A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

The authors' recent study of all published decisions in state and federal courts concerning superintendent termination led to a surprising finding: The decisions overwhelmingly favored school districts. In this article, the authors examine several superintendents' intriguing cases. The authors also discuss practical lessons for superintendents.

Religious ferment has been on the rise in public schools. For example, recent newspaper accounts report a controversy in Mustang, Oklahoma, concerning the superintendent's removal of a nativity scene from an elementary school's holiday production; a suit by a Cupertino, California, elementary school teacher against a principal who censored his…

Summarizes outcome of appeals to federal circuit courts of appeal and to the U.S. Supreme Court by losing parties. With few exceptions, appeals result in no significant changes in holdings. (Contains 27 references.) (PKP)

Analyzes California case ("Newdow v. U.S. Congress") involving Constit utional challenge to the phrase "under God" in the Pledge of Allegiance wherein the Ninth Circuit Court of Appeals held that the phrase violated the Establishment Clause requiring state-church separation. (Contains 11 references.) (PKP)

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

Discusses recent Third Circuit Court of Appeals decision in Pennsylvania case supporting claim that State College Area School District's anti-harassment policy violated two students' First Amendment right of free expression because it was overbroad. Draws lessons for public school officials. (PKP)

Two recent federal court decisions side with school authorities. In both cases the judges held the plaintiffs liable for the attorney fees of the defendants. The author comments that this may reflect a partial changing of the federal courts' attitude, yet cautions schools to remain vigilant of student rights. (MD)

A superintendent's decision to stop presentation of a high school play was upheld by the court over a challenge that the students' First Amendment right of expression had been unconstitutionally abridged. The case has implications for other cases involving student First Amendment claims. (MLF)

Analyzes a Nevada case involving parents' challenge to district's policy that denied speech therapy services to their home-schooled, speech-impaired student. Ninth Circuit Court upheld the legality of the district's policy, holding that it did not violate the Individuals with Disabilities Education Act (IDEA) since home schooling is not considered…

To determine the frequency of reported litigation in higher education, a WESTLAW search of the institutional, employees, and student categories under the topic "Colleges and Universities" was conducted. The institutional cases declined notably in the 1980s while the employee and student cases increased slightly. (MLF)

Describes an Illinois case involving the demotion of an elementary school principal with 5 years of experience to a classroom teacher. The former principal sued the district claiming that her state due-process rights were violated. The state court disagreed, entering a summary judgment for the district; later affirmed on appeal. Reviews other…

Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)