The lack of support for transfer students, specifically students with individualized education plans (IEP) into school environments, is problematic. At times, IEP students face additional obstacles and challenges due to their disabilities compared to the regular education population. The authors formulated a case that follows an IEP transfer…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

This report, an evaluation of the history and current uses of Title IX, is the result of a joint effort by a subcommittee that included members of the AAUP's Committee A on Academic Freedom and Tenure and the Committee on Women in the Academic Profession. The report identifies tensions between current interpretations of Title IX and the academic…

An April 2011 "Dear Colleague" letter issued by the U.S. Department of Education's Office for Civil Rights provided new guidance related to Title IX and the civil rights violation inherent in sexual harassment cases. Using the "Dear Colleague" letter as a guide, this article will provide best practice suggestions to remedy…

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of…

The "Research & Action Report," published twice a year, is a window on the activities and initiatives at the Wellesley Centers for Women. The report typically features news about the Centers, interviews with researchers, commentary on recent events or social trends affecting women and girls, announcements of new publications, and…

The First Amendment does not protect a bully when it comes to vulgar or intimidating language. When the language or behavior interferes with another student's educational opportunities--whether it is done inside or outside of school--it is not protected by freedom of speech or expression, and it should be addressed by school officials.…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

This article focuses on student-to-student harassment, discussing incidents of harassment in schools, the effects on students, and the reasons it occurs in schools. The legal framework is reviewed with attention to the new legal standard established by the Supreme Court ruling in "Davis v. Monroe County Board of Education." Discusses the…

In May 1999, the U.S. Supreme Court, in "Davis v. Monroe County Board of Education," held that school districts can be liable for damages under Title IX for failing to stop peer sexual harassment. The case involved school staff's disregard of a fifth-grader's alleged harassment by a male classmate. (MLH)

A total of 20 judges ruled on a 1994 sexual-harassment case including 5 U.S. Supreme Court justices, who decided in a middle- schooler's favor. School districts are liable for violations of Title IX when they knowingly ignore blatant, pervasive abuse that limits a student's educational access. (Contains 28 references.) (MLH)

Analyzes the state of the law regarding peer sexual harassment. In "Davis" the Supreme Court ruled that a school district can be held liable for a student's sexual harassment of another student. Prior to this, lower courts were not uniform in their treatment of this charge. (Contains 47 references.) (MLF)

Two federal appellate courts heard cases with similar fact patterns and the same issue--are school districts liable for student-caused sexually hostile environments under Title IX? Since the courts reached different conclusions, this issue seems ripe for consideration by the Supreme Court. No student should have to run a gauntlet of abuse to…

This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)