Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…

When Jake Baker wrote a violent, sexually themed story about one of his classmates and emailed it to a friend, the case that ensued highlighted how new technologies have created fresh ways for students to harass, oppress, or be oppressed by others. This article examines concepts of violence and cultural imperialism oppression, primarily as defined…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

A new video game in which the player stalks and shoots fellow students and teachers in school settings is drawing fire from school district officials. "School Shooter: North American Tour 2012" is a first-person game that allows the player to move around a school and collect points by killing defenseless students and teachers. The game,…

Since the "Tinker" decision, the Supreme Court has maintained that student First Amendment rights are modified by the "special characteristics of the school environment." The nature of these characteristics, however, has not been adequately investigated. The author proposes seven characteristics of schools that are relevant to…

Provides an update of the case law dealing with assaults on school personnel, including an illustrative Arizona case followed by a question-and-answer discussion posing certain hypothetical situations concerning the facts and law of the case. Draws implications for policy and practice. (Contains 13 references.) (PKP)

Argues that school policies of "zero tolerance" of threatening speech may violate a student's First Amendment right to freedom of expression if speech is less than a "true threat." Suggests a two-step analysis to determine if student speech is a "true threat." (PKP)

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

According to Jay Worona, general counsel for the New York State School Board Association, "Balancing safety and student constitutional rights is not easy. It has to be a careful balance. School officials must be prudent and not overreact. But one part of the equation has to be paramount. And safety should be the primary concern"…

This monograph analyzes health and safety issues in education in terms of relevant constitutional and statutory provisions. Chapter 1, an introduction, summarizes Fourteenth Amendment equal protection and due process clauses and defines "handicapped" under the Rehabilitation Act. State assistance and student eligibility under the…