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Russo, Charles J.; Thro, William E. – School Business Affairs, 2009
The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…
Descriptors: Courts, Federal Government, Court Litigation, Boards of Education
Russo, Charles J.; Osborne, Allan G. – School Business Affairs, 2009
In 1990, Congress enacted the Americans with Disabilities Act as a comprehensive mandate to eliminate discrimination against individuals with disabilities. The ADA's primary intent was to extend the protection of Section 504 of the Rehabilitation Act of 1973. The major difference between the two laws is that Section 504 applies to programs that…
Descriptors: Employees, Courts, Disabilities, School Business Officials
Taylor, Kelley R. – Principal Leadership, 2009
In 2007, the Supreme Court heard a case that involved the question of whether a school district could be required to reimburse parents who unilaterally placed their child in private school when the child had not previously received special education and related services in a public institution ("Board of Education v. Tom F."). The…
Descriptors: Private Schools, Courts, Disabilities, School Districts
Samuels, Christina A. – Education Week, 2008
New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy…
Descriptors: Individualized Education Programs, State Legislation, Special Needs Students, Disabilities
Orfield, Gary; Frankenberg, Erica; Garces, Liliana M. – Urban Review: Issues and Ideas in Public Education, 2008
In June 2006, the U.S. Supreme Court agreed to review two related cases originating from school districts in Louisville, Kentucky and Seattle, Washington that involved voluntarily adopted racial integration plans. Concerned about the outcome of these cases, 553 social scientists submitted a social science statement to the Supreme Court summarizing…
Descriptors: Student Diversity, Social Science Research, Racial Integration, Courts
Carter, Julie H. – Journal of Gay & Lesbian Issues in Education, 2004
In light of its recent and unequivocal support of gay civil unions, Canada enhanced its reputation as the most tolerant and progressive country in the western hemisphere. Regardless of how far people come in the fight for lesbian, gay, bisexual and transgender visibility, there will be minor setbacks along the way. Around the same time as the…
Descriptors: Courts, Court Litigation, Foreign Countries, Homosexuality
Essex, Nathan L. – American School Board Journal, 1987
In "Hosemann v. Oakland Unified School District," a California Superior Court ruled that Oakland public schools have an affirmative duty to alleviate crime and violence on school campuses. Both students and staff members are now protected against violent acts on school grounds. Guidelines are offered for school boards and administrators…
Descriptors: Boards of Education, Courts, Crime, Elementary Secondary Education
Hudson, David L., Jr. – Principal Leadership, 2004
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"…
Descriptors: School Safety, Courts, Constitutional Law, Boards of Education
Engl, Margaret; Permuth, Steven B.; Wonder, Terri K. – International Journal of Educational Reform, 2004
In the fall of 1953, the Supreme Court of the United States received the case of "Brown v. Board of Education of Topeka" (347 U.S. 483, 1954) that raised essential questions, including whether separate but "equal" facilities in education can be provided for black students in the United States or whether the consideration of…
Descriptors: Social Justice, Equal Education, Courts, Court Litigation
Hill, Paul T. – Brookings Papers on Education Policy, 2000
In this paper, the author discusses the federal role in education, which raises fundamental questions about how federal programs affect the schools. He suggests principles for a new federal role and shows how government policies have made schools more formal and complex; engineered political pressures that distorted schools' operations and…
Descriptors: Federal Government, Government Role, Government School Relationship, Educational Policy

Kirp, David L.; And Others – American Journal of Education, 1979
Varied reactions within Richmond, California, to efforts to achieve racially balanced schools were analyzed in this article. The authors state their intention was to unravel the complexities of a policy problem in one community--not to pronounce unequivocal judgment on resolutions achieved. (Author/DB)
Descriptors: Board of Education Policy, Community Control, Community Problems, Courts