Based on past incidents involving racial tension and student wearing apparel that displayed the Confederate flag, a South Carolina middle school prohibited clothing with the Confederate flag visible. Judge William B. Traxler Jr. ruled for the district. Advises administrators that they can regulate or ban expressive conduct by students only if…

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" gives school officials sweeping power over school-sponsored publications and other curricular and extracurricular activities. To avoid charges of squelching student expression, school boards should make sure that policies limit censorship to legitimate…

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

In "Stephenson v. Davenport Community School District," the U.S. Eighth Circuit Court of Appeals ruled that schools cannot adopt unduly vague policies to regulate student expression, in this case, a cross-shaped tattoo. (LMI)

In a recent series of decisions, the Supreme Court has set the standard for returning control of vital school affairs to local school officials. Discusses the legal bases school officials and their legal counsel might use in showing that their school district has attained so-called unitary status, the condition for lifting federal desegregation…

In "Rowinsky" the Fifth Circuit ruled that Title IX does not entitle a student to recover damages from a school district for peer sexual harassment. However, three federal district courts and the Eleventh Circuit have joined the trend of holding school districts liable. Follows the Eleventh Circuit's approach and advises school districts…

A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)

To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…

The Supreme Court's ruling in "Betts" gives employers wide latitude in structuring benefit plans and should strengthen the confidence of school boards that wish to offer age-based retirement incentives. (MLF)

Discusses three federal cases: "Hall v. Board of School Commissioners of Mobile County, Alabama," involving distribution of union literature in school; "Board of Education of Rogers, Arkansas, v. McCluskey," regarding student discipline policies; and "Duro v. District Attorney, Second Judicial District of North…

Examines a recent decision by the Sixth U.S. Circuit Court of Appeals in "Montgomery v. Carr," which determined whether the law permits a school board to have an antinepotism or conflict-of-interest policy that prohibits spouses, parents, and children from working in the same school or district. The court found that the school district…

A federal case from Georgia about strip-searches of fifth-grade students for a missing $26 was appealed to the 11th Circuit Court. The 11th Circuit affirmed the district court that the strip searches were unconstitutional but that certain federal law rules shielded the school employees, a police officer, the school district, and the county from…

In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…