If a suit is brought as a class action, either plaintiff or defendant may move to uphold or challenge class certification. If neither does so, the court decides whether the action may be maintained as a class suit. Prerequisites for class certification from Rule 23 (Federal Rules of Civil Procedure) are explained. (TE)

The Supreme Court's "Croson" decision has major implications for local government and school administrative units that wish to encourage the use of minority contractors. Discusses the decision and some of the effects that the rules announced in the case may have on North Carolina's local governments and schools. (MLF)

Outlines the federal Drug-Free Workplace Act of 1988 and examines recent Supreme Court rulings on drug testing of employees. Notes that for the majority of public employees, the requirement remains that drug testing be premised on individualized suspicion of drug use based on supporting evidence. (MLF)

Student-on-student violence raises important issues about how students can use the courts to redress the wrongs they suffer. Some victims file a claim in Federal court under Section 1983 of Title 42 of the United States Code. Examines three theories of liability under Section 1983 as they relate to violence among students in public schools. (MLF)

In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…

Discusses the applicability to school officials and school attorneys of the Supreme Court decision in Harlow v. Fitzgerald that an official's right to qualified immunity may be decided before trial and that an objective test is: Could the official reasonably have known that his conduct would violate someone's federal rights? (MLF)

While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)

In "Hicks," the Supreme Court handed down an opinion that rewrites the legal standard in deciding intentional discrimination claims under Title VII of the Civil Rights Act of 1964. Provides a brief background of intentional discrimination; summarizes the Court's opinion, that clearly tilts the balance in favor of employers, and the…

The United States Supreme Court, in the case of "Lee v. Weisman," held that inviting clergy to deliver prayer during an official public-school graduation ceremony violates the Establishment Clause of the Constitution. Discusses the "Lee" decision and addresses some of its possible implications for school law. (80 references)…

An examination of the major Supreme Court cases affecting schools from 1970 through the recent 1981 term shows how the Court since 1969 has moved to a more conservative interpretation and application of due process to the public schools. Most of the cases concern either student discipline or teacher termination. (Author/MLF)

Presents an overview of the law governing the award of attorney's fees in civil rights cases and explains the importance of the attorney's fees issue in federal lawsuits brought against educational governing boards and school officials. (Author/MLF)

Discusses United States Supreme Court's recent decisions in "Board of Education v. Dowell" and "Freeman v. Pitts." Decisions clarify powers of a federal district court to end court-imposed desegregation over all or part of school operation and will be used increasingly in the future to accomplish the Court's stated goal of the…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

The Supreme Court affirmed in "Mergens" that the Equal Access Act represents a legislative determination that secondary school students are mature enough to be exposed to an open forum. However, schools can either recognize noncurriculum-related groups, restrict student groups to curriculum-related activities, abolish student clubs, or…

Addresses the authority of school officials to regulate student dress by examining school dress codes, first with respect to communicative dress--or dress that communicates speech--and then with respect to noncommunicative dress. Provides a summary of the law on dress codes and a basic set of rules to assist school officials in drafting…