Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…

Unitary status in school desegregation occurs when the federal district court dissolves all injunctions and releases the school district from further court supervision. Reviews several lower court decisions of the late l980s and the recent Supreme Court's decisions in "Dowell" and "Pitts." (MLF)

The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…

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…

Examines and addresses the major issues involved in school districts voluntarily filing for protection under the control and supervision of Chapter 9 of the Federal Bankruptcy Act. Discusses legal and managerial alternatives and examines the most recent Supreme Court ruling regarding the rejection of collective bargaining contracts under the act.…

Delineates recent legal developments in school district liability under Section 1983 of the U.S. Code (Civil Rights Act of 1871). Discusses municipal and school district immunity and concludes that districts are immune from punitive damages but not from monetary and injunctive relief when official actions violate individuals' federal rights.…

The Education for All Handicapped Children Act requires school districts to provide handicapped children with an appropriate education in the least restrictive environment. Analyzes several circuit court decisions that provide a reasonable framework for courts to use in deciding least restrictive environment controversies. (MLF)

Now that the Supreme Court in "Davis" has determined that schools can be sued for what one child does to another, schools will have a hard time avoiding frivolous lawsuits. The difficulty of analyzing the "Davis" decision lies in drawing a line between teasing and harassment. The conduct of certain six- and seven- year-olds…

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

In Markham v. Geller, a policy of attempting to hire less experienced teachers was held in violation of the Age Discrimination in Employment Act (ADEA). This article examines the case's significance for the interpretation of the ADEA and the case's impact on the question of business justification. (Author/MLF)

Examines the Fifth Circuit Court's 1991 reasoning in "Price," a case that resulted from the school district's adoption of a new student reassignment plan to meet court-ordered desegregation. Suggests locating schools in the center of cities. Advocates that the judiciary conduct periodic checks on school districts that have been declared…

More than 500 school districts currently operate under court-ordered desegregation mandates. Provides an overview of desegregation litigation and cites recent developments that may portend the end of judicial oversight for a number of school districts. (48 references) (MLF)

Recounts the history of the case, its unfolding in court, and the implications of the court's holdings. (IRT)

Much of the chaos in public school curriculum is a result of issues concerned with authority and governance in curriculum development. Mandates by federal courts, Congressional legislation, state courts, and contracts with professional employees impact on decisions of local education authorities. Needed changes in the structure of curriculum…