The Yearbook of Education Law contains analyses of the previous year's federal and state court decisions that affect private and public elementary and secondary schools and higher education. The Yearbook provides summaries and analyses of relevant state appellate and federal trial and appellate court cases. Contents include: (1) Employees; (2)…

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

Discusses the importance of drug-testing policies for educators by analyzing the recent Sixth Circuit Court of Appeal's decision in "Knox v. Knox." Concludes that mandatory drug testing for educators in safety-sensitive positions will not infringe on the constitutional rights of school employees. (Contains 30 footnotes.) (MLF)

Reviews federal cases that have considered whether school districts have an affirmative constitutional duty to protect school children. Research findings suggest that school children may be as helpless as prisoners when it comes to defending themselves from sexual abuse by school employees. (MLF)

This fifth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 involving claims of torts (civil wrongs, other than those involving breach of contract) committed by elementary or secondary educational institutions or personnel. Among the topics reviewed are claims of…

This fourth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 related to handicapped students, and to the conditions affecting them and, to a lesser extent, school personnel. Among the topics addressed are the procedural safeguards established to ensure appropriate…

Discusses history and purpose of state open-records laws. Surveys how parties make open-records requests, various causes of action, and sanctions for noncompliance. Examines how open-records requests related to district investigations can implicate the Family Education Rights and Privacy Act. Attempts to find appropriate balance between public's…

This review of the Supreme Court's term of cases that are relevant to school districts is divided into five sections by subject matter: (1) desegregation; (2) voting rights and political activity; (3) employment and labor; (4) student rights; and (5) special education. A list of cases and statutes discussed, with citations is included at the end…

Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)

Discusses the application of Section 504 of the Rehabilitation Act of 1973 as a legal theory available to an employee of a public school system who faces isolation, transfer, suspension, or termination because of Acquired Immune Deficiency Syndrome (AIDS). Addresses AIDS in the workplace and the law. (MLF)

This monograph was designed to assist school attorneys, school board members, and administrators in their efforts to prevent, respond to, and defend against claims of sexual harassment by employees. It includes discussion of the law relating to harassment of employees by other employees and employee harassment of students. Practical advice is…

The Supreme Court recently decided that Title IX covers employment practices in schools and colleges; however, portions of the Court's decision (whether Title IX provides "institutionwide" or "program-specific" coverage) raise serious questions about the future of Title IX as a force for sex equity in education. (Author/MLF)

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…

Focuses on the operational meanings of the following terms--"handicapped individual,""otherwise qualified,""reasonable accommodation," and "essential functions of the job"--as developed primarily in federal court decisions concerned with employment issues associated with handicapped persons in public…

Presents a comparative examination of state statutory codes related to public educator termination, and an analysis of recent court cases involving hearing officers in public education termination actions. (68 footnotes) (MLF)