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)…

Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)

"State action" is a term used to describe claims arising under the due process clause of the Fourteenth Amendment and the Civil Rights Act for which a private party is seeking damages because the state has violated that party's civil rights. Cases are summarized illustrating the doctrine's evolution over the past century. The 1875 Civil…

Legal and practical considerations are discussed concerning whether school systems should participate in the nationwide class action suit against asbestos manufactureres or file suit on their own. Other topics discussed include grooming rules in sports, unnecessary litigation, and immunity from civil rights lawsuits for school officials. (TE)

This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school…

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 book is the third in a biennial series of school law monographs that was initiated in 1975 by Educational Research Service. These monographs present reviews of 100 recent state and federal court decisions, rendered since 1977, that have particular significance for those who determine educational policy and administer the public schools.…

Court decisions in suits by student victims against the school district employers and superiors of student molesters present a confusing mix of tort liability theories and court reactions. Examines case development under civil rights statutes; reports on the latest Supreme Court decision under Title IX; and comments on the cumulative effect of…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

Summaries and discussions of court decisions from 1979 to the present in this monograph, the fourth in a series, are designed to keep school administrators, board members, and others informed of current judicial decisions pertaining to elementary and secondary education. Because constitutional questions, especially those focusing on the First and…

School personnel are expected to exercise a reasonable degree of care in foreseeing and preventing accident or injury. Court challenges in this area come as tort suits--the legal recourse of an injured party against the allegedly responsible party. As previous governmental immunity erodes, tort suits against educators are increasing. This chapter…

This monograph, the fifth in a series, contains summaries and discussion of selected state and federal court decisions handed down during the Supreme Court's 1981-82 term. The cases were selected on the basis of their relevance to contemporary problems in public school settings, their definitiveness as articulations of existing law, and their…

This edition of the yearbook includes all state appellate and federal court cases relevant to elementary and secondary education decided during the 1977 calendar year and reported in the General Digest as of March 1978, as well as any 1976 cases that were not reported in the 1977 Yearbook. The book provides a comprehensive and objective summary…

Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…