In recent years, the responsibility for the desegregation of American public schools has transitioned from federal court mandates to school board programs and policies. There is widespread belief that this has resulted in the resegregation of schools across the country. One popular policy that is purported to provide the opportunity for voluntary…

Despite the creeping resegregation of public schools, recent court decisions have been involved in the lifting of court-ordered desegregation decrees, which could arguably cause further segregation. When dismissing desegregation decrees, lower courts have relied on three U.S. Supreme Court decisions during the 1990s that permitted a lower standard…

The present article, a cross-case analysis, analyzes one aspect of the implementation of the No Child Left Behind Act (NCLB) that has generated conflict between the U.S. Department of Education and the federal court system. The conflicts arose between the courts' oversight of desegregation and the implementation of the public school choice…

The Supreme Court opinion of June 2002 in "Zelman et al. versus Simmons-Harris et al." is reviewed in this paper. In the first section, an interpretation of the ruling is offered in terms of four evaluative criteria: freedom of choice, productive efficiency, equity, and social cohesion. Unsurprisingly, the opinion strongly emphasized…

Reviews recent federal court findings in three legal areas: the responsibility of public schools to reimburse tuition costs for special education students placed in appropriate private programs, parents' rights to sue for damages when special education placement is inadequate, and students' freedom to incorporate sexual innuendo into speeches.…

This article examines a conflict that arose in 2004 between a federal court's oversight of desegregation and the implementation of the public school choice provisions of the No Child Left Behind Act in Pinellas County, Florida. School system leaders challenged the statute on the grounds that it would likely disrupt a controlled-choice plan…

Addresses the constitutionality of tuition-voucher programs that provide access to private, parochial schools. Surveys Establishment Clause jurisprudence of the United States Supreme Court. Examines the Cleveland, Ohio, and Milwaukee, Wisconsin, tuition-voucher programs, currently being litigated in the respective state courts, in an attempt to…

Presents an overview of both the federal statute governing the education of children with disabilities and the "Burlington" decision that requires, under certain circumstances, public school districts to reimburse parents for private educational expenses. Examines the leading cases involving parental placement of disabled children in…

Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…