As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

Few topics are receiving as much attention in the courts as sexual harassment. For example, the U.S. Supreme Court has delivered five case decisions since spring 1998. Three of the cases involved sexual harassment in employment, one involved teacher-to-student harassment, and one involved student-to-student (peer) harassment. These Supreme Court…

Both public and non-public school educators are aware that courts, over the last several decades, have played an increasingly significant role in defining school policy. Decisions in such areas as school desegregation, prayer, public school financing, student rights, collective bargaining, and other personnel issues attest to the extent and…

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)

Based on the landmark "Gebser" Supreme Court decision, school officials may be held accountable when they are aware of alleged sexual misconduct involving a teacher and a student but fail to initiate corrective measures. Although districts have some latitude, they must follow guidelines and construct clear, enforceable policies. (MLH)

Discusses clear trends in school law regarding compulsory community service and school district liability for student-to-student sexual harassment. The courts are upholding mandatory community service programs, as seen in a recent Fourth U.S. Circuit Court of Appeals ruling. The courts are also recognizing a student's right to protection by school…

Examines the current inconsistency between the jurisdictions concerning peer sexual harassment and proposes a standard by which future cases should be judged. Reviews three cases: (1) "Aurelia D. versus Monroe County Board of Education"; (2) "Doe versus Petaluma City School District"; and (3) "Doe versus Taylor Independent…

As in most workplaces, sexual harassment has been an issue of significant magnitude in educational institutions as well. It has left the education community with many questions about what constitutes sexual harassment, how to prevent it, and how to deal with the legal problems that may arise concerning it. This report dispels several myths about…

Addresses the recent history and current status of the sexual harassment problem in colleges and universities, focusing on the harassment of students by their teachers or peers and whether and how students can hold universities liable. Develops a typology of Title IX sexual harassment claims and their variable contexts, considers implications for…

Explains to colleges and universities the import of the Supreme Court' Title VII clarifications in the Burlington, Faragher, and Oncale decisions, discusses post-decision cases in the educational context, and recommends measures that educational institutions can take to safeguard themselves from discrimination and harassment complaints and…

As in many other areas of society, sexual harassment has become an important issue in education. It has left the educational community with many questions about what constitutes sexual harassment, how to prevent it, and how to deal with the legal problems that may arise concerning it. This report dispels several myths about sexual harassment in…

Sexual harassment of students by their teachers, teaching fellows, professors, school administrators, and peers is a growing problem in the educational institutions of the United States. Offers a legal framework for analyzing the problem with a review of the literature, legal arguments based on federal legislation, and analysis of the principles…

In its June 1998 "Gebser" decision, the U.S. Supreme Court virtually eliminated the strategy of suing school districts in cases where students have been sexually harassed by school employees. Summarizes the majority position in the 5-4 decision and presents Justice Stevens's main dissenting opinion. Unresolved is the sexual harassment of…