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)

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)

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (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…

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)

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…

Two sex discrimination cases recently decided by federal courts in Alabama serve as a warning to small school districts that they must adopt more formalized employment procedures and make certain that the administrators implement the policies faithfully, procedurally and in spirit. (MLF)

Controversy developed among the federal circuits concerning whether or not Congress, when it passed the Education for All Handicapped Children Act, intended to abrogate the states' 11th Amendment immunity from a lawsuit in the federal courts. Discusses decisions favoring and against abrogation, and the Supreme Court's reasoning in ruling against…

Presents an overview of the original "Brown" decision and the complex body of case law that has evolved from it. Reviews the "compensatory education" alternative, which focuses upon improving education for minority students by means other than strict numerical integration, as well as the special problems found in districts with…

A New Hampshire school district denied a special education program to a severely handicapped and profoundly retarded child. The Court of Appeals ruled in favor of the child. Reviews the legal history of "Timothy W. et al. v. Rochester et al." Advises school districts of actions to take to avoid such cases. (30 references) (MLF)

In a recent series of decisions, the Supreme Court has set the standard for returning control of vital school affairs to local school officials. Discusses the legal bases school officials and their legal counsel might use in showing that their school district has attained so-called unitary status, the condition for lifting federal desegregation…

The Supreme Court decision in "Davis" added a fiscal incentive to school districts to prevent peer sexual harassment by ruling that educational institutions that show deliberate indifference to known harassment between students may be liable for the resultant damages. (Contains 212 references.) (MLF)

In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…