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)…

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

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)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

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…

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)

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)

Parents generally expect public school districts to provide for their children's care and safety while they are at school. Although in the first half of the twentieth century common law tended to make school officials immune from suit, more recently public school districts, school employees, officers, and elected boards have been successfully sued…

The purpose of this paper is to explore the due-process rights of public employees. These particular rights are grounded in the constitutionally protected liberty interest in one's good name and reputation. Both employers and employees should be aware of what parameters case law provides with regard to the dimensions of this due-process right and…

The 1985 United States Supreme Court decision in "Loudermill" established that public school employers may not dismiss employees who possess property rights in continued employment without due process of law. Examines the Supreme Court's decision, canvasses lower court decisions rendered since "Loudermill," and reviews the…

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…

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…

Judicial decisions affecting educational policy and management that were handed down in 1997 by state appellate courts and federal courts are summarized and analyzed in this book. The analyses, each written by one or more experts in educational law, are divided into nine topical chapters: (1) employees; (2) school governance at the state and local…