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…

The cumulaltive impact of court decisions, on the church-related elementary and secondary schools, especially those under Catholic auspices, and on the relationship between religion and education in modern American life is considered. (JN)

The Supreme Court's interpretation of the Equal Access Act in "Mergens" alters the role of school officials in the recognition and functioning of student groups. The views of the justices are summarized followed by issues that may arise if a school decides against, or in favor of, having a limited open forum. (101 references) (MLF)

This report of the Supreme Courts' 1987-88 term is organized by subject matter with summaries of the key cases the court decided, lower court decisions the Court refused to review, and decisions to be reviewed in the 1988-89 term. A list of all cases discussed, including case citations, is included. (MLF)

This review of 1989-90 Supreme Court decisions is divided into four sections by subject matter: (1) student rights; (2) employee rights and labor issues; (3) school desegregation; and (4) special education. A list of cases and statutes discussed, with citations, is included. (MLF)

Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to…

In a federal court case (Timothy W. versus Rochester School District), a public school district was relieved of any obligation to provide special education services for a disabled child who was considered incapable of benefiting from educational services. This case has raised significant questions regarding the scope of school districts'…

This report is a study of school integration in Missouri 20 years after the United States Supreme Court decision in Brown v. Board of Education of Topeka, Kansas. During the course of the study a number of school districts were visited. In most cases, the superintendent of schools or a high ranking administrator was interviewed. The method of…

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…

In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student athletes. The Supreme Court reasoned that student athletes have a low expectation of privacy; the scope of the search was relatively unobtrusive; and the program served an important government…

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…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

The plaintiffs in the case Rosa Maria Rios, et al., against Henry P. Read, et al., in the United States District Court for the Eastern District of New York, involving the Patchogue-Medford School District public schools, were presented with 200 questions, organized into twelve sections dealing respectively with general enrollment data,…

In 1968, respondents (Pasadena, California high school students and their parents) brought a purported class action against various school officials seeking injunctive relief from allegedly unconstitutional segregation of the public schools in Pasadena. Ultimately, in 1970 the U.S. District Court ordered them to submit a plan for desegregating the…