Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

School personnel need to learn about the outcomes of controversial education cases. Research on school law knowledge indicates that teachers and students would benefit from learning the basic principles of school law. (six references) (MLF)

Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…

Conflicting opinions between two circuit court decisions set the stage for another consideration of school officials' discretion in deciding whether the Equal Access Act would apply to their schools based on the presence or absence of a limited open forum. (MLF)

A school dance in Purdy, Missouri, occurred only because a federal district court prohibited enforcement of the school board's policy barring social dancing on school property. The commentary examines that district court opinion, subsequent events in the community, the appeal, and the Eighth Circuit Court's holding in the case. (MLF)

In "Lee" the Supreme Court determined that "including clergy who offer prayers as part of an official public school graduation is forbidden by the Establishment Clause." Confusion arises over whether the Court decision determined "what" cannot be done or "who" cannot do it. Surveyed 10 Kentucky school…

Discusses the boundaries of the Supreme Court's decision in "Lee" that relied on the factors of direction and coercion. Analyzes three lower court rulings regarding graduation prayers. Advises state legislatures and local school districts not to sponsor any student religious activity at graduation time. (97 footnotes) (MLF)

Explains "forum analysis" and analyzes its application in a sample of free speech cases and assesses its application in a limited range of relevant cases. Contains a selective listing of 38 public-forum cases relevant to schools or colleges. Concludes that education needs a new, more speech protective restatement of the public-forum…

Thirty-eight years have elapsed since the "Brown" decision outlawing public school segregation. Part 1 reveals three clearly identifiable periods of judicial development. Part 2 treats unanswered questions and attitudes of school officials pre-"Dowell." Part 3 examines the post-"Dowell" period to the present and…

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some…

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)

Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…

Despite the United States Supreme Court's decision to let stand a judgment that the New Jersey law mandating a daily minute of silence in schools violated the first amendment, the Court, when presented with a statute resulting from a nonreligious purpose, may find a moment of silence permissible. (MLF)

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" affirms that school officials have authority over school-sponsored publications. How supervision of student expression is exercised will teach young people a powerful lesson in freedom of the press--or oppression. (MLF)