Examines and addresses the major issues involved in school districts voluntarily filing for protection under the control and supervision of Chapter 9 of the Federal Bankruptcy Act. Discusses legal and managerial alternatives and examines the most recent Supreme Court ruling regarding the rejection of collective bargaining contracts under the act.…

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)

The paper discusses the impact of two legal cases. In "Board versus Rowley," the Supreme Court established a three-part standard for appropriate education of students with disabilities. In "Centennial versus Commonwealth," the Pennsylvania Supreme Court held that gifted students merit an Individualized Education Program and…

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…

Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)

An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)

In Kansas City, Kansas, the school system wanted to do more than end two decades of court-ordered desegregation plans. The district created a comprehensive and integrated plan for educational improvement that can be used by any district. A three-pronged approach to school planning focuses on programs, demographics, and facilities. (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…

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

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 recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

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…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…