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…

The Supreme Court's decision in "Missouri" underscores the majority's reluctance to find a constitutional or factual connection between segregated schools and segregated neighborhoods that would allow courts to fashion broad remedial decrees. Examines the judiciary's treatment of residential segregation and racial segregation in…

The 1977 Supreme Court decision in "Milliken v. Bradley," involving the Detroit public schools and the state of Michigan, held that federal courts possess the authority not only to order the implementation of educational program components as part of a desegregation remedy, but also to assess a portion of the cost of such components…

In "Kiryas Joel," a sharply divided Supreme Court ruled that a New York law establishing a separate school district for a group of Orthodox Hasidic Jews was unconstitutional. Outlines the unusual facts in "Kiryas Joel" and summarizes Justice Souter's opinion of the Court, Justice Scalia's detailed dissent, and the four diverse…

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)

This monograph, the fifth in a series, contains summaries and discussion of selected state and federal court decisions handed down during the Supreme Court's 1981-82 term. The cases were selected on the basis of their relevance to contemporary problems in public school settings, their definitiveness as articulations of existing law, and their…

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.…

The Individuals with Disabilities Education Act of 1990 stresses procedural safeguards regarding special education identification, placement, or services. Reviewed a sample of Illinois due process appeal decisions and concluded that the system appears to be serving Illinois educators and parents reasonably well. (20 references) (MLF)

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…

An analysis of court litigation in issues of school law is equally divided between decisions affecting school districts and those affecting postsecondary institutions. School-district litigation is arranged under the following categories: student rights and responsibilities, special education, employee rights and responsibilities, religion,…

Decisions made by federal and state courts during 1983 concerning school board and school district governance are reported in this chapter. Topics addressed include the powers and responsibilities of state and local boards of education; public access to board meetings; school boards' rights to make campaign contributions; the election,…

In this chapter on decisions made by federal and state courts during 1983 concerning school property it is noted that no new trends emerged during the year. Among the topics addressed are the extent of school board authority over property use and other property matters; the attachment and detachment of land from school district holdings; school…