Controversy developed among the federal circuits concerning whether or not Congress, when it passed the Education for All Handicapped Children Act, intended to abrogate the states' 11th Amendment immunity from a lawsuit in the federal courts. Discusses decisions favoring and against abrogation, and the Supreme Court's reasoning in ruling against…

Presents an overview of the original "Brown" decision and the complex body of case law that has evolved from it. Reviews the "compensatory education" alternative, which focuses upon improving education for minority students by means other than strict numerical integration, as well as the special problems found in districts with…

A New Hampshire school district denied a special education program to a severely handicapped and profoundly retarded child. The Court of Appeals ruled in favor of the child. Reviews the legal history of "Timothy W. et al. v. Rochester et al." Advises school districts of actions to take to avoid such cases. (30 references) (MLF)

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

In this article, the author, who was one of the plaintiffs' counsel in the litigation of Morgan v. Hennington, examined the factual and legal bases of the federal district court's opinion. (Editor/RK)

In a recent series of decisions, the Supreme Court has set the standard for returning control of vital school affairs to local school officials. Discusses the legal bases school officials and their legal counsel might use in showing that their school district has attained so-called unitary status, the condition for lifting federal desegregation…

Recent decisions of the U.S. Supreme Court appear to create similar standards in employment discrimination cases harmonizing the theories of disparate treatment and disparate impact. Implications of the emerging judicial unification between the two theories are addressed and its relevance to school districts summarized. (MLF)

School desegregation court cases provided the impetus to early experimental efforts at government takeover of public schools. Most recently, states have taken over school districts for failure to demonstrate adequate academic progress (educational bankruptcy). North Carolina's ABC program is profiled. Legal, financial, and organizational…

This testimony, by the General Counsel for the National Association Advancement Colored People before the May 1974 public hearings of the New York City Commission on Human Rights, discusses the case entitled "Jeffrey Hart et al Vs The Community School Board of Brooklyn, District 21", which has come to be known as both the Weinstein case…

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…

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…

Compares the recent opinions of the Second and Fifth Circuit Courts concerning the legislative intent of Title IX with earlier opinions of the First, Sixth, and Eighth Circuits, which declared the Title IX employment regulations invalid. A middle approach to interpretation of the law is proposed. (Author/MLF)

Examines seven federal court opinions that determined whether an educational institution can be held liable under Title IX for student-to-student sexual harassment that occurs on the institution's property or in connection with school activities. (82 footnotes) (MLF)

On May 1, 1972, the Public Education Association held an Educational Forum on Title I, Elementary Secondary Education Act in an attempt to pinpoint and, if possible, clarify some of the major problems and issues, particularly as they relate to New York City. In a decentralized school system, for example, which agency is the Local Educational…