This fourth volume of the Legal Problems of Education Series discusses counselor liability, search and seizure of student property, and student records. It is organized into ten chapters concentrating on confidentiality, slander and libel, inspection and release of student records, use of records in court, search of students, search of property,…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" gives school officials sweeping power over school-sponsored publications and other curricular and extracurricular activities. To avoid charges of squelching student expression, school boards should make sure that policies limit censorship to legitimate…

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

This paper examines what exactly an educational record is. The definition of educational record is central to how the provisions of the Family Educational Rights and Privacy Act (FERPA) are laid out. In order to gain FERPA protection, a document must be considered an educational record. To set context, the paper describes FERPA as an act stating…

This paper is a presentation, in outline form, of the development of the "quasi-nonpublic forum," where cases involving student free speech push the envelope of what is acceptable under Constitutional law and what is appropriate/acceptable student behavior under constraints set by school regulations. Context is set by presenting court…

In "Rowinsky" the Fifth Circuit ruled that Title IX does not entitle a student to recover damages from a school district for peer sexual harassment. However, three federal district courts and the Eleventh Circuit have joined the trend of holding school districts liable. Follows the Eleventh Circuit's approach and advises school districts…

A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)

To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…

Presents an overview of both the federal statute governing the education of children with disabilities and the "Burlington" decision that requires, under certain circumstances, public school districts to reimburse parents for private educational expenses. Examines the leading cases involving parental placement of disabled children in…

Contends that a constitutionally grounded fundamental right of privacy protecting parental choice of home education is built on a reasonable construction of existing Supreme Court case law and a reassessment of state interests vis-a-vis the parental right of privacy. (147 references) (MLF)

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…