Courts have been reluctant to interfere with the decision-making authority of local school boards. However, a reduction-in-force (RIF) decision can be legally challenged by a discharged employee with evidence that the school board has either: (1) acted arbitrarily or capriciously, (2) failed to comply with procedural mandates, or (3) utilized…

A review of the problems of vicarious liability of parents for their children's vandalism to school property reveals that in all states parents can be held responsible if it can be established that the vandalism was the reasonably traceable result of lack of supervision or misdirected parenting. Almost all legislatures feel it is appropriate to…

This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…

This monograph was designed to assist school attorneys, school board members, and administrators in their efforts to prevent, respond to, and defend against claims of sexual harassment by employees. It includes discussion of the law relating to harassment of employees by other employees and employee harassment of students. Practical advice is…

Examines a recent decision by the Sixth U.S. Circuit Court of Appeals in "Montgomery v. Carr," which determined whether the law permits a school board to have an antinepotism or conflict-of-interest policy that prohibits spouses, parents, and children from working in the same school or district. The court found that the school district…

In "Williams by Williams v. Ellington" the Sixth Circuit Court of Appeals upheld the strip search of a female student for drugs. Explains the standards for searching students in schools as set forth by the Supreme Court in the "New Jersey v. T.L.O." decision. Considers the application of legal standards in "Williams"…

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…

Describes judicial attitudes toward the needs of linguistic minorities in the 1960s and 1970s and the shift during the last decade from mandating national standards to emphasizing local community discretion. Explores the implications for the national-value/community-value distinction for bilingual education and for current controversies concerning…

Addresses a Seventh Circuit ruling that treats parental hostility as a factor in determining the appropriateness of an individualized education program. Asks what are the alternative and appropriate means for counteracting undue parental hostility in cases under the Individuals with Disabilities Education Act and related laws. (60 references) (MLF)

The Supreme Court's denial of review in the case of "Kinsey v. Salado ISD" may serve to restrict future free speech and political association rights of top educational administrators. Advises top administrators to avoid public involvement in the election of their board members. (MLF)

In August 1999, the Kansas State Board of Education voted to remove the subject of evolution from state-mandated tests required for all Kansas students. Looks at the board's decision in light of current Establishment Clause jurisprudence; examines the consequences for schools, students, and courts nationwide; and whether the state's action is a…

"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…

The Supreme Court, in "Rosenberger," ruled against the University of Virginia when it denied student newspapers with religious perspectives equal access to student activities funds. Discusses decisions by all the courts and implications for future changes in the legal standard by which cases involving public assistance for religious…

"Rosenberger" revises Establishment Clause jurisprudence in several aspects: (1) ends "Lemon versus Kurtzman" as a main precedent; (2) alters First Amendment law by holding that government efforts to treat religious speech differently amounts to discrimination against people based on their "viewpoint"; and (3)…

A federal case from Georgia about strip-searches of fifth-grade students for a missing $26 was appealed to the 11th Circuit Court. The 11th Circuit affirmed the district court that the strip searches were unconstitutional but that certain federal law rules shielded the school employees, a police officer, the school district, and the county from…