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…

The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the…

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

Summaries and discussions of court decisions from 1979 to the present in this monograph, the fourth in a series, are designed to keep school administrators, board members, and others informed of current judicial decisions pertaining to elementary and secondary education. Because constitutional questions, especially those focusing on the First and…

School personnel are expected to exercise a reasonable degree of care in foreseeing and preventing accident or injury. Court challenges in this area come as tort suits--the legal recourse of an injured party against the allegedly responsible party. As previous governmental immunity erodes, tort suits against educators are increasing. This chapter…

In three recent cases, courts upheld school officials' decisions to prohibit students' school-based religious activities. Contends that the school boards and courts failed to exercise sufficient care in weighing students' right to engage in private religious activity during free time. (MLF)

Two federal courts of appeals each reversed a controversial lower court decision and in the process reaffirmed state control over curriculum policy. Discusses the implications of these cases for the scope and the limits of school board authority over the curriculum. (MLF)

Discusses (1) a Michigan court decision concerning reverse discrimination and voluntary affirmative action policies; (2) the Massachusetts Supreme Court's rejection of the work-to-rule strategy; and (3) an Arkansas law that will allow teachers failing a basic skills and literacy test to be fired only when their state certification expires. (MLF)

Congress enacted the Family Educational Rights and Privacy Act (FERPA) in 1974 as a floor amendment to a comprehensive education statute. Until 2002, persons trying to understand and comply with FERPA were without guidance from the Supreme Court, which did not hear a single FERPA case from 1974 to 2001. In its 2001-02 term, however, the Court…

Reviews recent developments in education law related to teachers' classroom academic freedom in the public schools and discusses the implications for both teachers and administrators. Available from West Virginia Law Review, W.V.U. Law Center, Morgantown, WV 26506. (Author/MLF)

Examines federal and state court decisions in school finance litigation involving the argument that education is a fundamental right with equal opportunity and equal protection. Outlines legal strategy for educational reform by arguing that surrogates for these concepts are state education laws requiring uniform, common or thorough, and efficient…

The Ninth Circuit Court of Appeals decision in "Planned Parenthood" supported school officials who refused to publish certain advertisements in school-sponsored newspapers. Contends that school officials' desire to avoid any possible controversy was the underlying motive for the decision to not publish the advertisement. (MLF)

The Ninth Circuit Court of Appeals ruled that the Equal Access Act (EAA) had precedence over the state constitution under the Supremacy Clause. Examines that decision and considers its implications for the implementation of the EAA as well as other issues in church-state separation in education. (53 footnotes) (MLF)

School boards need to keep current on the status of graduation prayer. The "Weisman" decision said graduation prayers violated the First Amendment; the "Jones" decision would allow graduation ceremonies with student-led invocations and benedictions. Reviews these decisions to pinpoint the sources of confusion in subsequent…

In its 1988-89 term, the Supreme Court, dominated by a conservative 5-4 majority made possible by the addition of Justice Kennedy, issued a number of decisions of significance to school districts. These decisions of the Supreme Court's 1988-89 term are summarized in this study and organized by subject matter into five sections: (1) civil rights in…