Argues that special education jurisprudence is a composite creation resulting from the interplay of section 504 of the Rehabilitation Act, the Education for All Handicapped Children Act, and the Handicapped Children's Protection Act of 1986. These statutes embody a coherent approach for ensuring that handicapped children receive needed educational…

In deciding "Honig v. Doe" the United States Supreme Court held that the unilateral exclusion of a handicapped student for conduct caused by the student's disability, for a period in excess of 10 school days, constitutes a prohibited change of placement. Identifies and discusses seven unanswered questions regarding disciplining…

In "Hazelwood School District v. Kuhlmeier," the Supreme Court held that school authorities did not violate students' First Amendment rights by censoring a high school newspaper. Traces the history of the decision and contends that the Court has effectively curbed the role of the school newspaper as a student voice. (MLF)

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…

Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)

The United States Supreme Court, in the case of "Lee v. Weisman," held that inviting clergy to deliver prayer during an official public-school graduation ceremony violates the Establishment Clause of the Constitution. Discusses the "Lee" decision and addresses some of its possible implications for school law. (80 references)…

The Eleventh Amendment was ratified in 1795 to afford protection for the states. Reviews the history and evolution of the amendment's interpretation. Highlights decisions in education law concerning whether state governments may repel claims by plaintiffs seeking federal authority over state laws, policies, institutions, and programs. (34…

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

This chapter summarizes a number of cases in which the Supreme Court has dealt with the separation of church and state question presented by the First Amendment. These include an Arkansas statute that excluded Darwinian theory from the high school science curriculum. The Court declared the statute unconstitutional because the exclusion was…

The authority that local school officials and state athletic and activity associations have over extracurricular activities is the subject of this survey of reported cases beginning in 1980. Legal developments are discussed in the areas of general transfer rules, transfers and private schools, ineligibility based on nonschool incidents, team and…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…