This study analyzed the 65 hearing officer decisions in Illinois between 1982 and 2010 that were subject to a court appeal available in the Westlaw or Individuals With Disabilities Education Law Report (IDELR) databases. These 65 cases yielded 86 issue rulings. Based on refined measures of outcomes and deference, or standard of judicial review,…

Discusses current developments and recent litigation regarding sexual harassment of students by other students. Contends that, despite the discrepancy in recent circuit court decisions of different standards of liability in such cases, this uncertainty should not frighten school officials into abandoning their common sense. (24 footnotes) (MLF)

Two federal appellate courts heard cases with similar fact patterns and the same issue--are school districts liable for student-caused sexually hostile environments under Title IX? Since the courts reached different conclusions, this issue seems ripe for consideration by the Supreme Court. No student should have to run a gauntlet of abuse to…

Reviews three recent Supreme Court decisions involving government officials' immunity under Section 1983 of the U.S. Code (Civil Rights Act of 1871). Discusses how the decisions apply to school boards and officials and to teachers' and students' civil rights. (Author/RW)

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 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…

This monograph, the fifth in a series, contains summaries and discussion of selected state and federal court decisions handed down during the Supreme Court's 1981-82 term. The cases were selected on the basis of their relevance to contemporary problems in public school settings, their definitiveness as articulations of existing law, and their…

Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

In its June 1998 "Gebser" decision, the U.S. Supreme Court virtually eliminated the strategy of suing school districts in cases where students have been sexually harassed by school employees. Summarizes the majority position in the 5-4 decision and presents Justice Stevens's main dissenting opinion. Unresolved is the sexual harassment of…

The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…

Section 1983 of the Civil Rights Act of 1871 was designed as a flexible and broadly scoped statute to restrict a wide variety of actions of state officials. During the past 15 years the number of court cases in which provisions of the 1871 act have been applied to school-related issues has increased geometrically. In 1961 the provisions of the act…

Provides a brief overview of the legal context of litigation regarding whether children with disabilities are entitled to be placed in the regular education program with supplemental aids and services. Examines federal circuit rulings since 1990 that highlight the complexities involved. (39 footnotes) (MLF)

An analysis of court litigation in issues of school law is equally divided between decisions affecting school districts and those affecting postsecondary institutions. School-district litigation is arranged under the following categories: student rights and responsibilities, special education, employee rights and responsibilities, religion,…

This thirty-first edition of the "Yearbook" is a comprehensive reference to recent state appellate and federal court decisions affecting the operation and governance of public elementary and secondary schools in the United States. This edition includes all reported cases relevant to public schools decided during the 1980 calendar year as well as…