Analyzes a Nevada case involving parents' challenge to district's policy that denied speech therapy services to their home-schooled, speech-impaired student. Ninth Circuit Court upheld the legality of the district's policy, holding that it did not violate the Individuals with Disabilities Education Act (IDEA) since home schooling is not considered…

Identifies criteria relating to procedural due process from current judicial opinions, rulings of state attorneys general, and state administrative codes; applies the criteria to an analysis of school policies; and suggests guidelines for public school districts in the assessment, implementation, and revision of policies relating to procedural due…

Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)

After reviewing the history of corporal punishment in schools, author discusses "Ingraham v. Wright," wherein the U.S. Supreme Court found that the use of corporal punishment in schools was not unconstitutional. Calls for the federal courts to ensure that a student's 14th Amendment liberty interest is protected when subjected to…

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)

In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…

This case is significant because it goes further than any other earlier decision in describing the outlines of the substantive due process concept as it applies to school discipline. (Author)

From the 1940s to the 1970s, the numbers and outcomes of court decisions escalated dramatically in favor of students, employees, and other individuals suing school districts. Today, the overall trend of education litigation favors school officials. The single exception is the category for special education. Since passage of the original special…

Public institutions of higher education often violate the rights to freedom of association, equal protection of the law, and due process to which fraternities are entitled. Examines the following issues: (1) institutional recognition; (2) institutional control; (3) withdrawal of recognition; (4) legal standards of Interfraternity and Panhellenic…

School personnel need to learn about the outcomes of controversial education cases. Research on school law knowledge indicates that teachers and students would benefit from learning the basic principles of school law. (six references) (MLF)

Fourteen years ago in "Goss v. Lopez," the Supreme Court dealt with the procedural due process required when students are suspended for 10 days or less. Examines how case law has developed in lower federal and state courts from this decision. (MLF)

Analyzes two court decisions that defined the responsibilities and rights of student journalists. Both cases held that the newspapers involved were not "public forums." Suggests that the Supreme Court may once again have to address questions that were left unresolved by the majority opinion in "Kuhlmeier." (MLF)

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some…

The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" affirms that school officials have authority over school-sponsored publications. How supervision of student expression is exercised will teach young people a powerful lesson in freedom of the press--or oppression. (MLF)