The Eleventh Circuit ruling in "Greer" establishes relatively clear guidelines for making choices regarding mainstreaming in considerations of appropriate programing. Only when mainstreaming in a regular class is not appropriate may a determination be made as to how the child can be placed in a special-education setting in the least…

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

Discusses "National Labor Relations Board v. Yeshiva University," which ruled that college faculty were managers and thereby excluded from collective bargaining, focusing on why the Supreme Court classified professors as managers, whether the Court did something unusual in this case, or whether faculty is simply the unlucky vanguard of a…

Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

Examines effectiveness of court challenges to education-finance systems in achieving need-driven educational equity, focusing on California, Kentucky, and Texas. Provides overview of education-finance litigation and goals of finance reform. Describes funding system in each state both pre- and post-litigation; uses statistical measures to discuss…

School desegregation court cases provided the impetus to early experimental efforts at government takeover of public schools. Most recently, states have taken over school districts for failure to demonstrate adequate academic progress (educational bankruptcy). North Carolina's ABC program is profiled. Legal, financial, and organizational…

This article presents an interview with Jonathan Kozol. Topics discussed include: (1) On the root causes of school resegregation; (2) On strategies for solving the problem; (3) On guaranteeing education for all; (4) On forcing opponents of integration into the open; (5) On mechanisms for promoting integration; (6) On scripted curricula in…

This newsletter on collective bargaining in higher education and the professions devotes nearly all this issue to an analysis of a recent Supreme Court decision ruling that licensed nurse practitioners are supervisors who are therefore excluded from collective bargaining protection. The "National Labor Relations Board, Petitioner versus…

This paper examines legislation, court decisions, and state and local policies affecting the use of corporal punishment in schools, and speculates on the particular context presented by small or rural schools. There are no universally applicable federal statutes dealing with corporal punishment in schools. Decisions by the Supreme Court and…

The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the…

The article traces the impact of Title Seven of the Civil Rights Act on equal employment consent decrees and court decisions dealing with the seniority arrangement in the steel industry. (MW)

Public school districts that have new policies establishing minimal competency programs that consequently deny some handicapped students a standard diploma have been subjected to litigation. Legal decisions are discussed, addressing, first, the question of fair standards and, second, the fairness of the procedures for administering new graduation…

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…