Discusses Section 1983 of the Civil Rights Act of 1871, focusing on "Gonzaga University v. Doe" (2001). Reviews the Supreme Court's decision, analyzes the decision as it applies to federal statutes such as the Individuals with Disabilities Education Act, and discusses future implications of the decision. (Contains 91 endnotes.) (WFA)

As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)

A total of 20 judges ruled on a 1994 sexual-harassment case including 5 U.S. Supreme Court justices, who decided in a middle- schooler's favor. School districts are liable for violations of Title IX when they knowingly ignore blatant, pervasive abuse that limits a student's educational access. (Contains 28 references.) (MLH)

The U.S. Supreme Court decided that quadraplegics like Garret F. cannot enter the schoolhouse gate without supportive medical services--vastly different from ordinary nursing services. Are there limits to what government should provide for disabled students? This new responsibility level poses problems for schools and confounds Congress's original…

Summarizes background and aftermath of 1993 and 1997 New Hampshire Supreme Court unconstitutionality rulings against the state education finance system. Highlights "Claremont II," discussing initial responses, the Rubens constitutional amendment, the governor's ABC Plan, the bipartisan constitutional amendment, the 1998 governor race, and a…

A federal case (West v Derby Unified School District #260) involving a middle schooler's suspension for drawing a Confederate flag (in violation of a school racial-harassment policy) juxtaposes students' rights of free expression with public schools' unique needs. Speech (or artistic expression) that disrupts the educational process must be…

Explores the recent Supreme Court Decision ("Gebser v. Lago Vista Independent School District") on the liability standard Title IX imposes on school districts for the sexual abuse of a student by a teacher. Because the standard of actual knowledge and deliberate indifference by a school official is too high, the student is denied access to legal…

In a test of affirmative-action policies, a white teacher, Sharon Taxman, filed reverse discrimination charges when her downsizing district terminated her and kept a black teacher of nearly identical qualifications. The case was settled out of court. If the U.S. Supreme Court had heard the case under either the Equal Protection or Title VII…

This inservice primer for teachers, consisting of a case study and 10 true/false questions, distinguishes between protections guaranteed by two federal laws, Section 504 of the 1973 Rehabilitation Act and the Individuals with Disabilities Education Act. Emphasis is on eligibility requirements, coverage for certain learning disabilities and health…

Discusses administrator responsibility and student rights under the Fourth Amendment. Reviews search and seizure case law in school settings, highlighting "New Jersey v. TLO,""Vernonia v. Acton," and other landmark decisions. Some experts advocate a moral or cultural ethos fostering a sense of family and community, character and pride, symbol and…

"Agostini v. Felton" facilitates federal courts' consideration of applications of non-free-speech government-religion interaction. "Stark v. Independent School District No. 640," concerning a reopened Minnesota elementary school attended by children of a technology-adverse religious group, suggests that coincidences between religious beliefs and…

If a charter-school act permits too much freedom from state regulations, it may create private schools ineligible for state funding. In "Council of Organizations about Parochiaid v. Governor," the Michigan courts ruled on levels of state control necessary for charter schools to be considered public. At least 13 states would fail the Michigan trial…

Conflicts between parents' wishes and school authorities' decisions have historically occurred in several areas, including compulsory education, special education, and curriculum. Reviews legal precedents for parental rights, explores current court cases involving parent/school authority conflicts, and critiques recent state legislation concerning…

In 1978, six federal taxpayers successfully sued the New York City Board of Education, claiming the board's Title I program (allowing public instruction of private-school students) violated the Establishment Clause. In 1995, the NYC Board of Education and parochial-school parents sued for relief from the permanent injunction (and adverse…

Explores the exemplar and nexus arguments structuring the debate on acceptable teacher conduct outside the classroom. The exemplar argument holds teachers to a mandatory role model standard. The nexus argument views teachers' private acts as protected unless job performance is affected. While nexus (via court litigation) has protected teachers'…