Presents divergent opinions of Justice Sandra Day O'Connor (for the plurality), Justice Antonin Scalia, and Justice Harry Blackmun in the Supreme Court decision to return the case of "O'Connor v. Ortega" (questioning the constitutionality of searching a public employee's office) to the district court. O'Connor rejected the notion that…

Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)

Outlines U.S. District Court Judge Kovachevich's decision to return the Ray boys in Desoto County, Florida, to the classroom. These three children, Randy, Richard, and Robert, are hemophiliacs who have been exposed to the disease Acquired Immune Deficiency Syndrome. They had been excluded from the classrooms and came to national attention as a…

Reviews proceedings in "Mozert v. Hawkins County," in which the Sixth Circuit Court found that Holt reading series used by Hawkins County Public Schools caused the plaintiff students to "forfeit a free public education." Implications of this court decision are discussed. The judge narrowed the scope of the decision to the…

The concept "in loco parentis" is discussed in relation to its historical place in education and its current status. The doctrine has expanded from its original idea of "restraint and correction" to figure significantly in court cases involving corporal punishment, student searches, school rules, correlative duties, and…

Discusses "Mozert v. Hawkins," pointing out four important factors in the case, and shows the reasonable and reasoned way the judge's final decision was made. (MD)

Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

Discusses whether the disease AIDS (Acquired Immune Deficiency Syndrome) could be considered a "handicap." Describes a recent court decision, "Arline vs. School Board of Nassau County," in which the court found that a teacher with tuberculosis could be defined as handicapped and that her dismissal was in violation of Section…

Outlines three ways schools are choosing to deal with Acquired Immune Deficiency Syndrome (AIDS) cases in their schools. Discusses the Center for Disease Control guidelines, the legal ramifications if schools do not follow these guidelines, and the implications for the future. Includes a resource guide for more information. (MD)

In recent years a growing number of state boards of education have established mechanisms to ensure dialog between public school policymakers and their nonpublic school counterparts. Outlines the methods used in four states: Florida, Louisiana, New York, and Ohio. (MD)

Outlines the history of private education and the development of secular education in American public schools. Changes in growth in the private school sector seem to occur in response to public school treatment of religious values. (MD)

Reviews a federal court ruling in Florida stating that minimum competency tests must be fair--that is, they must cover material that has actually been taught. Unfair tests used to determine eligibility for graduation violate the equal protection and due process clauses of the Constitution. (Author/WD)

Discusses some Supreme Court rulings that affect the rights of students and teachers. Includes discussion of the balancing test, due process, and equal protection. Offers five principles to guide administrators in interpretating the legal ramifications of school policy. (Author/WD)

Summarizes relevant statutes, court cases, and guidelines in an effort to provide interviewers with information to make them confident that they are not violating the rights of those being interviewed. (Author/IRT)

Notes that expulsion and suspension are incompatible with the goals of P.L. 94-142 and, therefore, are not available to schools as a discipline measure for special students. Outlines options the schools can create to deal with disruptive handicapped students. (IRT)