Six sets of emerging issues that could involve specific students and classroom situations are discussed here: class suspensions and due process, class rules and teacher inconsistency, classroom equality of opportunity, competency testing, classification of students, and classroom management in alternative schools. (Author)

The U.S. Supreme Court is applying a new legal standard in court actions involving students' constitutional rights. Instead of basing decisions on the "substantial interference" argument, the Court is giving school officials broad latitude to structure an environment in which students can both learn and develop "socially appropriate…

To halt "white flight" to the suburbs occurring since a 1969-70 court decision imposed cross-town busing, neighborhood schools should be reinstated. The board's decision was challenged by the United States District Court, upheld by the U.S. Court of Appeals (Fourth Circuit), and may become a Supreme Court case. (MLH)

A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

Summarizes the reasoning of a group of legal experts and reform-minded educators who discussed a recently filed suit against the San Francisco Schools. The 18-year-old plaintiff in this case is suing for one million dollars because he can't read. (JF)

Recent studies indicate that sexual harassment in schools is pervasive. Verbal harassment (degrading epithets, comments, and allusions) is most prevalent, but girls are also disturbed by physical manifestations. Harassing behavior affects school atmosphere and students' educational choices. Issues involving cultural diversity, free speech, false…

Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…

Since 1989, supreme courts in 12 states have declared their education finance systems unconstitutional. Numerous states are involved in litigation. State courts are presently attempting to close the gap between the best- and worst-financed education systems, focus on disparities in substantive education content, and achieve equity and adequacy…

Describes a principal's reaction to the destruction of his career resulting from unfounded sexual harassment charges. Blackballed by the educational community, he became an excellent car salesman and author of a book on parental involvement. Advice for other administrators judged "guilty by accusation" is provided. (MLH)

Since Brown University lost its four-year court battle over athletic program equality issues, most colleges and secondary schools have learned to settle when sued under Title IX. Virginia Tech, University of Kansas, and Howard University are illustrative cases. Since nearly all high schools and colleges are vulnerable, it is wise to prepare for…

Summarizes a complex Kentucky appeals court ruling upholding a school district's right to administer the Kentucky Instructional Results Information System exam to all students. Parents not allowing their children to take the exam lost their "reasonable accommodation" suit--signalling strong judicial support for the education reform…

Compared to students from affluent public and prep schools, few inner-city students receive extra time or other accommodations when taking high-stakes tests. The growth in "false positives" among affluent youth may partly stem from nonspecific definitions under the Individuals with Disabilities Education Act. Fairness is being…

Describes a suit against the East Lansing (Michigan) Schools, brought by conservative religious parents dissatisfied with counseling, music, and conflict-resolution activities provided for their third-grade son. The plaintiffs' action failed. The Hatch Act has limitations. However, there is strong public sentiment against entrusting schools with…

Summarizes a complex sex abuse case in a Texas district that turned on a teacher's failure to report a coach's misdeeds to the proper authorities. The appeals court, which found for the teacher, concluded that the missing ingredient was control. The child-abuse reporting statute did not empower a teacher with legal control over the coach's…

Summarizes a case involving a district's alleged violation of a neurologically impaired student's rights under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act (Section 504). The Third Circuit Court ruled that IDEA's "stay-put" rule did not excuse the district from developing a timely individualized…