Review of suit brought by high school basketball player against Iowa school district claiming the district was guilty of negligent misrepresentation. High school counselor advised student to take a communications course, saying it would satisfy NCAA core English requirements, but he later found out it did not, resulting in his loss of a…

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…

Discusses recent Third Circuit Court of Appeals decision in Pennsylvania case supporting claim that State College Area School District's anti-harassment policy violated two students' First Amendment right of free expression because it was overbroad. Draws lessons for public school officials. (PKP)

In September 2002, the children of parents Latasha Gibbs, Carmella Glass, Laverne Jones, Charlene Mingo, Deborah Powell-Jasper, Eunice Staton, and Keikola Valentine were attending New York City public schools that the state education department identified as needing improvement -- in other words, failing -- under the No Child Left Behind (NCLB)…

In this month's Courtside, the author will stray somewhat from his usual format of describing a single case. Instead, he will be presenting the details of two separate cases, both of which involve similar circumstances, rely on similar legal arguments, and have similar outcomes. Most important, both appear to carry the same lesson. The lessons…

Analyzes complex Minnesota case wherein the state intermediate, appellate court upheld (2-1) juvenile court's order that a high school student expelled for making a bomb threat pay the district's tutoring costs and attorney's fees. (PKP)

In September 1997, the Ridgewood, New Jersey, school district placed J.N., then age 11, in the Windsor School, per the IEP (individualized education program) team's identification of his special needs for structure, safety, and security. As a state-approved private special education school, Windsor signed an agreement with Ridgewood for the…

The May 1954 Brown v. Board of Education decision came in the midst of a national preoccupation with taking care of very young baby boomers. There was a focus on the cheapest way to staff classrooms; build schools; get textbooks and other resources to students and teachers. The desegregation of schools proceeded with about the same level of…

The good news is that the achievement gaps between racial and ethnic groups in the U.S. are smaller than they were several decades ago. The bad news is that progress stopped around 1990. The National Assessment of Educational Progress (NAEP) continues to show large differences between the average scores of blacks and Hispanics on the one hand and…

While Canadians tend to consider the American system to be overly litigious, they are catching up fast. Their own domestic set of plaintiffs is suing the agents of obesity and pollution, but actions pertaining to education seem to be spiking as well. A few of these cases are trivial. This morning's local newspaper reports that a judge has ruled…

This case presents a costly lesson for teachers and for districts that include a liquidated, or stipulated, damages clause in their teacher employment contracts. Although the court enforced the clause in this case, in this well-reasoned recent decision and in most of the much older, canvassed case law from other jurisdictions, the answer to the…

In late October 2000, Franklin Scott and Nicholas Thomas, 11th-graders at a high school in Alachua County, Florida, each displayed a Confederate flag on campus. Scott did so on his pickup truck, and Thomas did so on his T-shirt. The principal, Lamar Simmons, had given each of them a warning when they had engaged in such conduct earlier in the…

Adam Coolidge lives with his parents in the Riverdale Local School District, which is in rural northwestern Ohio. In spring 1996, prior to enrolling Adam in kindergarten, his parents met with district representatives to discuss moving him from an early intervention program under the Individuals with Disabilities Education Act (IDEA). His…

In the Spring of 1998 the Portland (Oregon) Public Schools hired Dr. Pamela Settlegoode as an adapted physical education teacher for the coming academic year. Her job was to provide adapated PE to students with disabilities in three different schools and to draft individualized education plans (IEPs) in accordance with federal law. Soon after…