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…

Most courts have flexibly interpreted the constitutional requirement of procedural and substantive due process in favor of zero-tolerance expulsion decisions. While being sensitive to community intolerance for threats to school safety (student possession of guns or drugs), school leaders should modulate development and enforcement of expulsion…

Two middle-school students unsuccessfully challenged a Phoenix school's mandatory school uniform policy. The attorney representing the district interpreted the appellate court's decision as providing assurance for public schools that such policies are constitutional, provided they are content-neutral, not aimed at suppressing any particular…

A wrongful arrest/racial discrimination suit in Livingston, Texas ended unfavorably for the parents of an African-American fifth-grader complaining of unfair treatment by his teacher and classmates. The parents' complaint should have been remedied, short of their having to make a federal case of miscommunication. (MLH)

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

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…

The role of privilege in defamation suits arising from the evaluation of public educators is explored in light of the "Manguso vs. Oceanside Unified School District" court case, in which a teacher brought a libel charge against a superintendent. (DCS)

A hypothetical case of denial of tenure by a public institution to a faculty member with persistent personality conflicts with colleagues is the context for a discussion of related legal issues and the results of previous court litigation. (MSE)

Discusses the case of an 8-year-old boy with Attention Deficit Hyperactivity Disorder, problem behavior, and good grades, who was denied eligibility for special education under IDEA's "other health impaired" clause and Section 504. The court "ducked" on the parent's second claim concerning level of services available under…

This article reviews the law of teacher evaluation using recent cases. The purpose is to assist administrators in separating professional lore from legal requirements. Case analysis, with citations, is provided in several topic areas, including procedural default, remediation plans, statutory discrimination, and grievance arbitrability. (Author)

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…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

This document is a discussion draft intended to lead to the formulation of a set of guidelines by the state board of education concerning three areas of teacher negotiations: scope, good faith bargaining, and prohibited practices. It has been prepared in the form of an organized data base that focuses on summarizing the present state of the law…

Reviews present and proposed states of the copyright law in the field of higher education addressing questions of what is covered, who should be compensated, and how they could be compensated. Concludes there is broader protection for educational materials but narrower leeway for educational users than is commonly realized. (JT)

Stresses the importance of systematically determining children's language dominance before enrolling them in bilingual programs, and evaluates a variety of methods used to determine language dominance. A table listing 25 aural and oral instruments (including rating scales, interview schedules, and parallel tests) is provided. (CW)