Describes the case of Casey Jesson, a hyperactive child ordered by the state of Hew Hampshire to ingest Ritalin or forego a public education. Despite adverse side effects and the perils of drug dependency, there is greater parental and educator acceptance of Ritalin than ever before. Scientologists are sparking an anti-Ritalin campaign. Includes…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…

This paper provides legal information about the role of physical conduct in student-teacher, teacher-teacher, and administrator-teacher roles. The two legal theories that pertain to physical conduct in the schools are found in Title IX of the Education Amendment of 1972 and 42 U.S.C. (1983) for violations of due process and equal protection…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

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…

In "New Jersey v. T.L.O." (1985), the U.S. Supreme Court reduced the evidentiary standard applying to search and seizure by school officials from "probable cause" to "reasonable suspicion." However, search of students should be done only when absolutely necessary (for safety or "order" reasons), and a…

Traces the legal arguments and decisions in "Smith vs. Robinson," which resulted in a U.S. Supreme Court decision disallowing the award of attorney's fees to successful plaintiffs claiming rights under the Education for All Handicapped Children Act. Notes implications of and reactions to the Supreme Court decision. (PGD)

The competing constitutional interests of the student press and the rest of the community at a state university are examined, addressing issues of administrative censorship, mandatory student funding of newspapers, and open access and right of reply claims made against the student press. (MSE)

Discusses the liability of principals in court cases involving claims of educational malpractice or personal injury to students. Cites major cases and suggests ways in which principals can reduce the likelihood of suits. (PGD)

The principles and objectives of the due process clause are explored and operational criteria constructed as a result of the court's decision in the Horowitz case. It is argued that the court abandoned the underlying principles in this case. (Journal availability: Fred B. Rothman & Co., 10368 W. Centennial Road, Littleton, CO 80123, $4.00.)…

Although the Americans with Disabilities Act forbids discrimination on the basis of learning disability, institutions of higher learning must establish academic achievement standards. A recent case ("Guckenberger v. Boston University") involving course substitutions for a foreign-language requirement illustrates this point. Boston…

In a Georgia case involving a strip-searched class of fifth- graders to locate some missing money ($26), a Federal Court judge concluded the searches were unreasonable. Although students won the constitutionality battle, they lost the war over liability and injunctive relief in a subsequent decision. (MLH)

This book presents a comprehensive update on the current state of United States law as it affects public education. Part 1, which covers law and education, contains two chapters that explain the sources of educational law and the tools of legal research. Part 2, which examines law pertaining to local boards of education, comprises four chapters…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…