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Divoky, Diane – Phi Delta Kappan, 1989
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…
Descriptors: Behavior Problems, Case Studies, Drug Therapy, Elementary Education
McCarthy, Martha M. – Phi Delta Kappan, 1991
In 1989, the U.S. Supreme Court declined to review a First Circuit Court of Appeals decision interpreting federal law as requiring school districts to provide educational services for every handicapped child. This article reviews legal developments pertaining to severely handicapped children's educational needs, analyzes the "Timothy W."…
Descriptors: Costs, Court Litigation, Elementary Secondary Education, Financial Problems
Zirkel, Perry A. – Phi Delta Kappan, 1996
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…
Descriptors: Court Litigation, Legal Problems, Secondary Education, Sexual Abuse
Flygare, Thomas J. – Phi Delta Kappan, 1981
Provides advice from a legal standpoint on discipline procedures for special education students. (WD)
Descriptors: Discipline, Elementary Secondary Education, Expulsion, Legal Problems
Zirkel, Perry A. – Phi Delta Kappan, 1996
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…
Descriptors: Attention Deficit Disorders, Court Litigation, Elementary Education, Individualized Education Programs
Flygare, Thomas J. – Phi Delta Kappan, 1986
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)
Descriptors: Busing, Court Litigation, Desegregation Litigation, Elementary Education
McCarthy, Martha M. – Phi Delta Kappan, 1993
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"…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
Verstegen, Deborah A. – Phi Delta Kappan, 1994
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…
Descriptors: Change Strategies, Court Litigation, Educational Equity (Finance), Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 1999
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)
Descriptors: Black Students, Communication Problems, Court Litigation, Elementary Education
Zirkel, Perry A. – Phi Delta Kappan, 1999
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)
Descriptors: Behavior Problems, Court Litigation, Due Process, Learning Disabilities
Zirkel, Perry A. – Phi Delta Kappan, 1998
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…
Descriptors: Court Litigation, Educational Policy, Legal Problems, Religious Factors
Zirkel, Perry A. – Phi Delta Kappan, 1996
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…
Descriptors: Conflict Resolution, Conservatism, Court Litigation, Elementary Education
Zirkel, Perry A. – Phi Delta Kappan, 2003
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)
Descriptors: Court Litigation, Discipline Policy, Expulsion, High School Students
Pullin, Diana – Phi Delta Kappan, 1981
The attorney for the plaintiffs in Debra P. v. Turlington discusses the harmful effects and the arbitrary and unfair nature of minimum competency testing. (Author/WD)
Descriptors: Court Litigation, Curriculum Development, Equal Education, Graduation Requirements
Zirkel, Perry A. – Phi Delta Kappan, 2000
A protracted class-action suit against California's Commission on Teacher Credentialing (by 15 minority individuals and 3 organizations) proved a major loss for plaintiff educators. The Ninth Circuit's ruling follows the trend of high-stakes testing decisions favoring the government, despite revised Office of Civil Rights guidelines. (MLH)
Descriptors: Basic Skills, Court Litigation, Elementary Secondary Education, High Stakes Tests
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