Ten years have passed since New York's highest court ruled in the landmark school-funding and educational-rights case, "Campaign for Fiscal Equity (CFE) v. State of New York," that the state was violating students' constitutional right to the "opportunity for a sound basic education" and ordered significant reforms of the…

This report was written to provide current information on the existence of medical malpractice problems and the need for federal involvement and alternatives for resolving malpractice claims. It presents the perceptions of respondents from 37 nationally based organizations representing medical, legal, insurance, and consumer interests who…

Recent litigation in Georgia's courts has concerned the constitutionality of the state's system of funding for education and the issue of equal educational opportunities. The state supreme court has decided that, while the system is a poor one in terms of equalization, it bears a rational relationship to legitimate state purposes and thus does not…

During the last 12 months, the highest courts in 5 states have issued opinions on the constitutionality of their public school funding systems. Briefly reviews decisions and discusses possible future directions of this litigation based on an analysis of the 3 decades of litigation since "Serrano v. Priest" (1971). (Contains 11…

This is the 21st in a series of yearly updates of judicial decision summaries for case law related to elementary and secondary education issues. One can use previous and future editions to track decisions on appeal or to see trends in case law. The cases included, with a few exceptions, were selected from court decisions found in federal and…

Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

Outlines the legal authority permitting North Carolina school officials to excuse all students' attendance under a uniform policy and applies this policy to absences and early checkouts by 18-year-olds. Cites cases supporting school officials' legal duty to consider exemptions for 18-year-olds with extenuating family circumstances. Cites 37…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

Most litigation involving college students' alcohol consumption and related accidents claims negligence on the part of institutions or their agents. General trends may be predicted from past state court decisions. Colleges and universities may wish to reexamine their policies with regard to consumption of alcohol by their students. (MLF)

Supreme Courts in Texas, Kentucky, and Montana have ordered their legislatures to devise more equitable ways of distributing funds to schools. The New Jersey Supreme Court is hearing a case; and lawsuits challenging school financing systems are pending in Alaska, Connecticut, Indiana, North Dakota, Oregon, and Tennessee. (MLF)

In "Wood," a dismissed employee sued the school district, the board, and three board members for violating Washington's Open Public Meetings Act (OPMA). The Court of Appeals ruled that e-mail exchanges between board members discussing board business are "meetings" governed by OPMA. Board members should review state law with…

Discusses the political controversy over affirmative action discrimination. Broadly outlines three cases in which the Supreme Court has addressed the issue. Analyzes three lower court decisions affirming the validity of affirmative action. Examines research on race and gender role models. (MD)

The paper discusses the impact of two legal cases. In "Board versus Rowley," the Supreme Court established a three-part standard for appropriate education of students with disabilities. In "Centennial versus Commonwealth," the Pennsylvania Supreme Court held that gifted students merit an Individualized Education Program and…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Parental rights and state compulsory school attendance requirements are limited by constitutional constraints, as shown in three benchmark cases. The article also cites cases to show the impact of compulsory education laws on home schooling, which is increasing. The state retains the power to impose minimum curriculum requirements. Cites…