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Trends and Issues: School Law

Discussion Links References Resources

Recent School Law Cases

Agostini v. Felton, 521 U.S. 203 (1997).

Adler v. Duval County School Bd., 206 F.3d 1070 (11th Cir. 2000), cert. denied (Dec. 10, 2001).

Board of Education of Independent School Dist. 92 of Pottawatomie County v. Earls, 242 F.3d 1264 (10th Cir. 2001), cert. granted (Nov. 8, 2001).

Board of Education of Westside Community Schools v. Mergens, 496 U.S. 226 (1990).

Cedar Rapids Community School District v. Garrett F., 119 S.Ct. 992 (1999).

Committee for Public Education v. Nyquist, 413 U.S. 756 (1973).

Davis v. Monroe County Board of Education, 120 F.3d. 1390 (11th Cir. 1997), rev’d, 526 U.S. 629 (1999).

Falvo v. Owasso Independent School Dist., 233 F.3d 1203 (10th Cir. 2000), cert. granted (June 25, 2001).

Franklin v. Gwinnett County Public Schools, 112 S. Ct. 1028 (1992).

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998).

Good News/Good Sports Club v. School District of the City of Ladue, 28 F.3d 1501 (8th Cir. 1994).

Good News Club v. Milford Central School, 202 F.3d 502 (2nd Cir.), rev’d, 533 U.S. 98 (2001).

Hedges v. Wauconda Community School District, 9 F.3d 1295 (7th Cir. 1993).

Irving Independent School Dist. v. Tatro, 468 U.S. 883 (1984).

Lamb’s Chapel v. Center Moriches Union Free School District, 508 U.S. 384 (1993).

Lee v. Weisman, 505 U.S. 577 (1992).

Lemon v. Kurtzman, 403 U.S. 602 (1971).

Mitchell v. Helms, 151 F.3d 347, rev’d, 120 S.Ct. 2530 (2000).

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Santa Fe Independent School Dist. v. Doe, 120 S.Ct. 2266 (2000).

Simmons-Harris v. Zelman, 234 F.3d 945 (6th Cir. 2000), cert. granted (Sept. 25, 2001).

Vernonia School Dist. 47J v. Acton, 515 U.S. 646 (1995).

Widmar v. Vincent, 454 U.S. 263 (1981).

Articles

Bell, Andrea. "Supreme Court Year in Review." Principal Leadership 1, 1 (September 2000): 79-80.

Brady, Kevin P. "Zero Tolerance or (In)Tolerance Policies? Due Process and the Law of Student Suspensions and Expulsions: An Examination of Fuller v. Decatur Public School Board of Education School District 61." Education Law Association, Winter Seminar 2001.

Burnick, Corrine L. & Littlefield, Anne H., Esq., "Hot Topics in Education Law: The Debate Over Prayer at Graduation and Public Funding of Religious Schools." School Business Affairs 67, 1 (January 2001): 21-27.

Cases in Point. Supreme Court Update. Reston, Virginia: National Association of Secondary School Principals, September 1998.

DeMitchell, Todd A. "Sexual Abuse of Students: Actual Notice and Deliberate Indifference. The Supreme Court’s Title IX Standard for School District Liability." International Journal of Educational Reform 7, 4 (October 1998).

Dinger, Daniel R. "Johnny Saw My Test Score, So I’m Suing My Teacher: Falvo v. Owasso Independent School District, Peer Grading, and a Student’s Right to Privacy under the Family Education Rights and Privacy Act." Journal of Law and Education 30, 4 (October 2001): 575-627.

Doty, David S., and David J. Sperry. "I Disapprove of What You Say, But I Will Defend Your Right to Say It: The Future of Student Speech Under the Equal Access Act Ten Years After Mergens." In Legal Issues in Educational Practice: Challenges and Opportunities in the 21st Century, 2000 Conference Papers, Education Law Association 46th Annual Convention, November 2000, 11-34.

Eskelsen, Jon. "How Random and Suspicionless May School Searches Be: Doubting Joy v. Penn-Harris-Madison School Corporation." Education Law Association, Winter Seminar 2001.

Mawdsley, Ralph D. "The Principal and Religious Activity." The Law and the Principal 535113(1998): 10-17.

Osborne Jr., Allan G. "Governing Discipline Under the 1997 IDEA." School Business Affairs 64, 8 (August 1998): 21-24. EJ 571 751.

Russo, Charles J., and Jacqueline A. Stefkovich. "Search and Seizure in the Schools." The Law and the Principal 535115 (1998): 26-33.

Slowinski, Joseph. "Practical Guide to Church and State Issues Involving Public Education." 13 pages. 1998. ED 420 921.

Trotter, Andrew. "Schools Await Fallout From Copyright Law." Education Week 18, 10 (November 4, 1998):17-20.

Walsh, Mark. "High Court Rejects Two Appeals on Religion in Schools." Education Week 17, 42 (July 8, 1998): 27-28.

__________. "Religious Schools Welcome Back On-Site Title I Services." Education Week 17, 41(June 24, 1998): 8-9.

__________. "Riley Restates Rules Against Harassment." Education Week 17, 42 (July 8, 1998): 1, 30-31.

__________. "Ruling in La. Limits Aid for Religious Schools." Education Week 18, 1 (September 8, 1998).

Other:

Digital Millennium Copyright Act information available through U.S. Office of Copyright homepage, http://www.loc.gov/copyright.

Family Education Rights and Privacy Act, 20 U.S.C. §1232g (2000) ("educational records" provision).

Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX (Jan. 2001), available at http://www.ed.gov/offices/OCR/shguide.

Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §1681, et seq. (2000).

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