Early federal court decisions in school desegregation placed little emphasis on public school facilities. Those early decisions focused primarily on requiring black and white students to attend the same schools and requiring the integration of teachers. What does the literature say about the relationship between student achievement and educational…

In what may come to rank as one of its most significant cases on religious freedom, "Christian Legal Society v. Martinez" (2010), the Supreme Court affirmed an order of the Ninth Circuit upholding a policy at a public law school in California that required recognized student clubs to admit "all comers" even if they disagreed with organizational…

Virtually every state has a stature entitling public access to meetings of governing bodies, including school boards. The exchange of information between the district and the public is governed by a variety of statutes. These statutes reflect a policy whereby the business of school boards is to be transparent and exposed to public scrutiny. Three…

School business managers are in the unique position of supervising the areas of the operation that present the greatest opportunities for legal issues to arise. New construction and renovation projects are strewn with legal land mines. The possibility of lawsuits hovers like a black cloud over personnel issues. Opportunities for transportation or…

Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

Debate continues over the place of religious expression, including music, in public schools. In "Nurre v. Whitehead" (2009), a high school senior in Washington sued the superintendent for denying the wind ensemble that she was part of the opportunity to perform an instrumental version of "Ave Maria" at her commencement ceremony due to its…

For public school districts, risk financing is the financial outlay associated with litigation, such as settlements, verdicts, and the cost of legal defense. Even when districts purchase insurance to finance risk, a viable risk transfer program can still benefit districts in different ways: (1) Liability policies are generally experience-rated;…

A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

This article discusses the steady stream of litigation that emerged shortly after the Pledge of Allegiance was introduced in 1892. The constitutionality of requiring students to take part in its daily recitation in schools continues to be challenged. Parents who objected to the statute and the words "under God" in the pledge filed suit, alleging…

Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate…

In the vast majority of school districts, the collective-bargaining process has evolved little during the past few decades. Teachers unions have successfully represented teachers' economic and job security interests by linking them to collective bargaining and procedural due process rights, but district administrators continue to make the…

The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…

In most school systems in the United States, interscholastic sporting events and other extracurricular activities help bring people together while enhancing opportunities for students to become integral parts of their communities. Because of the important role that extracurricular activities, especially sports, play in the lives of students,…

The U.S. Supreme Court's recent decisions in cases involving school districts in Seattle, Washington, and Louisville, Kentucky, seem to indicate that the United States is moving away from diversity in its public schools. In "Parents Involved in Community Schools v. Seattle School District No. 1" (2007) and "Meredith v. Jefferson…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…