In an Oklahoma case, absence of a documented drug problem among students in nonathletic extracurricular activities led the10th Circuit Court to strike down the district's policy as unreasonable and unconstitutional. Imposing random, suspicionless drug-testing policies for all students attending school might violate the Fourth Amendment. (MLH)

Chapter 11 of a book on school law highlights the legal context of extracurricular activities in relationship to sex discrimination. First, the legal issues raised by Title IX of the Education Amendments of 1972 are examined. In general, this statute, with limited exceptions, requires that extracurricular activities be open to students without…

Recent court decisions on student religious groups and the Equal Access Act passed by Congress conflict on interpretation of the Constitution. Until a Supreme Court decision resolves the issues, school boards in jurisdictions affected by the decisions should obey the rulings; others should get legal advice. (MD)

The article addresses the right of disabled students to participate in physical education and extracurricular activities, particularly as mandated by P.L. 94-142 (Education for All Handicapped Children Act) and P.L. 93-112 (Section 504 of the Rehabilitation Act of 1973). Specific sections of the legislation are cited. (SBH)

Conflicting opinions between two circuit court decisions set the stage for another consideration of school officials' discretion in deciding whether the Equal Access Act would apply to their schools based on the presence or absence of a limited open forum. (MLF)

In an effort to protect themselves against lawsuits because of student injuries, schools have requested parents to sign exculpatory documents for extracurricular activities and consent forms for athletic activities. Reviews state and federal court decisions and the seven issues the courts consider. Provides a sample release form and caveats for…

This transcript of an oral presentation reviews a Kansas Supreme Court decision concerning supplemental contracts (the Hachiya decision), which held that coaching is always performed under a supplemental contract no matter when the assignment occurs. Four previous decisions regarding coaching and contracts are discussed: (1) Smith v Board of…

In accordance with Illinois state legislation passed in 1975, this pamphlet provides guidelines for the development of school policies that reflect sex equity. The guide provides definitions of relevant terms as well as standards for administrative policies, admissions, employment, programming, classroom practices, extracurricular activities, and…

The conflict between the Equal Access Act's admonitions and the judiciary's interpretations has created an unresolved dilemma for districts confronting the equal access issue. Responses from 129 New York State secondary school principals and 479 superintendents nationwide indicate uncertainty regarding the legality of equal access policies and/or…

The Texas Supreme Court ruled that students' rights to participate in extracurricular activities were not on the same level as rights to free speech and found that the state law barring failing students from extracurricular activities was rationally related to a legitimate state interest in educational quality. (PGD)

Analysis of the U.S. Supreme Court's recent decision in "Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls," wherein the Court held that random drug testing of students taking part in extracurricular activities is constitutional. (PKP)

A college student was seriously injured in an automobile accident following an off-campus picnic where beer was consumed. The court of appeals absolved the college of liability. Argues that the judgment was in error and that the university-student relationship was a special relationship giving rise to a duty of care. (MLF)

Traces legislative history of the Equal Access Act of 1984 and the United States Supreme Court Justices' reasoning in the "Mergens" decision. At least six justices seem to agree that the proper Establishment Clause doctrine is that government can accommodate religion so long as its accommodation is neutral. (MLF)

Discusses how numerous legal sources (Constitutional, federal, state, local, and common law) affect everyday public school operations. Fields 10 questions regarding written and legally sound rules, common rules for district schools, board approval of club bylaws and activities, "in loco parentis," legal image, employee assignments,…

Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)