Discusses Oklahoma case ("Owasso Independent School District No. 1-001 v. Falvo") wherein the Supreme Court ruled unanimously in February 2002 that peer grading did not violate the Family Education Rights and Privacy Act (FERPA). (PKP)

Previous "School Law" columns discussed developments under Title IX (Educational Amendments of 1970), noting a trend among federal courts to apply Title IX's prohibition against sexual harassment to peer and employee-to-student sexual harassment. A recent Ninth Circuit Court of Appeals decision against the Santa Rosa City School District…

Discusses the implications of "Niziol," a case in which a Florida high school student was killed in the school parking lot when his gun accidentally discharged. The parents sued the school board in federal district court. The magistrate dismissed all the federal law claims, though she postponed her decision on the state law claims. (MLF)

Although the U.S. Supreme Court allows students to sue districts (under Title IX) over teacher-student harassment, federal courts have split over peer harassment. In "Davis v. Monroe County Board of Education" (1999), the Supreme Court ruled that students can sue districts for inadequate responses to reported peer sexual harassment. (MLH)

Discusses a Pennsylvania case to determine whether a school district is liable for monetary damages involving a teacher's sexual abuse of a student. The case turns on the meaning of "appropriate person" under the U.S. Supreme Court's Title IX analysis. (PKP)

Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

The 4th Circuit's decision in "Hartman v Loudoun County Board of Education," involving the placement of an 11-year-old autistic child, teaches important lessons about the Individuals with Disabilities Education Act: mainstreaming is a strong preference, not an unyielding requirement; and if educators make active and careful efforts to…

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…

In "Kimel v. Florida Board of Regents," the U.S. Supreme Court did not entirely strike down application of the federal Age Discrimination in Employment Act (1967) to state and local government agencies. The Court would probably permit some types of lawsuits in federal and state courts to enforce the ADEA against school districts. (MLH)

Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)

Pressured by religious conservatives, Congress passed the Equal Access Act (1984), allowing secondary school students the right to form on-campus extracurricular religious and other clubs. Recently, a Gay-Straight Alliance Club at a southern California high school was granted court protection under this statute, despite the community's objections.…

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

A federal district judge dismissed a suit brought by two students against a high-school principal who found marijuana in their hotel room on a senior class trip. Although the Fourth Amendment governs searches of students by school employees, employees need not have probable cause for a "reasonable" search. (MLH)