An attorney specializing in school law reviews the Supreme Court Justice nomination process as it related to the nomination of Judge Robert Bork. (MD)

Reflects on 18 years' worth of school law columns. Many of the author's predictions have proved accurate, such as forecasts that legislation to assist handicapped students would produce an unprecedented flood of litigation; that minimum competency testing would stand the tests of time and the courts; and that school districts should avoid…

A recent state appellate court decision, "Commonwealth of Pennsylvania versus Cass," suggests that careless or misguided handling of drug searches (especially random drug-sniffing searches) will not hold up in court. Unless advance warnings are provided, administrators should conduct only narrowly focused searches that satisfy…

Discusses three cases involving the dismissal of untenured school employees who, although not covered by extensive formal due process requirements, have sought reinstatement or damages on the basis of alleged violation of their constitutional rights. (MLF)

To avoid expensive and time-consuming negligence suits, schools everywhere should take thorough precautions against assaults on or near their premises; measures against unauthorized visitors are particulary important. School staff should register and monitor authorized visitors, and strangers in or near the school should be reported immediately.…

Senior class high jinks can be amusing until someone gets hurt and the school district is sued. That's what happened when three seniors concocted an explosive smoke bomb that unintentionally injured several girls holding a yearbook party nearby. Since the prank was considered a misdemeanor, the district was liable for $12,500 and suffered lots of…

A recent United States Supreme Court ruling requires that school staff with contagious diseases be treated like other handicapped employees who may be "otherwise qualified" to continue work under reasonable accommodation. Compulsory education laws are facing court challenges in several states, as parents seek more flexibility in…

The privacy aspect of e-mail is a touchy subject. "Erased" computer files can easily be restored with simple software. Some public agencies are required to retain backup files on computer data and information. E-mail might also be subject to freedom-of-information access, depending how a "record" or "document" is defined. Also, e-mail exchanges…

Summarizes several U.S. Supreme Court actions, including decisions to review a North Dakota case concerning fees for rural bus students and a Florida case involving differential contributions and benefits for male and female employees. The Court refused to hear certain cases involving school consolidation (Kansas City), mainstreaming of retarded…

Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…

The New Jersey law permitting a period of silence in schools was struck down by a federal court judge who held that the law was intended to circumvent the proscription against government entanglement in religion. The New York Supreme Court has upheld the competency test for obtaining high school diplomas. (MLF)

The Supreme Court's "Mueller v. Allen" decision accepts the constitutionality of Minnesota's tuition tax deduction law and weakens the public schools' monopoly on public financial support. (MLF)

Summarizes three current issues in school law, including school district suits over potentially carcinogenic asbestos insulation, a California judge's finding that captionless educational television discriminates against hearing-impaired students, and the federal government's attempt to keep the Fairfax (Virginia) school system from charging…

In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school officials have final prepublication review over the contents of public school newspapers. This decision can be a victory for would-be journalists if students and educators alike can better define the standards and boundaries of responsible journalism. (MLF)

The Supreme Court has resolved an issue involving public employees' due process rights. Before dismissing an employee, school administrators must (1) give the employee a clear list of the grounds for the decision, (2) explain the basis for each charge, and (3) give the employee a chance to respond. (MLF)