Because of federal legislation and entitlement programs, increasing numbers of medically fragile and/or technologically assisted children attend public schools. Addresses the legal obligations of schools to provide the technology and the impact of assistive technology on current special education programming. (MLF)

Predictions of death for educational malpractice may be premature. A shift in legal reasoning by the California Supreme Court and the Los Angeles School District's educational guarantee policy might influence future courts to look more favorably upon the claims of educationally impaired plaintiffs. (MLF)

Schools and school personnel have moral and ethical responsibilities to take reasonable action to prevent suicides by students. Liability could be imposed if school personnel had knowledge of a student's suicidal intent and failed to take action based on that knowledge. (75 footnotes) (MLF)

The role of the college or university attorney is vital to the integrity and management of the institution. The attorney is expert in a unique field of decisional, statutory, and regulatory law that recognizes the nature of the university's governance structure and its special mission in society. (30 footnotes) (MLF)

Reviews federal cases that have considered whether school districts have an affirmative constitutional duty to protect school children. Research findings suggest that school children may be as helpless as prisoners when it comes to defending themselves from sexual abuse by school employees. (MLF)

Examines the current inconsistency between the jurisdictions concerning peer sexual harassment and proposes a standard by which future cases should be judged. Reviews three cases: (1) "Aurelia D. versus Monroe County Board of Education"; (2) "Doe versus Petaluma City School District"; and (3) "Doe versus Taylor Independent…

A comprehensive risk-management program associated with athletic activities contains the following essential components: (1) policies and procedures; (2) training; (3) supervision; (4) corrective action; (5) review and revision; (6) legal counsel and support. Action steps follow each of these major areas. (29 case references) (MLF)

A sampling of court cases illustrates situations in which the courts have extended the Reasonable Accommodation Standard into educational programming decisions. Addresses four topics: (1) admission, eligibility for services; (2) provision of supportive services; (3) program standards; and (4) behavioral standards. (59 footnotes) (MLF)

Before electing to utilize metal-detection devices for random weapons searches of students, school districts should be prepared for the possibility of having to litigate the legality of their policies. Reviews the limited case law on the subject, and offers recommendations to districts that decide to proceed with the development of such a policy.…

Reviews the litigation in the area of students victimized by other students. Most schools do not possess the resources to constantly monitor the actions of their students, and the courts apparently believe that to impose liability against school districts under these circumstances would be unreasonable. (MLF)

Court decisions in suits by student victims against the school district employers and superiors of student molesters present a confusing mix of tort liability theories and court reactions. Examines case development under civil rights statutes; reports on the latest Supreme Court decision under Title IX; and comments on the cumulative effect of…

Ruling in "Franklin," the Supreme Court found in favor of a high school student who alleged that she had been subjected to sexual harassment in violation of Title IX of the Educational Amendments of 1972. Inquires about the nature and scope of damages available under Title IX. Concludes with policy considerations for administrators. (MLF)

Although courts have been supportive of efforts by school districts to dismiss sexually abusive employees, they have not been as receptive to claims that abused students should be compensated. Offers measures school districts should take in investigating applicants prior to employment and in investigating complaints after employment. (MLF)

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

Educational malpractice suits represent an attempt to apply tort law to educational outcomes to redress a student's knowledge deficiencies. Following a review of the fundamentals and the judicial treatment, an argument is set forth for recognition of educational malpractice as a cause of action; allowing such claims may help improve the public…