Analyzes free-speech challenge to school district's guidelines for acceptable expressions on ceramic tiles painted by Columbine High School students to express their feelings about the massacre. Tenth Circuit found that tile painting constituted school-sponsored speech and thus district had the constitutional authority under "Hazelwood School…

Discusses 2001 U.S. Supreme Court decision in "Gonzaga University v. Doe" wherein the Court held that because Family Educational Rights and Privacy Act (FERPA) does not create federal privacy rights, students and parents cannot sue educational institutions under Section 1983 seeking damages for FERPA violations. Nevertheless, educational…

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)

Jerry Cammarata's poignant article provides a valuable opportunity to discuss the Supreme Court's wisdom in prohibiting nondenominational prayer in public schools in 1962 ("Engel v. Vitale") and to review current case law. The Constitution permits prayer chosen and spoken privately by a student, supported by family, friends, and clergy.…

In a case from Oklahoma-"Falvo v. Owasso Independent School District," the 10th Circuit Court of Appeals ruled that the Family Rights and Privacy Act (FERPA) prohibits the practice of directing students to grade one another's assignments. Students are not education professionals; only teachers should grade student work. (MLH)

The Ninth Circuit Court's decision upholding the Madison School District's policy allowing students to speak (and pray) at graduation ceremonies is correct. So long as students are selected by religiously neutral criteria (class rank) and can speak on any topic, the Free Speech Clause should protect that student's expression. (MLH)

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)

In a Georgia case involving a strip-searched class of fifth- graders to locate some missing money ($26), a Federal Court judge concluded the searches were unreasonable. Although students won the constitutionality battle, they lost the war over liability and injunctive relief in a subsequent decision. (MLH)

In a Sixth Circuit Court decision, Judge Harry Welford concluded that the First Amendment did not prohibit an Ohio school district from banning Marilyn Manson T-shirts under the district's constitutional authority to regulate student speech (disruptive behavior) that conflicts with its basic educational mission. (MLH)

In its "stare decisis" ruling upholding a Pennsylvania school district's random drug-testing policy, a three-judge panel of the Seventh Circuit Court of Appeals nonetheless declared its disagreement with a similar panel's 1998 decision upholding another district's policy of random, suspicionless drug, alcohol, and tobacco testing. (MLH)

Analyzes federal case involving suspension of New Jersey high school student for wearing a T-shirt listing top 10 reasons for being a "redneck" in violation of district's racial harassment policy. Court upheld the policy with a minor exception, but ruled its application to the student's "redneck" T-shirt violated his First…

The Good News Club sued the Milford (New York) Public Schools in federal district court for prohibiting the group from meeting on school grounds. Judge McVoy dismissed the case; the club's weekly meetings did not fit the category of secular youth group meetings allowed in the district's limited public forum. (MLH)

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…