School Law Resources
John Dively J.D., Ed.D.
In General
Cases and Journal Articles
Statutes
Find Cases Beyond Lexis/Nexis
Departments of Education
Rules and Regulations
Miscellaneous
Recent Developments
- Student Has Miranda Rights
- Appeals Court Back District's Ban on Confederate T-shirts
- 7th Circuit Reinstates Math Teachers' Retaliation Suit
- 8th Circuit Allows Drug Dogs to Sniff Students Personal Belongings
- Federal District Court Upholds Dismissal of Guidance Counselor for Writing a Sexually Explicit "Self-Help" Book
- Federal Appellate Court Rejects Illinois Principal's First Amendment Retaliation Claim for Reporting her Predeces
- OCR issues “Dear Colleague Letter” Stating Schools Should Ensure Disabled Students Have Access to Extracurricular Activities
- Federal Appellate Court Rules that Wisconsin District is not Liable for Drowning Death of Student on Class Outing
- IL Supreme Court Denies Standing to Challenge State School Funding System--Carr v. Koch
- Consent Decree in Title IX Suit Over Disparities in Scheduling Girls' Basketball Games Sets Legal Precedent in Seventh Circuit
- Montana School District's Practice of Prohibiting Students From Stating Personal Religious Beliefs During Valedictory Address Violates Students' Free Speech Rights
- Federal Appellate Court Rules Illinois Teacher Stated Valid First Amendment Retaliation Claim Based on Filing Criminal Complaint Against Student
- Public Act 097-1104 of the Illinois School Code 105 ILCS 5/22-20
- Making Progress: Rethinking State and School District Policies Concerning
Mobile Technologies and Social Media
- Court Invalidates Backpack Search by School Resource Officer
- District Faces Liability for 'Passing' Along Bad Teacher, Court Says
- Illinois Supreme Court Rules that state law does not give laid-off tenured teachers substantive or procedural rights related to rehiring
- Lincoln Brown, Chicago Teacher, Sues for the right to say N-word in class
- New Autism Definition Could Exclude Many From Diagnosis
- Climate Change Causes Heated Battles For Science Teachers
- Case against McLean County school district heard in high court (Watch Oral Arguments)
- Illinois Law Allows Expulsion of Students for Online Threats Directed at Student or Staff
- 2011 Digest of Bills Passed
- Federal Appellate Court Rules Indiana Disrict's substantive and procedura violations of IDEA did not amount to failure to provide FAPE
- Civil Rights Office Expands Its Reach Into Schools
- Wife of Football Coach Charged In Grade Tampering
- The School Law Blog: Judge Posner on School Law and 'Spoiled Kids'
- New Jersey Administrative Law Judge Recommends Teacher Suspended for FaceBook Postings About Her Students Be Terminated
- Registration Guidelines for 2011 - 2012
- Prep Coach Resigns After Profane Rant Leaked on YouTube
- Florida Federal District Court Rules School District's Prohibition on Students Wearing T-shirts Denigrating Islam Does Not Violate Students' Constitutional Rights
- Do Civil Rights Laws Apply To Parochial Schools?
- Banana Man Suspended - To Be Expelled
- Free Banana Man
- Judge: FaceBook Limits on Teachers Likely Unconstitutional
- Thousands of Indiana Students are using tax money to attend Catholic Schools
- ACLU: Schools Can't Block GLBT Websites
- Letter to Arne Duncan--Two Teachers and a Microphone
- Florida Teacher Suspended for Anti-Gay Marriage Posts on Personal FaceBook Page
- Are Student Cell Phone Records Discoverable?
- 8th Circuit backs school after student’s threatening messages
- Judge Weighs Request to Block Indiana Voucher Program
- “True Threats” Not Protected Speech Says Eighth Circuit
- Social Screening: How Companies Are Using Social Media to Hire & Fire Employees
- Federal appellate court rules that West Virginia school district that disciplined student for off-campus online speech did not violate student’s free speech rights
- Black Student Can’t Be Valedictorian
- Dear Colleague Letter: Don’t Discriminate Against GSA Clubs
- Tennessee school district responds to ACLU Establishment Clause suite with changes to policies
- Illinois Governor signs education bills aimed at reducing student violence and improving reading skills
- Appeals Court Backs Students in Internet Parodies of Principals
- Pending Legislation Illinois June 2011
- "Dear Colleague Letter--Student Enrollment Issues"
- Opinion Filed in Appellate Court, 4th District, Jane Doe 3 vs. John White
- Oral Arguments of Jane Doe 3 vs. John White
- Appellate court allows Jon White-related suit against McLean district
- 2nd Circuit Ruling in "Douche Bag" Student Speech Case Provided Administrators with Qualified Immunity
- Federal appellate court upholds qualified immunity for police officers who searched members of high school soccer team with coach’s consent
- Equal Employment Opportunity Commission issues final rules on the Americans with Disabilities Act
- Former high school football player charges school officials exhibited cavalier attitude toward concussion
- Order - 6th Circuit Bans Confederate Flag in School--Uses Morse v. Frederick
- Argument - 6th Circuit Bans Confederate Flag in School--Uses Morse v. Frederick
- Judge Blocks School Ban on 'Boobies' Bracelets
- District 128: LHS Teacher Teaching Creationism, 'Remediable Behavior'
- Stop Bullying
- We’re All Badgers Now
- Wisconsin’s Radical Break
- School employees violated student’s constitutional right to privacy by releasing poorly-redacted psychiatric evaluation to class of 11-graders
- California trial court allows student’s free speech, unreasonable search and seizure suit to proceed against school district
- Court Backs Student-Hacker Suspect's Discipline, Mother's Firing
- Amid Protest, Florida School Stands Behind Tough New Peanut Allergy Regulations
- Students prohibited from wearing American flag T-shirts in school on Cinco de Mayo day stated valid First Amendment speech claim against school district and individual school administrators
- High Court Cases Focus on In-School Questionings
- A Citizen’s Guide to Using the Illinois Freedom of Information Act
- Atheists head for high schools with new clubs for Godless teens
- Supreme Court to hear Arizona case involving Church-State case involving tax credits Winn v. Arizona
- Title IX To Be More Strictly Enforced — OCR Letter
- In Urbana, White case resolutions cost $2.6M
- Facebook gripes protected by free speech, ruling says
- Palmer v. Waxahachie...Student Cannot Wear Shirt with Text of First Amendment On It...only in Texas
- J.C. v. Beverly Hills S.D. — Off-Campus You Tube Posting Punishable
- School Safety Drill Act
- Guidelines for Interviews of Students at School by Law Enforcement Authorities
- District Not Liable for 'Passing the Trash,' Court Rules
- Freedom of Information Act FAQs
- Supreme Court rejects case of valedictorian who mentioned Jesus
- ACLU lawsuit over teens' racy pics on Internet site shakes up sleepy town
- PA 96-0099 (105 ILCS 5/27-3.5) New Medal of Honor Video Required in American History Classes
- New Freedom of Information Act
- Administrators Violate Court Order Regarding School Prayer — May Go To Jail
- Supreme Court Decision — Safford v. Redding: School's Strip Search of 13-year-old Savana Redding is unconstitutional because the facts did not give school officials reasonable suspicion to search her underwear. Decided June 25, 2009
- Ill. App. Ct. Speed v. Warning — Non-renewed Teacher Reinstated
- After IELRB and Ct. determine her termination was in retaliation for excercising rights to have a union rep present at remedial evaluation meetings
- US SCT Decision On Special Education: Forest Grove School District v. T.A.
- IDEA authorizes reimbursement for private special-education services when a public school fails to provide a FAPE and the private school placement is appropriate, regardless of whether the child previously received special-education services through the public school.
- Trio Sues Seattle School District Over Math Textbooks
- Why Legal Literacy for Teachers is Important — NASB Insider Edition
- FERPA, FOIA at Center of University of Illinois Admissions Scandal
- "Communist" Teachers Purged from NYC School District
- SB 189 Freedom of Information Act Legislation Analysis
- New Jersey Fed Dist. Court Rules that Dogs Sniffing Students Personal Items is Constitutional
- News Article Analyzing J.S. and Layshock Cases...Student Fake Website Parodies of School Personnel
- Science Teacher Fired for Preaching in Class Sues Ohio District : Complaint
- Freedom of Information Act
- Stern v. Wheaton-Warrenville Community Unit School District 200, No. 107139 (May 21, 2009)
- School superintendent's employment contract, even when physically located in his personnel file, does not qualify under any exclusion pursuant to the Freedom of Information Act, and must be disclosed. However, contrary to opinion of Appellate Court, the only information that should be redacted from disclosure is the private information of the Superintendent, such as his social security or bank account numbers, which, if disclosed, would constitute an invasion of his personal privacy.
- Read more...
- U.S. 3rd Circuit Court of Appeals, June 01, 2009
- Busch v. Marple Newtown Sch. Dist. , No. 07-2967
- In a free speech, establishment, and equal protection action, district court judgment in favor of school district is affirmed where: 1) the school's restriction of the parent&'s speech in a presentation to an elementary school classroom was not unreasonable, as educators may appropriately restrict forms of expression in elementary school classrooms to preserve the school's educational goals, and parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult's reading of religious texts; and 2) the school's actions do not violate the Establishment Clause, as they were motivated by a permissible purpose to comply with the Establishment Clause, they do not evidence hostility toward plaintiff's faith, and they are not excessively entangled with religion.
- Read more...
- Lucero v. Nettle Creek Sch. Corp., No. 08-2943
- In an employment discrimination and retaliation action, district court grant of summary judgment for district is affirmed where: 1) the court properly ruled in favor of defendant on plaintiff's retaliation claims, as no reasonable employee would see plaintiff's teaching reassignment as a materially adverse employment action; 2) plaintiff's employment discrimination claims fail, as she has not submitted evidence to show a materially adverse employment action resulting from the alleged discrimination; 3) plaintiff's allegations of hostile work environment fail as a matter of law, and under both Title VII and Title IX she cannot establish a prima facie case of harassment; and 4) plaintiff did not demonstrate a genuine dispute of material fact as to any of her claims that defendant breached the collective bargaining agreement.
- Read more...
- U.S. 10th Circuit Court of Appeals, May 29, 2009
- Corder v. Lewis Palmer Sch. Dist. No. 38, No. 08-1293
- In a First Amendment challenge to Defendant school district's discipline of Plaintiff based on religious-themed remarks she made in a graduation speech, judgment on the pleadings for Defendant is affirmed, where the action was moot because Plaintiff graduated from high school and was unlikely to be subjected to further discipline.
- Read more...
- Confimation Page for Sonia Sotomayor
- Federal Report: Legalities of Seclusion and Restraint
