Supreme Court approves expansive random drug testing of studentsBy Steve RittenmeyerEducation Law, November 2002In one of its final decisions of the 2002 term, the U.S. Supreme Court, by a 5-4 majority, found constitutional a public school district program compelling all students who participate in any extracurricular activity to submit to a wide range of drug screening procedures, including random testing
Planning for higher education expensesBy Kenneth R. EathingtonAgricultural Law, September 2002Paying higher education expenses can be a daunting task. Recent changes in the tax laws provide increased incentives for saving for higher education, as well as tax breaks to help offset some of the costs when you pay the expenses.
Legislative summaryEducation Law, July 2002An initiative of The American Jewish Committee's Chicago Chapter, the bill provides that, beginning with the 2002-2003 school year, public elementary and secondary schools may incorporate activities to address intergroup conflict, with the objectives of improving intergroup relations on and beyond the school campus, defusing intergroup tensions, and promoting peaceful resolution of conflict.
School referenda: 61 pecent pass, 39 percent fail— March 19, 2002By Marcy DuttonEducation Law, May 2002Results of the March 19 referenda on questions to raise school district tax rates and to issue bonds reveal that 69 of the 114 questions, or 61 percent, were successful and that 45 or 39 percent of the questions were defeated.
Teacher certification and the implications of the Corey H. decisionBy Michael J. HernandezEducation Law, May 2002The 2000/2001 school term marked the first full year of implementation for Public Act 91-102, 105 ILCS 5/21-14, also known as the "Teacher Certificate Renewal Law."
Case notesBy William Bradley Colwell & Chris MattocksEducation Law, April 2002On May 29, 2001, the United States Supreme Court further defined what constitutes a "prevailing party" under federal law for the purposes of collecting attorney fees.
National teacher certificationBy William CrawfordEducation Law, April 2002The National Board of Professional Teaching Standards was created in 1987 after the Carnegie Forum on Education and the Economy's Task Force on Teaching as a Profession released, A Nation Prepared: Teachers for the 21st Century.
Anti-harassment policies should include disability-based harassmentEducation Law, June 2001The federal courts of appeals for the Fourth and Fifth Circuits recently ruled that the Americans with Disabilities Act (ADA) prohibits harassment because of an individual's disability.
Breathalyzer testing of students before school eventsBy Thomas E. Wheeler, II & Naomi GittinsEducation Law, June 2001Can schools require students to submit to breathalyzers as a condition of attending school events?
Children’s Internet Protection Act requires schools to filterEducation Law, June 2001On December 21, 2000 the Children's Internet Protection Act became law. Included as part of the Consolidated Appropriations Act, 2001, P.L. 106-554, the law requires school districts to adopt Internet safety policies as a condition of receiving funds under the Elementary and Secondary Education Act (20 U.S. C. § 7001) or universal service discounts under section 254 of the Communications Act of 1934 (47 U.S.C. § 254.) The act takes effect on April 20, 2001.
Discipline of children with disabilitiesEducation Law, June 2001As the school year nears its end, school officials must continue to deal with student disciplinary issues.
Implementation of the Teacher Certificate Renewal LawEducation Law, June 2001Public Act 91-102, 105 ILCS 5/21-14, requires continuing education/professional development for certificated public school teachers throughout Illinois as a prerequisite for renewal of their certificates.
School had broad authority to control its own speechEducation Law, June 2001Governmental employers have limited authority to regulate the speech of public employees when that speech concerns matters of public interest.
School uniform policy withstands constitutional challengeEducation Law, June 2001The United States Court of Appeals for the Fifth Circuit recently upheld a constitutional challenge to a Louisiana school district's policy requiring students to wear uniforms.
Immigration alert for school attorneysBy Michael R. LiedEducation Law, January 2001Many attorneys represent school districts that operate public elementary, secondary or publicly funded adult education programs.
Athletic participationEducation Law, June 2000A learning disabled student challenged Indiana High School Athletic Association's ("IHSA") rule that limits a student's athletic eligibility to the first eight semesters following the student's commencement of the ninth grade.
Employee drug testingEducation Law, June 2000On October 4, 1999, the United States Supreme Court declined to review a decision of the Sixth Circuit Court of Appeals upholding suspicionless drug testing of public school teachers in certain circumstances.
Fair Labor Standards Act— athletic trainersEducation Law, June 2000The Court of Appeals for the Fifth Circuit ruled that athletic trainers are covered under the professional exemption from overtime requirements of the Fair Labor Standards Act ("FLSA").
FinanceEducation Law, June 2000Illinois "cash basis" school districts do not violate §17-1 of The School Code by adopting their tax levy in any given year before adopting a budget for the next ensuing fiscal year.
Immunity from suit—personal injuryEducation Law, June 2000The Illinois Appellate Court, Second District, affirmed a Lake County judge's dismissal of a personal injury claim against the Special Education District of Lake County (SEDOL") on the grounds of tort immunity.
