Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

Questions arise about the constitutionality of including some form of prayer, usually an invocation or benediction, in public school graduation ceremonies, and whether such prayer can appropriately be delivered by a minister or other religious leader. The U. S. Supreme Court has not addressed this precise issue, but an analysis of other courts'…

Reviews court decisions of 1995 concerning issues of immunity for colleges and universities. The 11th Amendment expressly bars suits against states by citizens of other states. Eleventh Amendment immunity and qualified immunity under federal law and developments in state courts are considered. Although 11th Amendment immunity doctrines appear…

Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)

Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…

Discusses legal issues concerning the First Amendment rights of Amish and Mennonite students and parents. Focuses on court decisions that upheld their rights of religious liberty and reviews the origins of their beliefs. Contends that most of the government decisions regarding religion and education reflect a fundamental respect for the religious…

This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)

Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

Reviews 1995 case law concerning discrimination against college students, in which legal analysis often resembles that of employment discrimination cases but has subtle twists in application and may involve constitutional issues. Cases discussed touch issues of racial discrimination, gender discrimination (systemic and against individuals), and…

This chapter of "Principles of School Business Management" explores the legal context in which school business officials and other school administrators operate. The chapter considers the legal sources for the power and authority of the district and its administrators and also examines the legal process as it affects schools and the performance of…

Reviewed in this chapter are decisions handed down in 1982 involving aspects of collective bargaining. Much of this litigation is perceived as rooted in attempts by school boards to upset awards of arbitrators or by efforts of employees' associations to consolidate dearly-won power; these actions result from many boards' and associations'…

Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…