A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

Courts have long held that public school teachers are "state actors" when they carry out the duties of their job. Despite this, very few teacher preparation programs include an education law class. In order to understand teachers' legal literacy, a survey was given to 300 public school teachers in Indiana. The survey assessed knowledge…

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) U.S. Supreme Court Hears Religious School Case; (2) ESEA Bill Would Exclude Private Schools from BRS Program; (3) Duncan Dialogues with…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Supreme Court Issues 9-0 Ruling in Religious School Case; (2) White House Honors Champions of Change; and (3) CAPE Notes.

Passed in 2000, the Children's Internet Protection Act (CIPA) mandates Internet filtering for all public schools and libraries. Challenges to the law have been raised on constitutional grounds by free-speech advocates such as the American Library Association and the American Civil Liberties Union. After losing one such challenge in district court,…

Religion plays an important role in social studies content and is difficult to ignore, especially because of current world events. In our global society, it is more important than ever to know about and understand the religious beliefs of others. The social studies curriculum is infused with religion, but teachers circumvent the issue, mistakenly…

Winter 2007 marked an episode of high anxiety in the library science profession, when the latest Newbery winner, "The Higher Power of Lucky," triggered discussion about words and their suitability for young readers. It seems that the entire world now knows that the word "scrotum" appears on the first page of the book. School…

In "City of Boerne v. Flores, Archbishop of San Antonio," the U.S. Supreme Court struck down the 1993 Religious Freedom Restoration Act. RFRA was not intended to overrule a 1990 Supreme Court decision forbidding use of peyote in Native American religious ceremonies, but to "enforce" 14th-Amendment free-exercise rights. The…

The 1982 Supreme Court decision in "Pico v. Island Trees Union Free School District" occasioned an ideological war over interpretation of the First Amendment, but a review indicates that it is an additional case in the long-standing attempt to find the proper balance between the amendment and the efficiencies of government. In…

Discusses the extent to which public recreation programs can regulate attire which many people might consider offensive, noting that the U.S. Supreme Court states that school boards have the authority to decide what constitutes appropriate behavior and dress in public schools. One case involving a student who wanted to wear a Marilyn Manson…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

Analyzes the private school choice debate through a review of the political and judicial history of efforts to provide private schools and their patrons with forms of public aid. It is predicted that a federal tax credit or tuition plan is not likely to succeed in Congress. (SLD)