Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

Purpose: This article examines the role social science has played in litigation involving public single-sex educational programs. It also explores a body of social science research related to gender and education that we believe could assist the courts and school leaders in better examining the possibilities and the limitations of single-sex…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Gary Armstrong, assistant principal, is faced with a delicate situation. The elementary school recently enrolled a transgender student, and the principal, Amy Lamar, is resistant to considering the student's unique needs. This case was developed for use in a leadership course. Instructors can use the case to encourage dialogue around legal…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…

The women's movement has helped define and has in turn been shaped by the basic constitutional concepts of the privileges of a citizen, the equal protection of the laws and the limited powers of the government. (Author)

Discusses discrimination on the basis of sex in public and private school athletics. Writer concludes that such discrimination is violative of Fourteenth Amendment guarantees but also of the provisions within Title IX of the Education Amendments of 1972.

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

Effects of the Fourteenth Amendment in sex discrimination cases are examined with focus on the standard of review--strict scrutiny, rational relationship, or something in between. Early challenges and judicial attitudes, growing use of the equal protection clause, maternity benefits (Title VII vs. the Constitution), and 1974-75 Supreme Court…

This serial issue concerns itself with several conflicts between individual rights and allegedly wrongful acts that the Supreme Court has not considered previously. The articles on these topics illuminate the constitutional issues of equal protection, due process, and freedom of expression. Specific issues addressed include: (1) equal educational…

In Kahn v. Shevin the Supreme Court upheld a Florida Supreme Court ruling that a state tax exemption for widows was not in violation of the Fourteenth Amendment. The author discusses this and earlier sex discrimination cases, holding that a strict scrutiny test in such cases would promote equality of the sexes. (JT)

Provides brief review of single-gender programs in public elementary and secondary schools; discusses Equal Protection Clause of 14th Amendment and Title IX; analyzes the legality of single-gender programs; highlights several policy issues regarding the constitutionality of such programs. (Contains 2 tables and 42 references.)(PKP)