Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

Freedom of association is a fundamental right guaranteed by the first amendment. This encompasses the right of individuals to voluntarily join and leave groups, as well as the right of individuals to form groups to pursue common interests. This right makes it possible for people with diverse opinions to live peacefully in pluralistic communities…

This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)

By considering the historical background, relevant court decisions, constitutional alternatives, and practical and political implications, this paper examines the legal issues surrounding proposals calling for prayer, Bible reading, or posting of the Ten Commandments in public schools. Historically, the secularization of public schools occurred…

This article describes the law-related education (LRE) programs instituted by the United States Department of Justice Office of Juvenile Justice and Delinquency Prevention (OJJDP). By linking legal and constitutional matters to everyday life, the programs aim to bring alive for elementary through high school students legal statutes that often…

This collection of research findings by several organizations quantifies public ignorance of the U.S. Constitution and the success of the "We the People...The Citizen and the Constitution Program" in addressing the problem. Surveys by the American Bar Association, the Hearst Corporation, the National Assessment of Education Progress, the…

This hearing contains testimony presented at a hearing conducted to investigate the legality of the President's early termination of the appointments of three members of the National Commission on Libraries and Information Science (NCLIS). On September 21, 1981, three NCLIS commissioners, Clara Jones, Frances Naftalin, and Joan Gross, received…

When considering student expulsion, it is important to keep complete records of all hearings and proceedings. Reviewed is a recent Pennsylvania court case in which a board decision to expel two students was overturned in the courts because no hearing records were kept. (MD)

From the perspective of constitutional law, this volume reconciles the conflicting claims of educational reformers who demand a curriculum for national unity and those who call for multiculturalism. The first part of the book describes the educators' opposing views about core curriculum and the century-long history of the debate. The second part…

This legal analysis of the issue of race-exclusive scholarships at colleges and universities and institutions receiving federal funds concludes that such scholarships are permissible under the Constitution or Title VI but only under limited circumstances (such as to remedy effects of prior identifiable institutional discrimination). (MSE)

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…