When the government chooses to cooperate with private organizations to provide public services, the Supreme Court has made clear that the First Amendment prohibits religious discrimination. Three cases--"Trinity Lutheran Church of Columbia, Inc. v. Comer" (2017), "Espinoza v. Montana Department of Revenue" (2020), and…

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…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

The purpose of this research study will be to examine teacher perceptions on various issues pertaining to school law in the State of Alabama. Having data on teacher perception in Alabama can help shape future educational policy so that teachers can have an understanding of what they should and are required to do in various ethical and moral…

This article examines the historical relationship between political power and the pursuit of education and social equality from the Reconstruction era to the present. The chief argument is that education equality is historically linked to and even predicated on equal political power, specifically, equal access to the franchise and instruments of…

When asked by Thurgood Marshall during the Brown v. Board of Education desegregation case to join a team of scholars to answer questions posed by the U.S. Supreme Court about the intent of the framers of the U.S. Constitution's 14th Amendment, Dr. John Hope Franklin didn't hesitate to accept. This document contains personal accounts of the famous…

Recent Tennessee and Alabama court decisions raise similar issues involving (1) fundamental rights protected by the First Amendment and (2) the process of public education. Outlines the effects these decisions have on teachers and in classrooms. The supporters would suppress critical thinking and imagination while opponents would promote critical…

Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…

This brief provides an overview of three recent state court cases in Alabama, Wyoming, and Ohio that uniquely address the constitutionality of state special education finance systems. In each case, the courts found the special education finance systems to be unconstitutional due to inequitable or inadequate funding for children with disabilities.…

Designed for middle school through high school students, this unit contains eight lesson plans that focus on Alabama state law. The state lessons correspond to lessons in the volume, "Antidote: Civic Responsibility. Drug Avoidance Lessons for Middle School & High School Students." Developed to be presented by educators, law student,…

The application of constitutional principles of desegregation, derived from the context of primary and secondary education, to the postsecondary education setting, is addressed in the second of eight reports from the Postsecondary Desegregation Project at Vanderbilt University. The role of the U.S. Department of Education in enforcing the…