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…

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.

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

The Supreme Court determined that Title VII of the Civil Rights Act provided an exception for religious organizations from the prohibition against religious discrimination. However, the opinion does not address the issue of religiously oriented educational institutions. Two recent cases involving Marquette University in the Seventh Circuit are…

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…

Proceeding from the hypothesis that cable television (CATV) is one of the most significant developments in modern America, this booklet examines the medium itself and then devotes special attention to the capacity of CATV to serve the First Amendment interest in diversity of expression. The opening section deals with the size and growth of cable,…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

Decisions made by federal and state courts during 1983 concerning higher education are reported in this chapter. Issues of employment and the treatment of students underlay the bulk of the litigation. Specific topics addressed in these and other cases included federal authority to enforce regulations against age discrimination and to revoke an…

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…