Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

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…

Analyzes New Jersey case wherein a federal district-court judge ruled that religious group had the First Amendment free-speech right to distribute flyers and permission slips to students, post notices on school walls, and participate in back-to-school night in effort to establish a student religious club in two elementary schools. (PKP)

While adherents to many religions can be identified by distinctive clothing or accessories, the wearing of such garb by teachers is not necessarily related to evangelism in the classroom. The following case and the accompanying question-and-answer discussion illustrate the problem of the principal caught between the rock of First Amendment…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…

Evaluates Equal Access Act of 1984 (prohibits denial of equal access to political, religious, and philosophical groups in secondary schools with limited open forums). Includes discussion of free speech, establishment clause, and implementation and effect of the act (some states ignore it, some courts uphold it, and there is no indication of how…

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

The Supreme Court's decision in Agostini v. Felton (1997) upheld the delivery of Title 1 services in religiously affiliated nonpublic schools, overruling two previous 1985 decisions holding that providing publicly funded programs in religious schools violated the Establishment Clause. "Agostini" reflects an emerging judicial perspective…

Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

Lower courts have generally held that Bible distribution in public schools violates the Establishment Clause. More recent litigation has focused on distribution of religious literature other than Bibles. Examines the background of the issue, considers the most recent court decisions, and discusses the implications of these decisions. (57…

Images of heretics burning at the stake or of traitors being drawn, hanged, and quartered for disloyalty to the king seem well removed from twenty-first century America. Yet the laws that defined these offenses--which included heresy and blasphemy, sedition and treason--were at the heart of some of the most significant debates defining the shape…

Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)

The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)

Religious activity in public schools has become a major issue, thanks to the Equal Access Act and "Lamb's Chapel," but neither has eliminated the Establishment Clause as a feasible concern for school officials. Protecting student religious expression to the same extent as other forms of free speech raises legitimate concerns regarding…