Released time religious education has a long history in the United States, but not all programs have been successful, and others have not even been legal! In this article, the legal history and cases involving religious education are explored with particular emphasis on the three prong Lemon test (named for one of the litigants). Practical…

Evolution, due to its importance in science, holds a prominent place in national science standards and many state standards. Scientists nearly universally agree that the theory of evolution best explains the unity and diversity of life. Accordingly, numerous science, science education, and religious organizations support the teaching of evolution…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications. Four approaches to teaching…

In the past 50 years, the share of students enrolled in U.S. Catholic schools has declined from approximately 12% to 3%. In reaction, many urban Catholic schools have closed and subsequently reopened as public charter schools in order to receive governmental funding and to increase enrollment. As public schools, these Catholic- affiliated charter…

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…

U.S. Solicitor General Kenneth W. Starr has asked the Supreme Court to abandon the Establishment Clause it formulated in "Lemon v. Kurtzman" (1971) for cases involving governmental accommodation of religion in civic life. Starr's "amicus curiae" in "Lee v. Weisman" questions the clause's persistent tendency to…

To help clarify the school prayer controversy, this article examines recent court decisions concerning three issues: organized prayer, silent prayer or meditation, and prayers at graduation, assemblies, and extracurricular activities. In "Wallace vs. Jaffree" (1985), the United States Supreme Court reaffirmed its consistent opposition to…

Reviews contemporary court cases to show that free exercise claims are religious and therefore unenforceable under the Establishment Clause's "Lemon" test prohibiting religious activities in public schools. Discuses inadequacies in judicial perception involving compelling interest, a pattern of anti-theistic decisions, and lesser…

Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…

Due to increasing attacks on school curriculum and policies, administrators must understand the law associated with education and religion. Guided by this knowledge, school leaders can foster an educational environment while simultaneously protecting individual expression. If a lawsuit occurs, an administrator can best protect both the school and…

Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…

This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection…