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…

A decade of research on school discipline has made society keenly aware of the "elephant in the room." Overwhelmingly, Black students are "wounded" permanently when they are suspended over and over for offenses that are overlooked when their white counterparts commit the same infraction. Since Black students are suspended…

When the Texas state legislature passed a law in the 1970s allowing school districts to deny enrollment or charge tuition to illegal immigrant children, the Tyler Independent School District instituted a $1,000 tuition rate for illegal immigrant children. Sixteen undocumented children from four Mexican families in Tyler filed a class-action suit…

Purpose: This article examines the role social science has played in litigation involving public single-sex educational programs. It also explores a body of social science research related to gender and education that we believe could assist the courts and school leaders in better examining the possibilities and the limitations of single-sex…

Reflecting on the 140th anniversary of the Fourteenth Amendment (ratified July, 1868), this qualitative case study described a response by educator-activist Tony Stewart to the Aryan Nations, a neo-Nazi hate group that attempted to intimidate Stewart's community, Coeur d' Alene, Idaho, between 1972-2000. Stewart galvanized community response using…

This article explores the legacies of the 1954 "Brown v. Board of Education" Supreme Court decision within the historical context of race relations in the United States. The pursuit by African Americans to exercise their rights of citizenship is described as influenced by the changing face of fear. The Supreme Court decisions that…

This article explains the court decision on the "Brown v. Board of Education" lawsuit. In this case, there are findings that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors. The Court…

Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

Few topics evoke more emotion than how to discipline children in public schools. And not many people are neutral in their views toward corporal punishment. Surprisingly, the United States stands almost alone on its position regarding the legality of corporal punishment. Among thirty-five industrialized countries, only the United States and the…

The Center for Law and Education (CLE) strives to make the right of all students to quality education a reality throughout the nation and to help enable communities to address their own public education problems effectively, with an emphasis on assistance to low-income students and communities. For more than a quarter of a century, the Center for…

The journey by African Americans to achieve quality education began with passage of the Fourteenth Amendment to the U.S. Constitution providing the freedmen citizenship and protection from hostile state action under its due process and equal protection clauses. This article traces the plight of Black Americans to gain access to quality schools…

The American tradition of sovereign immunity and the Eleventh Amendment of the United States Constitution have provided certain legal protection to government personnel, including leaders of public elementary, secondary, and post-secondary institutions, but the concept of governmental immunity may be difficult to understand as it applies to…

Fifty years ago, on 17 May 1954, the United States Supreme Court ruled in "Brown v. Board of Education" that the "separate but equal" doctrine that had effectively legalized "educational apartheid" some 58 years earlier deprived racially segregated children of the equal protection of laws guaranteed by the fourteenth…

There are three major classifications of foreign students in the United States. "I-20" students are those who are in the country only to attend school. These students must attend an approved educational institution full-time or face deportation. Aliens who are permanent residents or who are visiting but meet residence requirements are…

The U.S. Supreme Court has ruled that a state law compelling a child's attendance at a public school constitutes a violation of the parent's liberty interest under the 14th amendment. In Canada, however, courts have held that their equivalent to the 14th amendment does not encompass the liberty of parents to choose how to educate their children.…