Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Provides an update on the legal interface between desegregation and urban schools, describing school desegregation and noting the impact on urban education of Missouri v. Jenkins, a 23-year odyssey through the federal courts. Highlights the cost of desegregating the Kansas City (Missouri) public schools and the implementation of court-ordered…

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…

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,…

Summarizes issues relating to removal of school board members in the areas of grounds, methods, and parties seeking removal. The fewer than 20 successful removal actions since World War II indicate that the vulnerability of board members to litigation does not necessarily mean they are equally vulnerable to removal actions. (MLF)

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

The role of parents as arbiters of their children's education has been redefined over the past half century, partly by judicial opinions that defer to the discretion of school boards and administrators. (53 references) (MLF)

"Agostini v. Felton" facilitates federal courts' consideration of applications of non-free-speech government-religion interaction. "Stark v. Independent School District No. 640," concerning a reopened Minnesota elementary school attended by children of a technology-adverse religious group, suggests that coincidences between…

In May 1954, the Supreme Court handed down its unanimous 9-0 opinion in "Brown v. Board of Education of Topeka, Kansas" ("Brown I," 1954). In holding that de jure segregation in public schools based on race violated the Equal Protection Clause, the Court prepared American society for a larger concept, namely that children in…

Considers the legal implications of "Lee," a closely divided Supreme Court decision that ended the practice of graduation prayers. Summarizes the majority opinions of Justices Kennedy, Blackmun, and Souter and the dissenting opinion of Justice Scalia. Analyzes the potential impact of "Lee" on future cases involving religion and…

A New Jersey school board enacted a policy to broaden students' understanding of their multicultural community's religious heritage. The federal district court upheld the Cherry Hill Township's approach to recognizing religious diversity in public schools. Reviews the policy and the court decision, and explores implications for public schools. (90…

The Supreme Court has decided to address the facts in "Lee v. Weisman" involving the validity of graduation prayer. Reviews the opinions of the current justices regarding the role of the tripartite establishment clause "Lemon" test and concludes with a projection of the court's resolution of the "Lee" case. (73…

The Eighth Circuit Court of Appeals determined in "Good News/Good Sports Club v. School District of Ladue" that a public school district could not prohibit a parent-led Christian club from using school premises for its meetings. Discusses the majority and dissenting opinions and the implications of this decision for public schools. (72…

The legal debate over religious freedom in public schools involves the aspects of control of education, definition of religion, and religious expression. Cites conflicting judicial decisions and states the issues the Supreme Court must resolve. (MLF)

Although courts have been supportive of efforts by school districts to dismiss sexually abusive employees, they have not been as receptive to claims that abused students should be compensated. Offers measures school districts should take in investigating applicants prior to employment and in investigating complaints after employment. (MLF)