Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

Debate continues over the place of religious expression, including music, in public schools. In "Nurre v. Whitehead" (2009), a high school senior in Washington sued the superintendent for denying the wind ensemble that she was part of the opportunity to perform an instrumental version of "Ave Maria" at her commencement ceremony due to its…

The Supreme Court's 1925 ruling in "Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary" ("Pierce"), striking down a law from Oregon that would have required all children, other than those needing special education, between the ages of 8 and 16 to attend public schools, essentially upheld the right of nonpublic…

Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate…

Charter schools, which are public schools of choice, are typically operated as not-for-profit organizations, essentially functioning as independent districts consisting of single schools, by private groups including parents either independently or occasionally in conjunction with public institutions such as universities. In return for being…

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, "What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials…

In "Parents Involved in Community Schools v. Seattle School District No. 1," a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, "Parents Involved" was the latest chapter in the Court's almost 40-year history of reaching mixed…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

In "United States v.Lopez," a highly fractured United States Supreme Court, in a five-to-four ruling that generated six different opinions, affirmed that Congress had exceeded its authority in adopting the Gun-Free School Zones Act. Provides an in-depth examination of the Court's ruling and concludes with an analysis of the legal issues…

Examines key legal tensions flowing from the return of organized student-sponsored prayer to public schools. Claims that political "conservatism" has subordinated individual liberty to the unwarranted power of the federal government. (19 references) (MLF)

The Supreme Court's ruling in "Missouri versus Jenkins" signalled a further retrenchment in the struggle to end racial segregation in the schools. The majority held that the federal district court exceeded the bounds of its broad discretion in its mandated desegregation remedy. Reviews the Court's holding in detail and reflects on the…

Traces the judicial history of the Supreme Court's ruling in "Jenkins" that federal judges have the authority to order local governments to increase taxes to pay for the cost of integrating a school system. Praises the Supreme Court for acting when state laws and local taxpayers fell short of providing the necessary funds to implement a…

More than thirty cases involving desegregation of public school systems handed down in the first 25 years after Brown v. Board of Education, Topeka, Kansas, by the U.S. Supreme Court are discussed. However, the last 25 years have resulted in a situation of having the nation taking one step forward and half a step backwards, due to the conditions…

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)…