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Roberts, Robert – NASSP Bulletin, 2022
The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…
Descriptors: Court Litigation, Constitutional Law, Religion, State Church Separation
Waggoner, Charles R. – Research in Higher Education Journal, 2022
Electronic communication plays a significant role in most schools and in all of our personal lives as well. The legal question of what is acceptable and what is not acceptable electronic speech for students that is constructed and delivered totally off-campus on such platforms such as Snapchat, Tic Toc, Facebook or Meta, U-Tube, and regular email,…
Descriptors: Social Media, Internet, Computer Mediated Communication, Court Litigation
Perrine, William M. – Arts Education Policy Review, 2018
What legal and ethical issues arise when students choose to perform popular music with explicitly religious content? The purpose of this article is to construct a policy framework for discussing the use of popular religious music within the classroom, with a specific focus on the concept of proselytization as legal criteria for setting appropriate…
Descriptors: Music, Public Schools, Religion, Court Litigation
Goodman, Joan F. – Ethics and Education, 2021
The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single…
Descriptors: School Responsibility, Parent Role, Civil Rights, Holistic Approach
Dagley, Amy L.; Weiler, Spencer C. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
The purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that…
Descriptors: Freedom of Speech, Student Behavior, Court Litigation, Public Schools
Eckes, Suzanne E. – Berkeley Review of Education, 2017
This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…
Descriptors: Antisocial Behavior, Homosexuality, Public Schools, Educational Policy
Lewis, Maria M.; Kern, Sarah – Educational Administration Quarterly, 2018
Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…
Descriptors: School Law, Court Litigation, Freedom of Speech, Public Schools
Hermann, Ronald S. – American Biology Teacher, 2013
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…
Descriptors: Evolution, Legal Problems, Educational Legislation, Public Schools
Curry, Katherine A. – Journal of Cases in Educational Leadership, 2014
Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…
Descriptors: Participative Decision Making, Leadership Effectiveness, Instructional Leadership, Discipline
Ehrensal, Patricia A. L. – Journal of School Leadership, 2012
Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…
Descriptors: Public Schools, Freedom of Speech, Student Rights, Court Litigation
Araux, Jose Luis – ProQuest LLC, 2013
Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…
Descriptors: Freedom of Speech, Students, Constitutional Law, Court Litigation
Fromm, Megan E. – ProQuest LLC, 2010
Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…
Descriptors: Newspapers, News Reporting, Censorship, Freedom of Speech
Myers, Jill Joline; McCaw, Donna S.; Hemphill, Leaunda S. – Corwin, 2011
A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…
Descriptors: Public Schools, Discipline, Constitutional Law, Court Litigation
Graca, Thomas J.; Stader, David L. – NASSP Bulletin, 2007
This article lays the foundation of American First Amendment jurisprudence in public schools and examines recent cases relating to student Internet speech. Particular emphasis is placed on the ability of schools to regulate student off-campus Internet speech. School authorities who wish to regulate nonthreatening off-campus speech in the…
Descriptors: Internet, Constitutional Law, Freedom of Speech, Student Rights
Palestini, Robert; Falk, Karen Palestini – Rowman & Littlefield Education, 2012
This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…
Descriptors: School Law, Court Litigation, Public Schools, Private Schools