An analysis of the jurisprudence related to religious schools and public funding, grounded in the interpretation of the Establishment Clause and the Free Exercise Clause of the First Amendment, suggests that religious charter schools may be constitutionally permissible. Moreover, recent Supreme Court cases may provide a stronger argument for…

A key component of current school reform efforts focuses on increasing parental choice through voucher systems and programs that provide tax benefits for contributions to scholarship programs for private school tuition. Indeed, proposals to adopt such programs have been or currently are being considered in four-fifths of the states, and about half…

Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…

"We are in a war," Health and Human Services Secretary Kathleen Sebelius declared to cheers at a 2011 National Abortion and Reproductive Rights Action League (NARAL) Pro-Choice America fund-raiser. Secretary Sebelius was referring in part to the uproar caused by the "HHS Mandate," her agency's rule that employer-provided…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

The American public landscape has shifted in concert with a newly emboldened political right, and the public school has again become an important battlefield in the latest culture wars. In addition to confrontations over educational policy issues is a largely untheorized area where the everyday classroom takes center stage: Teachers face a…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

In this essay Bryan Warnick explores how rights to religious expression should be understood for students in public schools. Warnick frames student religious rights as a debate between the conflicting values associated with the Free Exercise Clause and the values associated with the Establishment Clause of the United States Constitution. He then…

There continues to be a significant debate as to the most effective means of providing North Carolina's children with the best possible education. The one point upon which a great majority agree is that, despite substantial increases in funding, public education is not meeting the needs of a large proportion of the state's students. This paper…

The varying definitions and conceptions of secularism are explored in terms of government interpretation and legal response. It is argued that issues of state neutrality towards religion can be balanced with religious expression within the context of community schooling in the USA. Examining a more balanced approach of effects of government action…

While adherents to many religions can be identified by distinctive clothing or accessories, the wearing of such garb by teachers is not necessarily related to evangelism in the classroom. The following case and the accompanying question-and-answer discussion illustrate the problem of the principal caught between the rock of First Amendment…

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…

This document is one of a series of papers by leading scholars presented at the State University of New York's annual program of educational policy seminars. The paper reviews recent judicial attempts to interpret the U.S. Constitution's first amendment's establishment clause in areas that have had a significant impact on educational policy…

Argues for a substantial neutrality test to replace the absolute separation form of the tripartite test in construing and applying the establishment clause of the First Amendment. Available from Harvard Society for Law and Public Policy, Inc., Langdell Hall, Harvard Law School, Cambridge, MA 02138; $4.00 per issue. (Author/IRT)

Questions arise about the constitutionality of including some form of prayer, usually an invocation or benediction, in public school graduation ceremonies, and whether such prayer can appropriately be delivered by a minister or other religious leader. The U. S. Supreme Court has not addressed this precise issue, but an analysis of other courts'…