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…

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,…

In light of certain legal paradoxes following the 1954 "Brown versus Board of Education" Supreme Court decision, this article reflects on developments relating to desegregation, individuals with disabilities, and women. Unfortunately, schools are becoming more segregated, disabled individuals' employment picture remains dismal, and women…

Student prayer at school events, such as football games and graduation ceremonies, has spawned several contradictory circuit court decisions. A 2000 Supreme Court ruling against pregame prayer ("Santa Fe Independent School District v. Doe") reversed an 11th Circuit Court decision, with far-reaching effects on all student-initiated and…

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)

In "Wise," two sets of parents of children with disabilities made a unilateral placement decision at an out-of-state residential facility. The case presents unique issues: resident status of the child and allocation of costs for educational services. Examines the "Wise" decision and its implications for the child and for school…

"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…

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…

Information to aid the school-law specialist in handling transportation issues is provided in this handbook. Following an introduction, section 2 discusses the school's liability for transportation decisions, including school bus safety requirements, selection of transportation, the care owed to students, and school defenses in transportation…

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…

Religious activity in public schools has become a major issue, thanks to the Equal Access Act and "Lamb's Chapel," but neither has eliminated the Establishment Clause as a feasible concern for school officials. Protecting student religious expression to the same extent as other forms of free speech raises legitimate concerns regarding…

Discusses five landmark Supreme Court rulings that continue to affect the daily operations of public schools regarding equality ("Brown v Board of Education"), students' freedom of expression ("Tinker v. De Moines,""Bethel v. Fraser," and "Hazelwood v. Kuhlmeier"), and preservation of due process ("Goss…

Plagiarism and cheating can be defined as academic dishonesty and represent policy concerns among all levels of education. Such cases involve academic versus disciplinary decisions and the need to determine the student's understanding of the definition of plagiarism or cheating. This paper analyzes six legal issues raised in court cases and…

Discusses judicial opinions over the past century that have made schools relatively impervious to the legal demands of parents to change school programs and curricula. Describes changes occurring in two large urban school districts to provide structured parental involvement. (45 footnotes) (MLF)

The Supreme Court, in "Rosenberger," ruled against the University of Virginia when it denied student newspapers with religious perspectives equal access to student activities funds. Discusses decisions by all the courts and implications for future changes in the legal standard by which cases involving public assistance for religious…