In "Crockett v. Sorenson" a voluntary public school Bible class was found unconstitutional because of sectarian control of the program, and guidelines for a constitutional Bible course were suggested. "May v. Cooperman" ruled against the constitutionality of the moment of silence, a question not yet addressed by the Supreme…

In "City of Boerne v. Flores, Archbishop of San Antonio," the U.S. Supreme Court struck down the 1993 Religious Freedom Restoration Act. RFRA was not intended to overrule a 1990 Supreme Court decision forbidding use of peyote in Native American religious ceremonies, but to "enforce" 14th-Amendment free-exercise rights. The…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

Discusses one of two June 1997 rulings on church/state separation issued by the U.S. Supreme Court. In "Agostini v. Felton," the Court reversed an earlier decision ("Aguilar v. Felton") upholding a New York City taxpayer group's claims that a Title I program's employment of public school teachers in private/parochial schools…

Two recent court decisions--one from the state of Washington and the other from Indiana--demonstrate that the Individuals with Disabilities Education Act's strong presumption in favor of mainstreaming disabled children has its sensible limits. (MLF)

A recent Pennsylvania case, "Student Coalition for Peace v. Lower Merion School District Board of Directors," has established the principle that outsiders who are not invited by student groups have no right of access to school facilities under the Equal Access Act. (TE)

Considers recent issues of school law and implications for local districts: the right of untenured school employees on short-term contracts to property interest in continued employment ("Vail vs. Board of Education"), and the constitutionality of public display of religious symbols at Christmas ("Lynch vs. Donnelly"). (JW)

Last year, the U.S. Court of Appeals for the 11th Circuit ruled in "Davis" that a student can sue for damages if school officials know a student is being sexually harassed but fail to intervene. (MLF)

Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)

Describes a recent Florida case involving three brothers infected with the AIDS virus. Barred from public schools, the family moved to Alabama, returned to DeSoto County, were reinstated in school by a federal court ruling, and were burnt out by an unidentified arsonist. Clearly, school boards must become leaders in developing sound public…

When school employees investigate alleged misconduct by students, they must follow school rules and federal and state laws. A school-locker search in a recent case from Indiana--"S.A. versus State"--illustrates the importance of employees and students knowing the rules governing investigations, and of specific employees being given the…

A decision upholding the constitutionality of Florida's competency exam is reviewed and school boards advised of measures for ensuring fairness and legality in competency testing: a curriculum that teaches the skills tested, adequate remedial instruction, and several chances to take the test. (MJL)

Discusses clear trends in school law regarding compulsory community service and school district liability for student-to-student sexual harassment. The courts are upholding mandatory community service programs, as seen in a recent Fourth U.S. Circuit Court of Appeals ruling. The courts are also recognizing a student's right to protection by school…

The Federal District Court ruled in favor of the Chapel Hill, North Carolina, school board's requirement that, as a condition for graduation, each student must perform 50 hours of unpaid community service. (MLF)

Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)