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Epley, B. Glen – NASSP Bulletin, 2007
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…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
Rankin, Norma R.; Strope, John L., Jr. – West's Education Law Quarterly, 1994
In "Lee" the Supreme Court determined that "including clergy who offer prayers as part of an official public school graduation is forbidden by the Establishment Clause." Confusion arises over whether the Court decision determined "what" cannot be done or "who" cannot do it. Surveyed 10 Kentucky school…
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Dowling-Sendor, Benjamin – American School Board Journal, 2001
Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…
Descriptors: Commencement Ceremonies, Federal Courts, High School Seniors, High Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Black, Susan – American School Board Journal, 2003
To uphold constitutionally approved teaching about religion (and refrain from unconstitutional religious indoctrination), schools are advised to adopt an approach that is academic, not devotional. Other responsibilities include, making sure that students' beliefs--especially those who are not religious or are otherwise in the minority--are never…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Federal Legislation
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Russo, Charles J. – Religion & Public Education, 1990
Discusses court decisions on the rights of religious groups to rent public school facilities and to distribute religious literature on public school grounds. Compares decisions and reasoning in U.S. appellate courts and the Supreme Court. Predicts that the relationship between religion and public education will continue to evolve. (DK)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Government School Relationship
Stern, Marc D. – 1994
Intended to provide school officials an understanding of the legal aspects of common religious liberty and church-state questions in the public school context, this pamphlet attempts an objective summary of the current status of church-state law as it applies to the public schools. The document seeks to catalogue objectively the law as found in…
Descriptors: Creationism, Dress Codes, Elementary Secondary Education, Laws
Jones, Rebecca – American School Board Journal, 1996
Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Drug Use Testing
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Bjorklun, Eugene C. – West's Education Law Reporter, 1990
An examination of the constitutionality of team prayer shows that pregame prayers violate the First Amendment's Establishment Clause, and their use can lead to liability problems for both coaches and school boards. Advises school boards to adopt policies specifically prohibiting team prayers. (MLF)
Descriptors: Athletic Coaches, Athletics, Board of Education Policy, Court Litigation
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Boles, Donald E. – Religion & Public Education, 1989
Reviews current Supreme Court doctrine as tested in lower federal and state courts in three areas in which public schools are involved. Examines Court decisions on silent meditation, equal access, and baccalaureate and commencement services. Finds the issues have not been fully resolved. (DB)
Descriptors: Access to Education, Civil Liberties, Commencement Ceremonies, Constitutional Law
Beckham, Joseph C. – 1997
Judges have interpreted the First Amendment as forbidding the establishment of religion by the state and guaranteeing free exercise of individual religious liberty. The two clauses require public school officials to adopt a position of neutrality with regard to religion in the school setting. Educators must walk a fine line, accommodating…
Descriptors: Compliance (Legal), Constitutional Law, Controversial Issues (Course Content), Court Litigation
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Schimmel, David – Update on Law-Related Education, 1994
Contends that all of the U.S. Supreme Court Justices in 1947 agreed that the Establishment Clause of the First Amendment erected a wall of separation between church and state. Reviews Establishment Clause history, includes summaries of court opinions, and concludes that a more thorough curriculum about the wall of separation is needed. (CFR)
Descriptors: Constitutional Law, Court Litigation, Court Role, Curriculum Development
Rossow, Lawrence F.; Hininger, Janice A. – 1991
Many of the court decisions in the 1960s and 1970s regarding student civil rights were decided in favor of students. By the 1980s the courts began to give administrators more authority. This change of judicial thinking means that school authorities must be reschooled concerning the rights of students. This booklet should help administrators…
Descriptors: Civil Law, Civil Rights, Court Litigation, Discipline
Sendor, Benjamin B. – 1997
This book, an update of the 1988 edition, gives readers a basic grasp of the general legal principles controlling the role of religion in public education with the goal of applying those principles to typical church/state issues. Chapter 1 offers the background of general legal principles needed to understand specific church/state issues. Chapter…
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Elementary Secondary Education