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 Establishment Clause of the First Amendment to the U. S. Constitution sets forth the separation of church and state required in public schools. That clause has been interpreted in a lengthy history of U. S. Supreme Court decisions. Nevertheless, accommodating one person's right of religious expression while not infringing on another person's…

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…

The U.S. Supreme Court, the Congress, state legislatures, and city councils can ask for divine guidance, but public schools are denied this advantage. The First Amendment was designed to protect religious minorities from oppression by a religious majority, not to protect people from religion. Tapping into a higher power would civilize, not…

Jerry Cammarata's poignant article provides a valuable opportunity to discuss the Supreme Court's wisdom in prohibiting nondenominational prayer in public schools in 1962 ("Engel v. Vitale") and to review current case law. The Constitution permits prayer chosen and spoken privately by a student, supported by family, friends, and clergy.…

Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…

Prayer at school-sponsored events became significant issue in many communities, in wake of Supreme Court's decision in "Lee v. Weisman.""Phi Delta Kappan" survey was conducted to discover how school districts handled graduation prayer. Of 1,491 responding districts, 46% included some form of prayer at formal commencement…

In 1992, a high-school student and a math teacher sued the Cleveland Public Schools in Federal District Court, contending that the board's opening prayers violated the establishment clause and the Ohio Constitution. The 6th Circuit Court upheld this suit, saying school-board prayer differs from permissible legislative prayer. (MLH)

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…

Critically examines and responds to the persistent argument by religionists that high school graduation prayer is somehow constitutional despite "Lee versus Weisman." Addresses the loopholes advocated and concludes that the courts have clearly rejected each of them. (183 footnotes) (MLF)

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…

England's recent Education Reform Act of 1988 makes a number of important changes in the law relating to religious education. Describes the principal changes in the law and examines some of the practical difficulties expected to arise in their implementation. Critiques the policies that underlie the new legal provisions. (118 references) (MLF)

Explores the background of the "Lee" case, in which the Supreme Court, by a 5-4 decision, declared that graduation prayers violated the Establishment Clause of the First Amendment. Cites implications of the Supreme Court for future Establishment Clause cases. (54 footnotes) (MLF)

Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…

Discusses viability of voucher systems including sectarian schools. Voucher plans' constitutionality may be enhanced by incorporating characteristics such as universal availability, allocation using neutral criteria, and "opting out" clauses. The Supreme Court's ruling in "Santa Fe" may squelch district policies condoning…