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Dowling-Sendor, Benjamin – American School Board Journal, 1998
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.…
Descriptors: Constitutional Law, Elementary Secondary Education, School Prayer, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a Georgia case involving a strip-searched class of fifth- graders to locate some missing money ($26), a Federal Court judge concluded the searches were unreasonable. Although students won the constitutionality battle, they lost the war over liability and injunctive relief in a subsequent decision. (MLH)
Descriptors: Constitutional Law, Court Litigation, Elementary Education, Grade 5
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Analysis of the U.S. Supreme Court's recent decision in "Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls," wherein the Court held that random drug testing of students taking part in extracurricular activities is constitutional. (PKP)
Descriptors: Board of Education Policy, Constitutional Law, Court Litigation, Drug Use Testing
Dowling-Sendor, Benjamin – American School Board Journal, 2001
Discusses basis for the June 2001 U.S. Supreme Court's 6-3 decision in New York case "Good News Club v. Milford Central School," wherein Court held that the Christian religious club for students had the Constitutional right under Free Speech Clause of First Amendment to use public school facilities after school hours. (PKP)
Descriptors: Clubs, Constitutional Law, Court Litigation, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Discusses Louisiana case wherein a federal district court judge ruled that an elementary principal violated the Establishment Clause by distributing Bibles to students. Includes Supreme Court's three-part "Lemon" test to determine if government practice violates the Establishment Clause. (PKP)
Descriptors: Administrator Behavior, Biblical Literature, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Voucher advocates won a major victory when the U.S. Supreme Court let stand a Wisconsin Supreme Court ruling that Milwaukee's voucher program passed constitutional muster. Summarizes the majority opinion. Points out that whether voucher programs represent prudent public policy is a political question to be addressed by voters and legislation. (MLF)
Descriptors: Constitutional Law, Court Litigation, Educational Vouchers, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Lays out the basic requirements of a sound antigang symbol policy. Discusses ways in which a school board can develop a sound policy that prohibits the wearing or display of gang-related symbols without overstepping constitutional boundaries. (LMI)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 1997
A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts