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…

In "Elk Grove Unified School District v Newdow" ("Elk Grove"), the Supreme Court, in an 8-0 judgment, with three concurrences, upheld the words "under God" in the Pledge of Allegiance. In light of the uproar caused by "Elk Grove", this article is divided into three parts. After reviewing the history of the Pledge the second section examines the…

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

The Virginia Supreme Court unanimously ruled that the issuance of tax exempt bonds to a religiously affiliated university violated both state and federal constitutions. Reviews the court decision, analyzes the constitutional issues, and contends that court actions intruded beyond the permissible boundaries of constitutional neutrality. (38…

Reviews basis for U.S. Supreme Court's June 2001 decision in "Good News Club v. Milford Central School," where Court held that the Christian religious club for students had the Constitutional right under the Free Speech Clause to use public school facilities after school hours. Explains impact of decision on board of education policy.…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

Court cases involving attempts to impose regulations on religious schools document the need for the Supreme Court to furnish guidelines on what constitutes reasonable state regulations, what religious educational practices are constitutionally protected, and what are permissable intrusions by the state into the affairs of religious institutions.…

The opportunity for and expectation of parents' involvement in the education of their children is a staple of the American educational system. The absence of parent participation in their children's education has been decried by educators as a contributing factor to a range of problems in schools, from poor academic performance to disciplinary…

Examines interpreting the application of the Age Discrimination in Employment Act and Title VII to religious institutions in light of the two religious clauses in the First Amendment, one protecting free exercise of religion, and the other prohibiting an establishment of religion. (103 footnotes) (MLF)

Reviews recent federal appellate court cases dealing with legal issues involving random drug testing of students participating in extracurricular activities. Draws implications for school business officials and other educators. (PKP)

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

The almost universal doctrine of charitable immunity was traditionally justified at one time because of the altruistic nature of charities. The reasons for abolition of charitable immunity in most states have generally been two-fold: (1) charities are no longer low-budget, marginal operations; (2) the risk of crippling verdicts can be minimized…

School officials face a daunting array of legal responsibilities in managing student transportation. This monograph identifies and discusses the most important transportation problems facing school officials, despite the considerable variances among state requirements. Following the introductory section, section 2 describes school districts' and…