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Conflicting Directives from Congress and the Courts Put You in the Hot Seat.
Rossow, Lawrence F. – American School Board Journal, 1987
Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)
Descriptors: Court Litigation, Educational Facilities, Elementary Secondary Education, Federal Courts
"Mergens": Is the Equal Access Issue Settled?
Peer reviewed Peer reviewed
Mahon, J. Patrick – Journal of Law and Education, 1990
The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, Freedom of Speech
The Equal Access Act: The Supreme Court Upholds Its Constitutionality.
Peer reviewed Peer reviewed
Goldsmith, Kory – School Law Bulletin, 1990
The Supreme Court affirmed in "Mergens" that the Equal Access Act represents a legislative determination that secondary school students are mature enough to be exposed to an open forum. However, schools can either recognize noncurriculum-related groups, restrict student groups to curriculum-related activities, abolish student clubs, or…
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities
Come One, Come All.
Baron, Mark A.; Bishop, Harold L. – American School Board Journal, 1991
In "Mergens," the Supreme Court ruled that the Equal Access Act was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Provides a chronology of First Amendment and Equal Access Act cases; advises school boards about policy issues; and lists the availability of a…
Descriptors: Board of Education Policy, Compliance (Legal), Constitutional Law, Court Litigation
Student Religious Expression: Mixed Messages from the Supreme Court.
Peer reviewed Peer reviewed
McCarthy, Martha M. – West's Education Law Reporter, 1991
Although the Supreme Court's "Mergens" decision settled the controversy over the constitutionality of the Equal Access Act, the ruling seems to make more ambiguous the definition of a limited open forum for student expression and the legal status of devotional activities. (55 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities
"Mergen": The Beginning, Not the End, of Questions Arising under the Equal Access Act.
Peer reviewed Peer reviewed
Fleming, Merle Wilna; Peeler, Ronald L. – West's Education Law Reporter, 1991
The Supreme Court's interpretation of the Equal Access Act in "Mergens" alters the role of school officials in the recognition and functioning of student groups. The views of the justices are summarized followed by issues that may arise if a school decides against, or in favor of, having a limited open forum. (101 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Court Role, Curriculum
Religious Expression in Public Schools: A Statement of Principles.
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Department of Education, Washington, DC. – 1998
These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…
Descriptors: Board of Education Policy, Commencement Ceremonies, Compliance (Legal), Constitutional Law