Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

The passage of the Equal Access Act (1984) brought to light the legal conflict that had been building over the previous four decades over who should or should not have access to public school facilities. Following the passage of the Act, many student and community groups began to request use of school facilities. School leaders were called on to…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

The United States Supreme Court has refused to articulate a hierarchy among the guarantees of speech, press, assembly, and petition. The Court also has avoided specifying whether expression rights or safeguards against religious establishment are dominant. Addresses litigation indicating that free speech protections prevail when they collide with…

Discusses the issue of school prayer and explains why prayer in any organized, public, and ongoing form is unworkable in what the author views as a post-Christian nation. The article also explores the insufficiency of the 1984 Equal Access Act that requires schools to grant religious student groups the same privileges as nonreligious groups. (GR)

In "Mergens," the Supreme Court ruled that the Equal Access Act (EAA) was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Traces the history of the case, arguments by the justices, and practical implications of the case for school districts. (66 references) (MLF)

Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)

Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…

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…

Discusses the "Board of Education of the Westside Community Schools v Mergens" case that was recently decided by the U.S. Supreme Court. The Court stated that refusal to allow the student Bible club to meet on school property violated the federal Equal Access Act. Presents the constitutional issues raised and the case's significance.…

This "fastback" examines the U.S. Supreme Court decisions and a few lower court decisions concerning religion and education rendered in the 1980s, and for background purposes, it also includes some decisions prior to the 1980s. The first of four parts discusses cases pertaining to prayer and religious activities in school. Included in…

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…