This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…

Teacher use of social networking sites such as Facebook has presented some ethical dilemmas for policy makers. In this article, we argue that schools are justified in taking action against teachers when evidence emerges from social networking sites that teachers are (a) doing something that is illegal, (b) doing something that reflects badly on…

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…

This fifth article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, asks readers to consider the summary of the Illinois case presented, and the questions and answers that follow. The primary issue is whether the school district's adverse employment…

The First Amendment Schools project holds rich lessons in how to change school cultures into "laboratories of democracy"--as well as in how to increase the odds of success for any school reform effort. School reform programs of any sort need to make sure to build in sustainability, to provide ways to spread their lessons beyond the…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

Recognizing the influence of religion on people's worldview and daily lives, we wondered if elementary and secondary social studies preservice teachers knew enough about religions not only to be culturally responsive in a classroom but also whether they knew enough to teach about these religions within the appropriate curriculum. We used questions…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

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…

This four-day learning activity on the controversy of exclusion of gays and subsequently atheists in Boy Scouting is particularly relevant because it highlights the complexities that surround issues of equality, equity, the provision of leisure services, First Amendment rights, and the implications of court decisions on social justice. This lesson…

Video games today give players an unprecedented opportunity to become part of the game. They literally put players in the game. And with rapid technological improvements and endless creativity, games are only becoming more realistic. They are also becoming more violent. Today's games allow players to kill, maim, dismember, and torture victims by…

As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in…

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.