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…

Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…

Recent court decisions on student religious groups and the Equal Access Act passed by Congress conflict on interpretation of the Constitution. Until a Supreme Court decision resolves the issues, school boards in jurisdictions affected by the decisions should obey the rulings; others should get legal advice. (MD)

While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)

Discusses the use of sexist expression by men against women in a school context, both in the classroom and on school grounds. Includes discourse ranging from direct intimidation or harassment to utterances that, though derogatory, are statements of an ideology or a point of view. (KEH)

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

It is argued that the court decision in Widmar v. Vincent, striking down a university's restriction on building use for religious activities, is consistent with the First Amendment's Establishment Clause precedent, does not threaten to undermine its purpose or intended reach, and may in fact clarify it. (MSE)

This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection…

First Amendment responsibilities of public colleges and universities to provide access to university facilities for First Amendment activity are analyzed within the public forum doctrine. State action doctrine and implications for private institutions are considered, public forum law in the university setting is discussed, and recent litigation is…

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)

Beyond no-establishment and free-exercise principles, widespread agreement now exists on many thorny church-state questions: school prayer, teaching about religion, Bible clubs, equal access, excusals, distribution of religious literature, religious holidays, creationism, released time, and character education. One issue, speaker versus audience…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

In Smith vs. Regents of the University of California, the California Supreme Court established new constitutional limitations on use of mandatory student fees. This article examines the Court's restriction of use of funds for ideological or controversial extracurricular programs and concludes that the distinction between educational and political…

Reviews court cases in which parents challenged school practices on religious grounds. Puts particular emphasis on recent attempts to make the curriculum conform to religious views. (Author/JM)

The First Amendment to the U.S. Constitution prohibits government (which includes public schools) from imposing religious beliefs and practices in schools. Examines court decisions interpreting the First Amendment, distinguishes state action from private action, and explains the notion of "limited open forum" with regard to…