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Kim, Robert – Phi Delta Kappan, 2022
In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…
Descriptors: Court Litigation, Freedom of Speech, Constitutional Law, Religion
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Superfine, Benjamin M. – Teachers College Record, 2022
Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…
Descriptors: Public Education, Private Education, Religious Education, Educational Policy
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Marks, Melissa J.; Binkley, Russell; Daly, James K. – Social Studies, 2014
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…
Descriptors: Preservice Teachers, Religious Factors, Religious Education, Constitutional Law
Council for American Private Education, 2012
Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Supreme Court Issues 9-0 Ruling in Religious School Case; (2) White House Honors Champions of Change; and (3) CAPE Notes.
Descriptors: Private Schools, Elementary Secondary Education, Court Litigation, Religious Education
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Garnett, Richard W. – Journal of School Choice, 2010
Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…
Descriptors: Parochial Schools, School Choice, Constitutional Law, Urban Areas
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Passe, Jeff; Willox, Lara – Social Studies, 2009
Religion plays an important role in social studies content and is difficult to ignore, especially because of current world events. In our global society, it is more important than ever to know about and understand the religious beliefs of others. The social studies curriculum is infused with religion, but teachers circumvent the issue, mistakenly…
Descriptors: Religion, Social Studies, Religious Education, Public Schools
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Epley, B. Glen – NASSP Bulletin, 2007
Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…
Descriptors: Court Litigation, Constitutional Law, Public Schools, State Church Separation
McCarthy, Martha – 1987
This document is one of a series of papers by leading scholars presented at the State University of New York's annual program of educational policy seminars. The paper reviews recent judicial attempts to interpret the U.S. Constitution's first amendment's establishment clause in areas that have had a significant impact on educational policy…
Descriptors: Constitutional Law, Educational Policy, Higher Education, Religion
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Lewy, Southey; Betty, Stafford – International Journal of Children's Spirituality, 2007
Very few elementary public school teachers in the United States expose their students to religion and spirituality in an in-depth way. Even when they have the necessary knowledge base, they shy away from so dangerous an enterprise. They might fear provoking a challenge from parents who are irreligious and are shocked to find religion being…
Descriptors: Public School Teachers, Religion, Religious Factors, Fear
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O'Neil, Robert M. – Academe, 1982
The legal tests that are applied to the issue of state mandates to provide creation instruction in public schools, and the implications of the mandates, are discussed. This issue is compared with other curriculum mandates and requirements to illustrate the difficulty of the problem. (MSE)
Descriptors: Academic Freedom, Constitutional Law, Creationism, Evolution
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Metzger, Devon – American Secondary Education, 2002
Describes citizenship education program for achieving common ground in a multicultural society that emphasizes religious liberty in American democracy protected by the First Amendment. Includes five areas: conflict resolution, consensus building, religion in the curriculum, teacher education, and religious expression in public schools. (Contains…
Descriptors: Citizenship Education, Conflict Resolution, Cultural Pluralism, Elementary Secondary Education
Choper, Jesse H. – 1997
The Convocation on Academic Freedom promotes discussion on academic freedom through theme-centered presentations. This talk examines the United States Supreme Court's interpretation of the religion clauses of the Constitution in the context of education. The focus is on the First Amendment's establishment clause, which enforces separation of…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Parochial Schools
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O'Hara, Julie Underwood – Journal of Law and Education, 1985
This article surveys the constitutionality of state aid to private sectarian higher education under the First Amendment. A typology for constitutional aid programs is devised to scrutinize selected state programs for constitutional compliance. (TE)
Descriptors: Church Related Colleges, Constitutional Law, Court Litigation, Higher Education
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First, Patricia F. – Journal of Women in Educational Leadership, 2003
In early 2003, two distinguished researchers in school law analyzed aspects of the law vis-a-vis vouchers and tax credits and the public schools (McCarthy, 2003; Welner, 2003). The issues were confusing, and the author wondered how educators and the public responded. How can policy makers make reasonable decisions about public education without a…
Descriptors: Tax Credits, School Law, Educational Vouchers, Public Education
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Bishop, Penny A.; Nash, Robert J. – Middle School Journal (J3), 2007
Talking about religion in public middle schools has moved from taboo to necessity during the past few years. Although some middle schoolers hold knowledge of their own religion, most remain uninformed about any of the world's religions, including, for many, their own. The purpose of this article is to make the case for religious literacy--the…
Descriptors: Constitutional Law, Religion, Middle School Students, Religious Education
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