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D'Agostino, T. J. – Journal of School Choice, 2018
An analysis of the jurisprudence related to religious schools and public funding, grounded in the interpretation of the Establishment Clause and the Free Exercise Clause of the First Amendment, suggests that religious charter schools may be constitutionally permissible. Moreover, recent Supreme Court cases may provide a stronger argument for…
Descriptors: Charter Schools, Parochial Schools, Constitutional Law, Public Schools
Bindewald, Benjamin J.; Rosenblith, Suzanne; Green, Bob – Educational Studies: Journal of the American Educational Studies Association, 2017
Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…
Descriptors: Freedom, Religion, Public Schools, Democracy
Superfine, Benjamin Michael – American Educational Research Journal, 2009
In "Kitzmiller v. Dover" (2005), a court defined science to decide the legitimacy of teaching intelligent design to high school biology students. This study analyzes "Kitzmiller" in light of the complex and interrelated tensions between judicial, scientific, and democratic decision making that lie at the heart of modern…
Descriptors: Courts, Educational Policy, Decision Making, Sciences