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…

In a time when both American democracy and U.S. public schools appear to be in crisis, Derek Black argues that the best way forward is to look to the past at the ideals that the founding fathers espoused in the early years of the nation. Although early U.S. leaders placed a priority on expanding public education, Black explains that these ideals…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

The definition of public education is changing rapidly and radically in our current political landscape. Nowhere is this more apparent than in the debate over publicly funded school voucher systems, which direct taxpayer funds to parents to offset the cost of tuition at the private schools of their choice. Tina Cheuk and Rand Quinn address how…

Contrary to culture-war rhetoric from the Right, there is more student religious expression and more study about religion in public schools today than at any time in the last 100 years. And contrary to dire warnings from the Left, much of the religion that goes to school these days arrives through the First Amendment door. Of course, this isn't to…

Civic education began wandering in the curricular wilderness in the 1960s, when Vietnam and then Watergate brought disenchantment, rebellion, experimentation, a loss of faith in traditional institutions and traditional leaders, the breakup of consensus, the weakening of the core culture and ultimately the erosion of curricular requirements in…

Reviews pertinent court cases in a discussion of how much freedom teachers have to decide how they will teach their students. Includes cases in which teacher authority was upheld and others in which it was denied. (Author/WD)

Evidence indicates that violence in our classrooms only breeds more violence in and out of the school. Corporal punishment is worse than useless as a deterrent to misbehavior: it must be considered actively harmful. (Author/IRT)

Discusses Nebraska case involving efforts by parents to seek redress in federal court for their emotionally impaired daughter's difficulties with her band teacher; the parents claimed violation of the 14th Amendment, federal disabilities statutes, and state common law. Explains why the federal district court and Eighth Circuit rejected the…

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

A federal court held that a state law requiring one minute of meditation or prayer in the public schools is legal. (IRT)

Discusses a case in which the courts upheld the school district's policies concerning the content of student publications. Concludes that perhaps the time has come that the schools can enforce rules that not only serve the legitimate interests of the schools, but also provide adequate protection for student rights. (Author/IRT)

When the rhetoric is removed, it is clear that the students' lawyers were asserting that it is unconstitutional for school board members to resort to their own political, social, and moral views when making decisions affecting the curriculum. The courts did not agree. (Author/IRT)