Debate continues over the place of religious expression, including music, in public schools. In "Nurre v. Whitehead" (2009), a high school senior in Washington sued the superintendent for denying the wind ensemble that she was part of the opportunity to perform an instrumental version of "Ave Maria" at her commencement ceremony due to its…

This article discusses the steady stream of litigation that emerged shortly after the Pledge of Allegiance was introduced in 1892. The constitutionality of requiring students to take part in its daily recitation in schools continues to be challenged. Parents who objected to the statute and the words "under God" in the pledge filed suit, alleging…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

Traces the history of "The Pledge of Allegiance" litigation and discusses the probability the Supreme Court will agree to resolve the difference in judicial opinion over the constitutionality of including the words "under God" in the pledge. (Contains 32 references.) (MLF)

Reviews pertinent Supreme Court affirmative action cases since "Bakke" and several lower federal court cases, including "Gratz v. Bollinger" and "Grutter v. Bollinger," two University of Michigan affirmative action cases. Discusses how the Supreme Court will likely rule in "Gratz" and "Grutter."…

School finance reformers may be riding a carousel with no destination in mind. Finance reform most often results in judicial rescue and legislative restraint. Certain states with invalidated school systems have remained in litigation for decades. Litigation and legislation alone cannot establish an inequitable, adequate public education system.…

Reviews basis for U.S. Supreme Court's June 2001 decision in "Good News Club v. Milford Central School," where Court held that the Christian religious club for students had the Constitutional right under the Free Speech Clause to use public school facilities after school hours. Explains impact of decision on board of education policy.…

Describes the facts and state and federal constitutional law related to "Zelman v. Simons-Harris," a Cleveland school-voucher case before the United States Supreme Court. Argues that the Court will likely uphold the constitutionality of the Cleveland voucher program, finding that it does not advance religion in violation of the First…

In Ontario, Canada, the 19th-century educational imperative of indoctrinating public school students in a common Christianity became intolerable, given the province's increasingly pluralistic population. Most vestiges of religious practice and instruction have been swept from public schools. Religious minorities' preference for a unitary,…

Describes legal issues involving use of school facilities by noncurricular groups such as the Girl Scouts, a student chess club, or a community gardening club. Discusses three Supreme Court cases on the subject: "Westside v. Mergens" (1990), "Lamb's Chapel v. Center Moriches Union-Free School District" (1993); and "Good…

Reviews single-sex schools' history and legal status. Explores constitutional dimensions of gender-based discrimination delineated in five leading cases (in Philadelphia, New York City, Detroit, Mississippi, and Virginia). Due to claims of Equal Protection Clause and/or Title IX violations, such schools are unlikely to proliferate. (20 references)…

Focus of school-finance litigation has shifted from equity to adequacy. Discusses two recent North Carolina school-finance cases dealing with the concept of educational adequacy: "Leandro," decided by the North Carolina Supreme Court in 1997, and "Hoke County Board of Education," decided by the Wake County Superior Court in…

Reviews recent federal appellate court cases dealing with legal issues involving random drug testing of students participating in extracurricular activities. Draws implications for school business officials and other educators. (PKP)

Discusses school administrators' legal-affairs management responsibilities regarding legal advice, law versus ethics, and sources of law. Suggests strategies for retaining and managing legal counsel and avoiding situations involving litigation, torts, and conflict resolution. Explains general counsel services; outlines education,…