Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)

Discusses legal issues concerning the First Amendment rights of Amish and Mennonite students and parents. Focuses on court decisions that upheld their rights of religious liberty and reviews the origins of their beliefs. Contends that most of the government decisions regarding religion and education reflect a fundamental respect for the religious…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

This paper examines four issues related to religion and the public schools: (1) released-time education; (2) variations in interpretation of court decisions; (3) teacher attitudes toward religious instruction; and (4) freedom of religious expression. Released-time education programs were held to be constitutional in "Zorach v. Clauson."…

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)

College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic…

Discusses the "Board of Education of the Westside Community Schools v Mergens" case that was recently decided by the U.S. Supreme Court. The Court stated that refusal to allow the student Bible club to meet on school property violated the federal Equal Access Act. Presents the constitutional issues raised and the case's significance.…

With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…

The pamphlet addresses the application of the United States Constitution's First Amendment to offensive expression and expressive conduct, particularly by students, at public colleges and universities. Sections 1 through 4 summarize applicable First Amendment principles including the breadth of the First Amendment; exceptions to content-based…

Issues concerning legal liability for college student unions are examined, and guidelines are presented to reduce the risk of liability claims exposure for both the individual and the institution. General information is provided on: tort liability, civil rights liability, criminal liability, and contractual liability. In determining the potential…

School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…

Reviews current Supreme Court doctrine as tested in lower federal and state courts in three areas in which public schools are involved. Examines Court decisions on silent meditation, equal access, and baccalaureate and commencement services. Finds the issues have not been fully resolved. (DB)

This law-related education teaching resource calls attention to civil rights in the school. Julius Menacker gives an overview of major national school legislation and the federal courts' roles in the constitutional areas of equal protection, freedom of expression, and due process. Aggie Alvez offers new perspectives on the constitutional,…

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

Sketches recent struggles over censorship and student publications, beginning with the Hazelwood School District v. Kuhlmeier case. Argues the flurry of litigation concerning First Amendment rights necessitates including these concerns in social studies courses. (CH)