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) Repeal of Blaine Amendment on Florida Ballot in November; (2) Top Private Education Events of 2011; (3) New Guidance Issued on ESEA…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

When first conceived, charter schools were envisioned as local projects initiated by parents and/or groups of teachers seeking to improve the educational performance of students. In the past two decades, the phenomenon has expanded to more than 5% of all U.S. public schools and almost 3% of all students (Center for Education Reform [CER], 2009).…

Less than a decade ago, school district technology-use policies essentially focused on school computer labs and the prohibition of cell phones on campus. Today, as schools integrate technology into classroom instruction and school operations, districts are moving quickly to implement policies to encourage digital citizenship throughout the school…

This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its…

This research examined the knowledge of the first amendment to the Constitution of the United States of America possessed by teachers in two secondary high schools in East Tennessee. Additionally, an attempt to evaluate the relationship between church attendance in protestant evangelical churches and the teacher's ability to address church/state…

The U.S. Supreme Court has called America's colleges and universities "vital centers for the Nation's intellectual life," but the reality today is that many of these institutions severely restrict free speech and open debate. Speech codes--policies prohibiting student and faculty speech that would, outside the bounds of campus, be…

The practice of "standardized" testing has been embedded in United States federal education policy since at least the passage of the Elementary and Secondary Education Act of 1965. The roots of standardized testing in American education, grounded in Kantian "Modern Thought," can be traced to the U.S. Military Academy at…

This policy brief addresses federal and state constitutional issues that arise when faith-based organizations participate in state prekindergarten (pre-k) programs and recommends safeguards to ensure that public funding of those programs complies with constitutional principles respecting the separation of church and state and freedom of religion.…

In this article, we attempt to honor the rich legacy of Derrick Bell by detailing how exploring his specific contributions to critical race theory (CRT) provided lessons for developing and refining critical race pedagogy (CRP). We examine Bell's racial realism thesis in connection with his pedagogical work. In doing so, we find that he was as…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

The longest lasting and most intimate interaction with government for most Americans takes place in US public schools. The Court's choice to enter into the national religious debate intensified the rhetoric and polarized many Americans into opponents and proponents of increasing religious instruction in public schools. This work narrates the…

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

This article examines charter schools from the perspective of religious institutions and parents that may want to open such schools. Religion-based charter schools also pose unique policy and legal questions because charter schools are a singular reform method. It examines the relevant, recent and historical, legal cases, and relevant examples of…