The legal debate over religious freedom in public schools involves the aspects of control of education, definition of religion, and religious expression. Cites conflicting judicial decisions and states the issues the Supreme Court must resolve. (MLF)

Chapter 3

The recent growth of school-related laws and regulations has magnified the court role in setting education policies through legal decision. State courts have traditionally played a primary role in disposing of education disputes, but their role has diminished while the federal court role has increased. This is due to a lag between state and…

A NATIONAL SURVEY WAS CONDUCTED TO IDENTIFY THE RELATIONSHIPS OF SUBSTANTIVE (WRITTEN) AND COMMON LAW TO THE ORGANIZATION AND OPERATION OF NONPUBLIC U.S. COLLEGES AND UNIVERSITIES. A MULTIPHASED PROCEDURE WAS EMPLOYED. INITIALLY, LITERATURE WAS REVIEWED TO TRACE THE HISTORICAL-LEGAL DEVELOPMENT OF NONPUBLIC HIGHER EDUCATION IN THE UNITED STATES.…

After reviewing the results of local regulation of cable television, the author feels that local governments are not fully capable of properly administering and regulating a cable system. (The Federal Communications Commission (FCC) agrees that this job should be the states' responsibility.) The article then reviews the structure of the current…

Legal aspects of the controversy surrounding sex education in the public schools are examined; the issue is placed in historical perspective; and implications for school administrators are drawn. Court decisions concerning the rights of parents, religious groups, and the state to determine curriculum content are summarized. (PP)

A new argument is made for school finance equalization, based not on "equal protection" or "equal educational opportunity," but on constitutional requirements for tax equity in New Hampshire. Since inequalities in school finance are a taxation problem, they call for tax reform. The analyses rest on four points: (1) that…

The document is the report of the chancellor of the University of Mississippi about the university's role in the case of James Meredith. Presented is the history of the case from the university's viewpoint--Meredith's initial application for admission, the subsequent legal suit and appeals, the U.S. Supreme Court decision ordering his admission,…

Title VI of the Civil Rights Act of 1964 and the Equal Educational Opportunities Act (EEOA) of 1974 impose an affirmative obligation on the states to rectify the language deficiencies of non-English-speaking students but do not specify a particular remedy, leaving it to State and local educational authorities to determine which programs, methods,…

Another in the Contemporary Legal Education Series, this book questions how the law and the legal system have contributed to the support or destruction of separatist tendencies "in a context where there has been a rather formal debate on the precise issues of assimilation and preservation of cultural identity". The book is designed (1)…

Examines the present status of curriculum laws, the constitutional rights of those who oppose curriculum laws, and the possible impact of reduced local property taxes on state-mandated curricula. Available from Willamette University College of Law, Salem, OR 97301. (Author/IRT)

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses the role that states' constitutional mandates play in education finance. It examines why, when one of the few constitutionally shared responsibilities of all 50 states is the provision of education,…

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (MLW)

Details the legal historical influences at work on behalf of the state's authority to establish, revise, and disestablish schools and districts. Speculates on the future of the territorial basis of mass education, in light of legal battles of the past and present and the postmodern development of educational technology. (Author/KS)

Due to various factors, legal and jurisdictional issues often hinder the administration and delivery of Social and Rehabilitation Service (SRS) services on reservations. Focusing on child welfare programs, legal and jurisdictional problems concerning the delivery of SRS services on reservations and the means of coping with them were explored…