In "Tucker v. State of California Department of Education," the U.S. Court of Appeals for the Ninth Circuit ruled that a public employee has the right to engage in religious advocacy among fellow employees under certain circumstances. Judge Reinhardt suggests that government agencies either ban all employee displays about any topic…

Presents a role play that involves students in applying the U.S. Constitution to a case in which a school is accused of violating civil rights. Gives the facts and the issues of the case, as well as precedents of Supreme Court decisions. Encourages the students to make decisions based on legal principles. (NL)

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)

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines…

This article examines the constitutionality of educational institutions using mandatory student fees to support controversial student groups, focusing on the implications of the Smith v. Regents of the University of California, in which the California Supreme Court held the assessment of mandatory fees unconstitutional if those fees support a…

The recent Supreme Court refusal to hear a case appeal may prevent some church-related colleges from hiring only faculty sharing their beliefs. The earlier decision, involving hiring in a private elementary/secondary school, held that the institution was primarily secular, not religious by nature. (MSE)

Identifies some constitutional, statutory, and case law that has affected bilingual education in the federal courts and the state courts and legislatures. Discusses ideas about public policy within the context of the current status of bilingual education, and suggests ways to improve policy and make better informed decisions. (JB)

Federal law provides for special educational services for children from disadvantaged backgrounds and for all children with disabilities. Questions arise regarding special educational services for parochial school children. A brief introduction to the two major federal programs for compensatory and special education is followed by an analysis of…

A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…

This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

Many activities that take place in the library, including circulation and interlibrary loan and reserve requests, result in the creation of records linking clients to specific kinds of information. Several groups, including law enforcement officials, have attempted on various occasions to gain access to these records. This research paper provides…

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

A review of 16 Federal Court of Appeals cases indicates the impact of the "Connick v. Myers" case on the nature of freedom of speech in public organizations. The case involved the firing of an assistant district attorney for circulating a job satisfaction survey after she was transferred to a less desirable section of the courts. Since…