This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

First amendment challenges to the use of mandatory student fees for abortion services have not reached federal courts, and the only pertinent state decision upheld the mandatory fee system. However, recent decisions and historical analysis suggest the court must grant relief to students whose right to free worship is violated. (Author/MSE)

This brochure presents constitutional principles and guidelines to enable schools and religious groups to work together. It states that public schools must be neutral concerning religion in all of their activities; students have the right to engage in, or decline to engage in, religious activities so long as they do not interfere with the rights…

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

It is argued that some church-related universities are both religious and academic communities, thus constituting protected exercises of religion. Attempts to coerce compliance with secular standards of nondiscrimination and academic freedom may violate the institution's rights to free exercise of religion. A Brigham Young University (Utah) policy…

When considering the issues associated with addressing faith, spirituality, and religion on campus, it is important for student affairs professionals, especially those at public colleges and universities, to be cognizant of the associated legal issues. The Constitution protects the freedom of religious exercise and against the establishment of…

The review of court cases decided in 1990 relating to higher education summarizes litigation concerning institutional powers, First Amendment law, search and seizure on campus, tort liability, institutional contracts, immunities, access to records, funding for institutions and students, employment practices, academic and disciplinary decisions,…

A review of litigation decided in 1987 relating to higher education institutions, faculty and staff, and students reflects the most important developments during the year and illustrates the dynamism and ferment on campuses. (Author/MSE)

This 1997 supplement to "The Law of Higher Education: A Comprehensive Guide to Lead Implications of Administrative Decision Making, Third Edition" (1995) (ED 383 256), includes discussions of court opinions, statutes, regulations, and related developments, and cites selected law journal articles, books, and other resources concerning the legal…