Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

Non-individualized (so-called "random") drug testing in public schools presents issues of Constitutional law on both the federal and state levels, particularly with regard to citizens' freedom from "unreasonable searches and seizures." The trend toward increasing acceptance of such testing by the courts (and particularly the U.S. Supreme Court)…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

Recent years, increasing diverse attitudes to religious education in the classroom make many private and public school face the controversy of "should religion be taught as a subject at schools?" (Kaiser, 2003; Slattery & Rapp, 2003; Wallace, Forman, Caldwell & Willis, 2003.) As a result, many administrators and teachers are making efforts in…

Research about United States Supreme Court rulings, which affect public school policy, has largely disregarded the fact that the Constitution makes no direct reference to education. A method is outlined that may be of use to educational policy makers as they seek to respond to these rulings. The case of "New Jersey v. T.L.O." (469 U.S.,…

Examines the legal and ethical framework within which the National Center for Education Statistics must work to resolve the tensions between obligations to disclose information and obligations to protect confidentiality. Discusses some approaches to reconciling the sometimes conflicting demands of applicable legal and ethical guidelines. (164…

Until the 1880s, the language of instruction and that spoken by students was dictated by the culture of the community. Although public officials advised immigrants to use American English rather than their mother tongues, no legislation was enacted mandating English as the official language of education. However, with sizeable groups of immigrants…