Addresses theories of constitutional tort liability of school districts and supervisors under the federal Civil Rights Act of 1871, based upon sexual misconduct of supervised teachers with students, on the ground that such abuse amounts to a deprivation of the student's constitutional right to bodily security. (MLF)

In 1985 the United States Supreme Court concluded that the Fourth Amendment's prohibition against unreasonable searches and seizures does apply to public school officials. Offers some hypothetical examples for public school officials to consider regarding mandatory urine testing and the reasonable suspicion standard. (MLF)

Examines case law as it has developed regarding the constitutionality of school vouchers under both federal and state law; discusses issues of federalism related to state constitutional provisions; and explores the emerging role of the Religious Freedom Restoration Act. (75 footnotes) (MLF)

The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…

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.,…

The first chapter of this monograph on sport law presents tort issues, primarily negligence. A discussion of some fundamental negligence concepts is followed by three sections devoted to the prime risk areas in school and collegiate settings. A review of the principles of risk management is included. The second chapter focuses on contractual…

The purpose of this booklet is to clarify what can be taught about religion in public schools while remaining within constitutional guidelines and using teaching material that is pedagogically sound. The first section, "Religion is a Fact of Life," covers the historical background, the current situation, and issues to resolve in teaching about…

This paper examines four issues related to religion and the public schools: (1) released-time education; (2) variations in interpretation of court decisions; (3) teacher attitudes toward religious instruction; and (4) freedom of religious expression. Released-time education programs were held to be constitutional in "Zorach v. Clauson."…

The memorandum opinion constituting the district court's findings in the case of Arkansas' state law mandating instruction on creation in public schools is presented. Plaintiffs in the suit include Jewish and Christian individuals and organizations and those concerned with academic freedom issues. Defendants include state education officials and…

Student religious groups and individuals have rights equal to those of any other student groups or individuals to expression and exercise of their beliefs. Available from the Christian Legal Society, Box 2069, Oak Park, Illinois 60303; $5.00 per year. (Author/IRT)

Describes two federal court cases concerning objections to public school textbooks. In "Smith v. Board of School Commissioners of Mobile County," parents attempted to eliminate objectionable content from textbooks through the Establishment Clause. In "Mozert v. Hawkins County Public Schools," parents wanted to remove children…

Reviews the continuing legal and political battles against corporal punishment and discusses the legal future of corporal punishment in view of social and legislative changes since "Ingraham." (81 footnotes) (MLF)

Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)

Reviews how federal courts applied the "state-created danger" theory in the school setting. The courts ask when, if ever, does a school district owe an affirmative constitutional duty to protect students from private violence at school. Examines those cases, with emphasis on elements a student must prove in order to hold the school…

This paper argues that the fundamental purpose of public education is preparation for citizenship and democratic participation through the inculcation of American democratic values. These values are codified by the Constitution and are further illuminated by the nation's courts and other public institutions. The paper calls for a recommitment to…