The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

An analysis of the jurisprudence related to religious schools and public funding, grounded in the interpretation of the Establishment Clause and the Free Exercise Clause of the First Amendment, suggests that religious charter schools may be constitutionally permissible. Moreover, recent Supreme Court cases may provide a stronger argument for…

Background: Over the past decade, courts and administrative agencies increasingly have considered cases that involve clashes between charter school proponents and teacher unions. While these cases have focused on a range of education policy issues, some cases have focused on arguably the most important legal and policy distinction applicable to…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

This article analyzes the arguments presented in recent federal court appeals concerning the rights of transgender students in America's public schools. Specifically, the applicability of Title IX and the Equal Protection Clause of the US Constitution to the rights of transgender students is examined.

Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…

Christianity is one of the cultural and ethical cornerstones of Europe. In the European Union (EU) there is no overarching policy on religious education (RE) in the school system. The authors use a comparative methodology to analyze the constitutions of Western European countries in relation to different aspects of RE. Specifically, it is focused…

This article provides an overview of non-religion-based state constitutional challenges to educational voucher and tax credit/scholarship programs. The first section discusses litigation examining whether education voucher programs violate constitutional provisions requiring the legislature to provide an efficient system of public schools. The…

In 1997 the Tenth Circuit U.S. Court of Appeals ruled that school officials at West High School did not violate Rachel Bauchman's constitutional rights by including Christian religious music as part of its curriculum, or by staging school performances at religious sites. Three philosophical questions are investigated in this paper: whether the…

Part of the Center for Education Equity's "Exploring Equity Issues" series, this paper gives a background on religious discrimination in schools and provides strategies on what schools can do to address and resolve these problems. The First Amendment to the United States Constitution establishes the right to the free exercise of…

In American jurisprudence, there can be no presumption of constitutional rights coextensive with those of adults for children in any institutional context. This includes public schools, in part because of the legal status of minors and in part because the "special characteristics of the school environment" are predicated on a…

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…