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Sendor, Benjamin – American School Board Journal, 1997
Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, Freedom of Speech

Sanchez, J. M. – Journal of Law and Education, 1992
Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Bjorklun, Eugene C. – West's Education Law Quarterly, 1992
Examines the issue of whether implementation of the Equal Access Act would violate the constitutions of some states that require a stricter separation of church and state than the federal Constitution. (MLF)
Descriptors: Court Litigation, Federal Courts, Public Schools, School Law

Breyer, Hugh J. – Journal of Law and Education, 1991
In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Parent Rights
Horner, Jeff; Barlow, Ben – West's Education Law Quarterly, 1994
In "Lee," the Supreme Court held that prayer directed by a school official at graduation ceremonies was unconstitutional. Examines "Lee" and two subsequent decisions by the Fifth Circuit Court of Appeals: "Jones v. Clear Creek ISD" allowed prayer initiated by students; "Doe v. Duncanville ISD" prohibited a…
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, Public Schools
McKinney, Joseph R. – West's Education Law Quarterly, 1994
In "Zobrest," the Supreme Court held that a public school may provide an interpreter to a deaf student attending a parochial school. Examines the "Zobrest" decision and the interplay between special education and the Establishment Clause, and provides an analysis of the issues left unresolved by the "Zobrest" opinion.…
Descriptors: Court Litigation, Deaf Interpreting, Elementary Secondary Education, Federal Courts

Davies, Mark S. – Journal of Law and Education, 1995
Explores when district courts supervising a desegregating school district should authorize virtually integrated classrooms. Discusses the Internet and how its communication abilities and resources are used in the classroom. Argues that using the Internet to create virtually integrated classrooms can help eliminate the effects of racial segregation…
Descriptors: Court Litigation, Educational Technology, Elementary Secondary Education, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Sneed, Maree; Knevila, Kelly – Inquiry & Analysis, 1988
The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts

Broadwell, Cathy A; Walden, John C. – Journal of Law and Education, 1988
Reviews the Supreme Court's decision in "Rowley v. Hendrick Hudson School District" and its test to determine provision of a free appropriate public education. Examines court decisions since "Rowley" on whether the primary focus was whether the student was receiving a beneficial education or on procedural matters. (MLF)
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Federal Courts

Morris, Arval A. – West's Education Law Reporter, 1988
In ruling that school officials had not violated students' protection for free speech by censoring a high school newspaper, the U.S. Supreme Court declared the newspaper to be a supervised learning experience for students. Traces the course curriculum theory rationale, implications for college newspapers, and other aspects of censorship. (MLF)
Descriptors: Censorship, Court Litigation, Elementary Secondary Education, Federal Courts
Franklin, David L. – American School and University, 1985
The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools

Underwood, Julie K.; Mead, Julie F. – Journal of Law and Education, 1996
In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts

Mahon, J. Patrick – Journal of Law and Education, 1990
The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, Freedom of Speech

Hooker, Clifford P. – West's Education Law Reporter, 1988
An analysis of litigation involving teachers in their relation to the public school system between the years 1965-1986 identified the issues that have generated over 4,000 lawsuits. The findings have public policy implications for state legislatures and teacher organizations. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public School Teachers