To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1)…

This "fastback" examines the U.S. Supreme Court decisions and a few lower court decisions concerning religion and education rendered in the 1980s, and for background purposes, it also includes some decisions prior to the 1980s. The first of four parts discusses cases pertaining to prayer and religious activities in school. Included in…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

This paper presents arguments in favor of, and legal and constitutional guidelines for, religious released time education programs as a workable counterbalance for those concerned with the trend toward secularism in public education. The guidelines are necessarily general, because laws regarding the authority of school districts to adopt released…

Reviews the activities of the New Christian Right (NCR) related to teaching evolution in the public schools. Describes the effects of legislation and court litigation on the NCR's efforts to eliminate secular humanism from textbooks. Provides an NCR definition of secular humanism. (LS)

During the first 6 months of 1996, a task force of teachers, administrators, and community members in the Lane Education Service District (Eugene, Oregon) studied issues and practices related to teaching about religion in public school classrooms. The task force sought to develop a framework for teaching about religion and its appropriate…

This document contains four papers that address constitutional issues of religious diversity in the schools. The first paper, "Religious Diversity in the Schools--The Overview" (George J. Michel), provides an overview of religious diversity in American public schools, with a focus on the long history of cooperation with Christian churches. It…

This chapter reports on legislative activity and court litigation during 1983 on issues relating to school prayer. Eighteen bills and resolutions have been introduced in the 98th Congress on this issue; 7 relate to voluntary prayer, 4 to equal access, and 3 are concurrent resolutions, not legislative in nature, expressing the belief that periods…

Senate Joint Resolution 2 calls for an amendment to the U.S. Constitution to allow voluntary silent prayer or reflection in public schools. The hearing report consists of testimony on the proposed legislation by expert witnesses, prepared statements by various individuals and organizations, and newspaper article reprints and Supreme Court opinions…

A constitutional analysis is presented of the Establishment Clause of the First Amendment of Senate Bill 550, the Packwood-Moynihan proposal for federal tuition tax credits for parents who pay tuition in order to send their children to a nonpublic school. The Supreme Court has developed a three-part standard under the Establishment Clause: the…

To help public schools minimize litigation, this newsletter recommends constitutional and legal training for public school officials and examines relevant court cases involving school official liability, intelligence tests, and religion in the schools. According to the authors, the Maine v. Thiboutot and Owen v. City of Independence cases…

Focusing on the protection of Native American places of worship and religious property, this monograph cites several pertinent guarantees of religious freedom found in constitutional or treaty laws, and in court decisions; and gives samples of their abuse throughout history. These guarantees of Native rights are found in the First and Fifth…

The role of religion in American society has been ignored by textbook publishers and is not being taught in U.S. schools. The support for the separation of church and state is eroding as a result. Includes a sidebar providing supplementary resource materials on religion for use by teachers. (MD)

In "Tucker v. State of California Department of Education," the U.S. Court of Appeals for the Ninth Circuit ruled that a public employee has the right to engage in religious advocacy among fellow employees under certain circumstances. Judge Reinhardt suggests that government agencies either ban all employee displays about any topic…

Reviews current Supreme Court doctrine as tested in lower federal and state courts in three areas in which public schools are involved. Examines Court decisions on silent meditation, equal access, and baccalaureate and commencement services. Finds the issues have not been fully resolved. (DB)