The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

The freedom of conscience and belief can be defined as the freedom of people in what they wish to believe without the compulsion of political power and other people by means of laws and other means. The belief of religion that can be accepted as the natural extension of the freedom of conscience and belief is to be free in doing the requirements…

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,…

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…

In today's public secondary schools, administrators face challenges that prior generations never anticipated, one of which is the T-shirt conundrum. The T-shirts that students wear to class contain all sorts of messages and images, many of which administrators may well consider inappropriate. This article is intended to help beleaguered educators…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre's constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl's "Ave…

In this essay Bryan Warnick explores how rights to religious expression should be understood for students in public schools. Warnick frames student religious rights as a debate between the conflicting values associated with the Free Exercise Clause and the values associated with the Establishment Clause of the United States Constitution. He then…

Debate continues over the place of religious expression, including music, in public schools. In "Nurre v. Whitehead" (2009), a high school senior in Washington sued the superintendent for denying the wind ensemble that she was part of the opportunity to perform an instrumental version of "Ave Maria" at her commencement ceremony due to its…

This research examined the knowledge of the first amendment to the Constitution of the United States of America possessed by teachers in two secondary high schools in East Tennessee. Additionally, an attempt to evaluate the relationship between church attendance in protestant evangelical churches and the teacher's ability to address church/state…

This article discusses the steady stream of litigation that emerged shortly after the Pledge of Allegiance was introduced in 1892. The constitutionality of requiring students to take part in its daily recitation in schools continues to be challenged. Parents who objected to the statute and the words "under God" in the pledge filed suit, alleging…

Public school leaders must be certain that students' freedom of expression rights are not suppressed based on a conflict with their own personal views. School leaders must also refrain from regulating student expression based solely on content, unless there is evidence that speech content creates material and substantial disruption to school…

Reviews the proposed Constitutional amendment regulating voluntary prayer in public schools, and charges that it would undermine precedents ensuring the separation of church and state. Discusses the nature of prayer and the role of the public schools. (JAC)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…