Non-individualized (so-called "random") drug testing in public schools presents issues of Constitutional law on both the federal and state levels, particularly with regard to citizens' freedom from "unreasonable searches and seizures." The trend toward increasing acceptance of such testing by the courts (and particularly the U.S. Supreme Court)…

When first conceived, charter schools were envisioned as local projects initiated by parents and/or groups of teachers seeking to improve the educational performance of students. In the past two decades, the phenomenon has expanded to more than 5% of all U.S. public schools and almost 3% of all students (Center for Education Reform [CER], 2009).…

Less than a decade ago, school district technology-use policies essentially focused on school computer labs and the prohibition of cell phones on campus. Today, as schools integrate technology into classroom instruction and school operations, districts are moving quickly to implement policies to encourage digital citizenship throughout the school…

Understanding what motivates people to challenge books and how community members react to these challenges can help librarians find better ways to work with challengers to come to equitable solutions. This study focused on the motives behind challenges to the acclaimed children's book "And Tango Makes Three" and the reasoning given by…

This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its…

The South African Constitution guarantees the right to basic education for all learners, including children of immigrants from across the country's borders. In view of this constitutional imperative, the Department of Basic Education is mandated to provide quality education to all learners, irrespective of their socio-economic and other…

America's colleges and universities are supposed to be strongholds of classically liberal ideals, including the protection of individual rights and openness to debate and inquiry. Too often, this is not the case. Across the country, universities deny students and faculty their fundamental rights to freedom of speech and expression. The report…

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…

The U.S. Supreme Court has called America's colleges and universities "vital centers for the Nation's intellectual life," but the reality today is that many of these institutions severely restrict free speech and open debate. Speech codes--policies prohibiting student and faculty speech that would, outside the bounds of campus, be…

The practice of "standardized" testing has been embedded in United States federal education policy since at least the passage of the Elementary and Secondary Education Act of 1965. The roots of standardized testing in American education, grounded in Kantian "Modern Thought," can be traced to the U.S. Military Academy at…

Affirmative action (AA) is one of the most suitable mechanisms to promote equity and social justice in education in India. This essay deals with the impact of the different conceptualizations of AA in terms of its vision and the historic approaches to social inequalities in India. Primarily focusing on the various perspectives of affirmative…

This policy brief addresses federal and state constitutional issues that arise when faith-based organizations participate in state prekindergarten (pre-k) programs and recommends safeguards to ensure that public funding of those programs complies with constitutional principles respecting the separation of church and state and freedom of religion.…

In this article, we attempt to honor the rich legacy of Derrick Bell by detailing how exploring his specific contributions to critical race theory (CRT) provided lessons for developing and refining critical race pedagogy (CRP). We examine Bell's racial realism thesis in connection with his pedagogical work. In doing so, we find that he was as…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

The longest lasting and most intimate interaction with government for most Americans takes place in US public schools. The Court's choice to enter into the national religious debate intensified the rhetoric and polarized many Americans into opponents and proponents of increasing religious instruction in public schools. This work narrates the…