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Dowling-Sendor, Benjamin – American School Board Journal, 2003
Analyzes New Jersey case wherein a federal district-court judge ruled that religious group had the First Amendment free-speech right to distribute flyers and permission slips to students, post notices on school walls, and participate in back-to-school night in effort to establish a student religious club in two elementary schools. (PKP)
Descriptors: Court Litigation, Elementary Schools, Freedom of Speech, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Analyzes recent U.S. Supreme Court's 5-4 decision in "Zelman v. Simmons-Harris," upholding the constitutionality of Cleveland's voucher program that provided public funds to private religious schools. Majority held that voucher program did not violate the Establishment Clause of the 14th Amendment. (PKP)
Descriptors: Court Litigation, Educational Vouchers, Elementary Secondary Education, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Discusses Louisiana case wherein a federal district court judge ruled that an elementary principal violated the Establishment Clause by distributing Bibles to students. Includes Supreme Court's three-part "Lemon" test to determine if government practice violates the Establishment Clause. (PKP)
Descriptors: Administrator Behavior, Biblical Literature, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 2001
Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…
Descriptors: Commencement Ceremonies, Federal Courts, High School Seniors, High Schools
Haynes, Charles C. – American School Board Journal, 2000
From 19th-century Protestant hegemony to today's religion-free zones, we have found no proper, constitutional role for religion and religious expression in public education. Both models are unjust and, in some cases, unconstitutional. A third model, composed of consensual guidelines, must be translated into local district policies and practices.…
Descriptors: Cultural Differences, Elementary Secondary Education, Guidelines, Protestants
Dowling-Sendor, Benjamin – American School Board Journal, 1999
In 1992, a high-school student and a math teacher sued the Cleveland Public Schools in Federal District Court, contending that the board's opening prayers violated the establishment clause and the Ohio Constitution. The 6th Circuit Court upheld this suit, saying school-board prayer differs from permissible legislative prayer. (MLH)
Descriptors: Boards of Education, Christianity, Court Litigation, Elementary Secondary Education
Cammarata, Jerry – American School Board Journal, 1998
The U.S. Supreme Court, the Congress, state legislatures, and city councils can ask for divine guidance, but public schools are denied this advantage. The First Amendment was designed to protect religious minorities from oppression by a religious majority, not to protect people from religion. Tapping into a higher power would civilize, not…
Descriptors: Constitutional Law, Elementary Secondary Education, School Prayer, State Church Separation
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Jerry Cammarata's poignant article provides a valuable opportunity to discuss the Supreme Court's wisdom in prohibiting nondenominational prayer in public schools in 1962 ("Engel v. Vitale") and to review current case law. The Constitution permits prayer chosen and spoken privately by a student, supported by family, friends, and clergy.…
Descriptors: Constitutional Law, Elementary Secondary Education, School Prayer, State Church Separation
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
Grumet, Louis – American School Board Journal, 1994
The United States Supreme Court is currently deliberating the case of "Kiryas Joel." At issue is a public school district set up specifically to meet the religious needs of an orthodox Jewish community, as the community defines them. Presents opposing arguments from the New York State School Boards Association and the National Jewish…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Hitz, Randy; Butterfield, Paula – American School Board Journal, 1994
When the debate heats up over the separation of church and state issue board members need to be keenly aware of the fine line that exists between promoting nonreligious activities in school and encouraging an antireligious sentiment. Ten reminders are given for board members and administrators to remember when addressing the issue of religion in…
Descriptors: Church Role, Compliance (Legal), Elementary Secondary Education, Legal Responsibility
Underwood, Julie – American School Board Journal, 1999
A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)
Descriptors: Constitutional Law, Educational Vouchers, Elementary Secondary Education, Misconceptions
Sendor, Benjamin – American School Board Journal, 1997
Discusses one of two June 1997 rulings on church/state separation issued by the U.S. Supreme Court. In "Agostini v. Felton," the Court reversed an earlier decision ("Aguilar v. Felton") upholding a New York City taxpayer group's claims that a Title I program's employment of public school teachers in private/parochial schools…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Legislation, Private School Aid