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Dowling-Sendor, Benjamin – American School Board Journal, 2003
A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)
Descriptors: Board of Education Policy, Censorship, Court Litigation, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2003
In "Barrow" the 5th Circuit erected a very high burden of proof for school districts to show that policies requiring employees to live within the district are necessary to sustain public confidence in public schools. (Author/MLF)
Descriptors: Board of Education Policy, Constitutional Law, Due Process, Enrollment
Dowling-Sendor, Benjamin – American School Board Journal, 2003
Analyzes free-speech challenge to school district's guidelines for acceptable expressions on ceramic tiles painted by Columbine High School students to express their feelings about the massacre. Tenth Circuit found that tile painting constituted school-sponsored speech and thus district had the constitutional authority under "Hazelwood School…
Descriptors: Court Litigation, Freedom of Speech, High Schools, Student Rights
Dowling-Sendor, Benjamin – American School Board Journal, 2003
Analyzes federal case involving suspension of New Jersey high school student for wearing a T-shirt listing top 10 reasons for being a "redneck" in violation of district's racial harassment policy. Court upheld the policy with a minor exception, but ruled its application to the student's "redneck" T-shirt violated his First…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
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
Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Schools, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2001
In a Sixth Circuit Court decision, Judge Harry Welford concluded that the First Amendment did not prohibit an Ohio school district from banning Marilyn Manson T-shirts under the district's constitutional authority to regulate student speech (disruptive behavior) that conflicts with its basic educational mission. (MLH)
Descriptors: Court Litigation, Dress Codes, Due Process, Freedom of Speech
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…
Descriptors: Boards of Education, Confidentiality, Contracts, Dismissal (Personnel)
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
Glasser, Ira – American School Board Journal, 1992
By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…
Descriptors: Board of Education Role, Constitutional Law, Court Litigation, Democracy
Sendor, Benjamin – American School Board Journal, 1984
The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)
Descriptors: Civil Liberties, Court Litigation, Dissent, Federal Courts
Sendor, Benjamin – American School Board Journal, 1984
Recent court decisions on student religious groups and the Equal Access Act passed by Congress conflict on interpretation of the Constitution. Until a Supreme Court decision resolves the issues, school boards in jurisdictions affected by the decisions should obey the rulings; others should get legal advice. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Extracurricular Activities, Government Role
Sendor, Benjamin – American School Board Journal, 1985
Two court cases involving parental objections to a school's curriculum on religious grounds carry important implications for the balance of control school boards and parents exert over the public school curriculum. (TE)
Descriptors: Court Litigation, Curriculum Problems, Elementary Secondary Education, Parent Rights
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
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