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Zirkel, Perry A. – Phi Delta Kappan, 1997
By overruling both "Aguilar v. Felton" and its companion case, "School District of Grand Rapids v. Ball" as inconsistent with their current understanding of the Establishment Clause, U.S. Supreme Court majority held that "a federally funded program providing supplemental, remedial instruction to disadvantaged children on a…
Descriptors: Court Litigation, Disadvantaged, Elementary Secondary Education, Remedial Programs
Zirkel, Perry A. – Phi Delta Kappan, 2003
Analyzes California case ("Newdow v. U.S. Congress") involving Constit utional challenge to the phrase "under God" in the Pledge of Allegiance wherein the Ninth Circuit Court of Appeals held that the phrase violated the Establishment Clause requiring state-church separation. (Contains 11 references.) (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, State Church Separation
McCarthy, Martha M. – Phi Delta Kappan, 1993
Since the Supreme Court's 1992 "Lee v. Weisman" decision, holding that the First Amendment's establishment clause precluded school-sponsored graduation prayers, school officials have struggled to avoid lawsuits while satisfying community preferences. Efforts to circumvent this decision have resulted in "noncoercive"…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Legal Problems
Barber, Larry W. – Phi Delta Kappan, 1993
Prayer at school-sponsored events became significant issue in many communities, in wake of Supreme Court's decision in "Lee v. Weisman.""Phi Delta Kappan" survey was conducted to discover how school districts handled graduation prayer. Of 1,491 responding districts, 46% included some form of prayer at formal commencement…
Descriptors: Commencement Ceremonies, Court Litigation, High Schools, Public Schools
Huefner, Steven – Phi Delta Kappan, 1991
The establishment clause is a critical protection in our society, but it can be misconstrued. In "Zobrest v. Catalina Foothills School District," the U.S. District Court in Arizona, following "Aguilar v. Felton" without discussion, denied a deaf boy attending a religiously affiliated school an interpreter. Using vouchers for…
Descriptors: Court Litigation, Deaf Interpreting, Disabilities, Educational Vouchers
Zirkel, Perry A. – Phi Delta Kappan, 1998
Summarizes a complex case involving a reopened Minnesota elementary school serving children of the Brethren, a religious group that had earlier bought the school. Although no religious instruction occurred there, two taxpayers successfully sued the district. The Eighth Circuit Court of Appeals reversed this decision, noting the secular nature of…
Descriptors: Court Litigation, Educational Technology, Elementary Education, Public Schools
McCarthy, Martha M. – Phi Delta Kappan, 2000
The central federal question surrounding vouchers is whether participation of sectarian schools violates the First Amendment's Establishment clause. The U.S. Supreme Court, through its interpretation of the federal Constitution, may have the final word in determining voucher proposals' future. Litigation in Cleveland, Milwaukee, Vermont, and Maine…
Descriptors: Court Litigation, Educational Vouchers, Elementary Secondary Education, Parochial Schools