The American Library Association reported an "unprecedented spike" in the number of book removal requests in the final months of 2021, and most of these challenges focus on books about people from marginalized communities. Robert Kim asks whether such removals violate the First Amendment and explores how much discretion court have…

Past U.S. Supreme Court rulings have held that schools and school employees must be careful to engage in religious activities while at school that could appear to endorse a particular religion above others or coerce students to engage in religious activities. However, the June 2022 Kennedy v. Bremerton School District opinion suggests that the…

In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

Political dissent has played an important role in giving U.S. citizens a voice and promoting justice for all. But too often, Sarah Stitzlein argues, dissent is underappreciated, especially in schools. Stitzlein discusses the obstacles to teaching dissent, particularly political movements seeking to suppress curricula and ideas that are considered…

As students compete for college admission, some are tempted by invitations to join honor societies that promise learning opportunities, scholarships, and a leg up in the college admission process. Yvonne Vissing explains how these organization target millions of students each year, encouraging them to purchase "opportunities" that fail…

Sixty-five years after the landmark U.S. Supreme Court case Brown v. Board of Education, the federal and judicial role in school desegregation has declined. In a more difficult political and legal environment, it has fallen on school districts to develop and implement voluntary integration plans through diversity-minded student assignment…

Today, our schools are more racially segregated than at any time in the last 40 years, mainly because the neighborhoods in which they are located are themselves racially segregated. Yet, the U.S. Supreme Court, in its 2007 Parents Involved ruling, prohibited school districts from implementing even modest race-conscious desegregation plans. If…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

The current canons of education are replete with suggestions for how to raise the achievement of Hispanic and Latino students. Absent from that discussion is what to teach them in a way that anchors them to their uniquely American culture and history. The author considers how Mexican-American history is often taught as if it were an offshoot of…

How educators, school board members, taxpayers, voters, parents, and students design a school calendar, in terms of both process and product, should be a reflection of how we desire to accommodate and conform diverse faiths within our communities. If, according to Dewey, the school is a reflection of society, then what does the inability to…

Presents a historical, national, and legal overview of home schooling. Reviews official responses and constitutional limits on state regulation and offers suggestions on ways that public educators and home-schoolers can improve their relationship. Recommends that public officials take initial steps to bridge the communication gap. (CJH)

Describes extensive litigation resulting from a geography teacher's characterization of a German-American student as a neo-Nazi. Making a federal case out of this matter was misguided, though "hostile atmosphere" litigation is increasing. Parents could have pursued administrative action through the board of education. Umbrella "hate…

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…

Discusses a California case involving a tenured professor's controversial teaching style, which focused on "obscene" topics and assignments that allegedly humiliated female students. The professor eventually prevailed in a Ninth Circuit appeal. The lesson: when attempting to eradicate sexual harassment, we cannot abandon important First…

Recent studies indicate that sexual harassment in schools is pervasive. Verbal harassment (degrading epithets, comments, and allusions) is most prevalent, but girls are also disturbed by physical manifestations. Harassing behavior affects school atmosphere and students' educational choices. Issues involving cultural diversity, free speech, false…