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…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

Many school practitioners think of poverty as a kind of "culture," characterized by dysfunctional behaviors that can only be corrected by imposing harsh discipline on students. Further, beliefs about poverty are often used to justify racial disparities in disciplinary referrals, achievement, and enrollment in gifted, AP, and honors…

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…

Presents criteria that have been clarified by recent court decisions in school finance cases and reform guidelines that have emerged from State action. (Author)

Presents divergent opinions of Justice Sandra Day O'Connor (for the plurality), Justice Antonin Scalia, and Justice Harry Blackmun in the Supreme Court decision to return the case of "O'Connor v. Ortega" (questioning the constitutionality of searching a public employee's office) to the district court. O'Connor rejected the notion that…

Evaluates the Supreme Court's decisions relating to education during the past few years and the effect that the retirement of Justice Lewis Powell will have on the balance of the Supreme Court. Discusses nominee Robert Bork and his possible effect if he becomes a member of the Supreme Court. (MD)

Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)

Although judicial influence in education seems to have faded since 1973, the federal government's diminished involvement in educational support and policymaking may result in a new wave of reform if challenges to the nonenforcement or rewriting of existing statutes providing services to disadvantaged groups are brought to court. (MJL)

A series of legal actions brought by Elmo Tatum charging the University of Nebraska with discriminatory policies is reviewed. The United States Supreme Court awarded the university damages because of the "frivolous" nature of Tatum's appeal, and the essay concludes that this may inaugurate a campaign against the flood of litigation. (MJL)

Since school busing has not desegregated schools, a plan is presented allowing students to transfer with free transportation within a school district. If this plan is not adopted, the need is cited for federal legislation that prohibits compulsory busing from placing a burden on any race. (MD)

Discusses court cases affecting womens' rights, with specific references to the articles in the October issue of Phi Delta Kappan. (JF)

Describes a study of the awareness of 299 elementary and secondary teachers and administrators from the Chicago (Illinois) area concerning U.S. Supreme Court decisions affecting the civil liberties and rights of students and teachers. The findings indicated that mechanisms for communicating Court decisions to the schools were ineffective and…

Reviews the split decision of the U.S. Supreme Court in June 1981 that upheld the authority of the Minnesota State Fair to restrict the fairground solicitation activities of the Krishna religious sect. Discusses the relevance of the case to schools and colleges that constantly face problems concerning First Amendment rights. (Author/WD)