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…

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…

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…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

A survey indicates that principals, advisors, and student editors lack adequate knowledge of First Amendment precedents involving student newspapers and tend to make judgements on the basis of self-interest rather than on the law. (Author/IRT)

This brief urges the Supreme Court to reverse the judgment of the California Supreme Court. (IRT)

This brief urges the Supreme Court to affirm the California Supreme Court decision. (IRT)

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)

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)

A district court decision that the firing of a bisexual counselor violated free speech and equal protection of the law was reversed by the Sixth Circuit Court of Appeals. Although the United States Supreme Court declined to review the case, Justices Brennan and Marshall wrote dissenting opinions claiming unresolved constitutional issues. (MLF)

A federal court held that a state law requiring one minute of meditation or prayer in the public schools is legal. (IRT)

Cites the benefits and dismisses several criticisms of school reform litigation, noting that recourse to the courts can be necessary but urging the development of alternative methods for encouraging action on needed reforms. (PGD)

Reviews pertinent court cases in a discussion of how much freedom teachers have to decide how they will teach their students. Includes cases in which teacher authority was upheld and others in which it was denied. (Author/WD)