A modified analysis of the "Lemon" test as set forth in Supreme Court opinions is explained, and relevant lower court cases are reviewed. Determines that the modified standard is heightened and consistently applied within K-12 education activities. (MLF)

In 1985 the Illinois Legislature revised its Juvenile Court Act and sections of the criminal code to get tough on juvenile crime and school-related crime. The Illinois Supreme Court rejected a challenge to the act. Greater legislative and judicial support is a national trend to control school violence. (MLF)

Institutional responsibility for hazing injuries was called into question in a Delaware Superior Court in the case of "Furek v. University of Delaware." In ruling in the university's favor, the court signaled that universities may move to eliminate hazing without unreasonable fear of creating institutional liability for hazing incidents.…

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Presents three differing perspectives from American Bar Association members on whether television cameras should be allowed in the courtroom. Contends that cameras should be allowed with differing degrees of certainty: cameras truly open the courts to the public; cameras must be strategically placed; and cameras should be used only with the…

Examined the results from the first year (1998) of the Arizona Education Tax Credit program, a law that allows individuals a dollar-for-dollar credit up to $500 for donations to private schools and a credit up to $200 for donations to public schools. Concludes that the credit increases educational inequity in Arizona, where those who are well off…

In "Wood," a dismissed employee sued the school district, the board, and three board members for violating Washington's Open Public Meetings Act (OPMA). The Court of Appeals ruled that e-mail exchanges between board members discussing board business are "meetings" governed by OPMA. Board members should review state law with…

Public spending for MR/DD services grew rapidly during FYs 2000-2002. This rapid growth was followed by reductions in spending for MR/DD services as the nation's economy declined during 2002-2004. However, convergent factors stimulating future expansion of funding and services for persons with MR/DD include rapidly expanding cohorts of aging…

Proponents of school choice are looking for ways to make school choice that includes private and religious schools legally sound. This paper describes how a carefully designed plan for universal school choice would be consistent with key rulings of the United States Supreme Court and the Minnesota Supreme Court. The paper first describes the 1971…

State supreme courts have had major impacts on education policy and service delivery in recent years through their rulings on the constitutionality of existing school-finance systems. This paper reviews the legal context against which current debates about the merits of alternative plans for school-finance reform are being played out. It reviews…

Two landmark cases, "Serrano v Priest" (1971) and "Rodriguez v San Antonio" (1973) catapulted school finance litigation onto the political and educational scene. In their aftermath, 11 state supreme courts had ruled school funding systems unconstitutional while 12 state systems have been upheld as constitutional. Many…

This monograph contains five presentations delivered during the course of an attempt made in November 1992 to amend the state constitution of Illinois in such a way as to make education a fundamental constitutional right. The effort failed to garner the 60 percent of the vote required to pass the amendment. These presentations made a strong…

This study examined state trends in higher education finance over the 20-year period from 1977 to 1996. Data on state higher education appropriations were obtained from the Grapevine database, while additional data on population, personal income, and college enrollment were obtained from the Bureau of the Census and the National Center for…

Recent developments in school finance litigation are described in this document, which examines the legal bases for school finance challenges and the nature of the inequities that plaintiffs seek to prove. The first section summarizes the legal theories upon which the challenges have been based. Section 2 focuses upon plaintiffs' arguments in the…