Examines the Smith John case--in which the United States Supreme Court secured official recognition of the Mississippi Band of Choctaw as a tribe--as an example of "rhetorical games" used by different cultural groups to manipulate each other. Suggests alternative rhetorical strategies that would benefit the state and the Mississippi…

This lesson plan about Indiana's court system is designed to work with any classroom resources a teacher may use when teaching a U.S. history, government, or Indiana history class. The lesson also provides online suggestions, general legal links at the end of the lesson to aid a teacher or student interested in exploring other legal topics, and a…

This monograph was designed to assist school attorneys, school board members, and administrators in their efforts to prevent, respond to, and defend against claims of sexual harassment by employees. It includes discussion of the law relating to harassment of employees by other employees and employee harassment of students. Practical advice is…

The North Carolina Supreme Court considered the Federal separate-but-equal mandate as manifesting the law of nature. Separation of Black and White children was justified on grounds that their differences were so great that any attempt to educate them together would be dangerous to the State's welfare. (CMG)

The 1981 court trial concerning a challenge to the constitutionality of Arkansas' Act 590, the Balanced Treatment for Creation-Science and Evolution-Science Act, is described in detail. Arguments, courtroom strategies, and personalities are discussed, and the ruling of unconstitutionality is outlined. (MSE)

Describes a Nebraska case where a signing bonus awarded to a new teacher was contested by the teachers' association. Provides a two-part legal reminder to school authorities. Does the state have a collective bargaining law that mandates bargaining in such situations? If so, negotiate the matter into a clearly provable agreement. (Author/MLF)

Discusses such topics as President Bush's proposed low-income tax credits for child care; the Act for Better Child Care Services; the coming Americanization of child care in Great Britain; and state courts' upholding of church day care licensing exemptions. (BB)

Every state constitution, except that of Mississippi, has a provision for free public education. Explores the differences and similarities in language between the education clauses, the interpretation of education-clause language in school-finance litigation from 1973 to 1992, and how the differences in language might affect the outcome of future…

Traces the history of legal rulings leading up to the Edwards vs. Aguillard decision by the Supreme Court that it is unconstitutional to mandate "balanced treatment" and "equal time" for teaching creationism along with evolution in school science classes. Contains 17 references. (WRM)

Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…

Describes legal standard of reasonable suspicion for school officials to conduct student searches in public schools and court cases interpreting that standard. Discusses probable-cause standard for student searches by law-enforcement officials, voluntary student searches, and individual versus random searches. Recommends two practices to reduce…

Reviews 30 years of state efforts to support school-facilities construction and renovation in Texas. Describes recent state programs to provide direct funding for school facilities: Instructional Facilities Allotment, Existing Debt Allotment, and New Instructional Facilities Allotment. Although state funding of school facilities has increased,…

"Adequacy lawsuits" have emerged as an alternative strategy in pursuit of improved public education in America. Plaintiffs allege insufficient resources to provide students with the quality of education promised in their state's constitution, hoping the courts will step in and order the state to increase its level of aid. Since 1980, 45…

This paper explores some of the implications of compulsory education for public and private schools and for home schooling. Data were derived from interviews conducted with approximately 120 education leaders in 15 states and with state officials in all states and U.S. territories. Following the introduction, the first part reviews compulsory…

State litigation involving unconstitutional school financing systems are described in this document, which focuses on efforts in Texas to reform the financing of public education. Since its school finance system was declared unconstitutional in 1987, two subsequent proposals have been struck down by the Texas Supreme Court for the following…