School Law Links
Ch. 2 School
and the State
Pierce v. Society of Sisters (1925) U.S.
Affirmed right of state to compel school attendance for
students between the ages of 6-18.
o Right of private
school to exist
Parents should have freedom of choice in the
education of their children
Engel v. Vitale (1962) U.S.
schools & freedom of religion
State-mandated or state-sponsored prayer, no matter how
innocuous, is contrary to the spirit and command of the First Amendment's ban
against the establishment of religion.
Murray v. Curlett (1963) U.S.
Prayer and Bible Reading
o Bible may be read
for literature only.
o Laws that require
reading the Bible and/or reciting the Lords Prayer are unconstitutional.
Lee v. Weisman (1992) U.S.
Prayer at graduation
o Prayers mandated or
organized by school officials and delivered by local clergy at graduation
exercises were unconstitutional.
Equal Access (p.62) 1984
Public Forum – Gov’ t property, park,
Limited Public Forum – School, PTA, 4H club,
Subject Matter Neutral
Non-Public Forum – Military Base
Private Property – No right to speak on
someone’s private property
Edwards v. Aguillard (1987) U.S. p.78
o Teaching creation
science with evolution violates the First Amendment’s prohibition against
establishment of religion.
Good News Club v.
Milford (2001) U.S.
o In an open forum,
can’t exclude a group because it has a religious aspect.
Hartzell v. Connell (1984) CA
Can not charge fees for extracurricular activities
Violates free school guarantee of the California
Berg v. Glen Cove (1994) New York District Court
o Allowed waivers for
immunization due to religious beliefs.
v. Hurtzman (1971) U.S.
Lemon dealt with Rhode
Island and Pennsylvania programs that supplemented the salaries of teachers in
religiously based, private schools for teaching secular subjects.
Court found states violated the Establishment Clause of
the 1st Amendment
Does the action have a secular purpose?
Does the action have an effect that neither advances nor
Does the action avoid excessive entanglement with