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Case Law for Religion in School edited The information in this document is from School Law and Public Education Sixth Edition by Natha…

The information in this document is from School Law and Public Education Sixth Edition by Nathan Essex
Timeline of Religion in U.S. Public Schools
Case
Year
Summary of Ruling
Reynolds v. United States
1879
FORMATIVE CASELAW- Separation of Church and State under the First Amendment. This applies at a federal level.
Scopes v. State
1927
Theory of Evolution
Cochran v. Louisiana State Board of Education
1930
Aid to Parochial/ Religious Schools-
Cantwell v. Connecticut
1940
FORMATIVE CASELAW- Seperation of Church and State under the Fourteenth Amendment. This applies at a state level.
Harfst v. Hoegen
1942
Use of Religious Garb by Teachers
Emerson v. Board of Education of the Township of Ewing
1947
FORMATIVE CASELAW- Schools can neither aid nor inhibit religion. The state must stay nuetral.
People of the State of Illinois ex rel. McCollum v. Board of Education of District No. 71
1948
Religious Activities and Holiday Programs
Zorach v. Clauson U.S. Supreme Court
1952
Release Time for Religious Instruction
Tudor v. Board of Education of Borough of Rutherford
1953
Distribution of Religious Materials
Engel v. Vitale
1962
FORMATIVE CASELAW- Sponsored Prayer- ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
Lawrence v. Buchmuller
1963
Religious Displays-
School District of Abington Township v. Schempp; Murray v. Curlett
1965
School-Sponsored Prayer
Epperson v. Arkansas
1968
Theory of Evolution
Lemon v. Kurtzman
1971
FORMATIVE CASELAW- This case established the Lemon Test which determines that a government action must meet the three prongs in order to not violate the establishment clause: (1) The statute must have a secular legislative purpose. (Also known as the Purpose Prong)
(2) The principal or primary effect of the statute must not advance nor inhibit religion. (Also known as the Effect Prong)
(3) 3The statute must not result in an "excessive government entanglement" with religion. (Also known as the Entanglement Prong)
Lemon v. Kurtzman
1971
Prayer at School Events-
Solan v. Lemon
1973
Aid to Parochial/ Religious Schools-
Meek v. Pittenger
1975
Aid to Parochial/ Religious Schools-
Elod v. Burns
1976
Teaching Bible in Public Schools
Meltzer v. Board of Public Instruction of Orange County
1978
Distribution of Religious Materials
Florey v. Sioux Falls School District
1979
Religious Activities and Holiday Programs
Wiley v. Franklin
1979
Teaching Bible in Public Schools
Ring v. Grand Folks School Districe No. 1
1980
Ten Commadments Displayed at Schools-
Stone v. Graham
1980
Ten Commadments Displayed at Schools-
Stone v. Graham
1980
Teaching Bible in Public Schools
Palmer v. Board of Education of the City of Chicago
1980
Religious Freedoms Involving Teachers
Lanner v. Wimmer
1981
Release Time for Religious Instruction
Mueller v. Allen
1983
Aid to Parochial/ Religious Schools-
Lynch v. Donnelly
1984
FORMATIVE CASELAW- This case created the Endorsement Test that says that certian government actions can function as an endorsment of religion to a reasonalble observer. State institutions, including schools should not endorse religion. Instead they should be neutral.
Wallace v. Jaffree
1985
Silent Prayer of Meditation
Aguilar v. Felton
1985
Aid to Parochial/ Religious Schools-
Agostini v. Felton
1985
Aid to Parochial/ Religious Schools-
School District of the City of Grand Rapidsv. Ball
1985
Aid to Parochial/ Religious Schools-
Bender v. Williams Sport
1986
Use of School Facilities by Student Religious Groups-
May v. Evansville
1986
Religious Rights of Teachers
Hysong v. Evansville
1986
Use of Religious Garb by Teachers
Edwards v. Aguillard
1987
Theory of Evolution
Wallace v. Washoe County District
1988
Use of School Facilities by Outside Religious Groups-
County of Allegheny v. ACLU
1989
FORMATIVE CASELAW- This case created the Coercion Test which states that the establishment clause is not broken unless the state provides direct aid to a religion. This aid can be creating a situation where those outside the religion are seen as the 'other' and it detrimentlay affects them in the community.
Jager v. Douglas County School District
1989
Prayer at School Events-
Mergens v. Board of Education of the Westside Community Schools
1990
Use of School Facilities by Student Religious Groups-
Gregoire v. Centennial School District
1990
Use of School Facilities by Outside Religious Groups-
Sands v. Morongo Unified School District
1991
Prayer at School Events-
Jones v. Clear Creek Independent School District
1992
Prayer at School Events-
Clark v. Dallas Independent School
1992
Use of School Facilities by Student Religious Groups-
Lamb's Chapel v. Center Moriches School District
1993
Use of School Facilities by Outside Religious Groups-
Ingebrestsen v. Jackson Public School District
1994
School-Sponsored Prayer
Adler v. Duval County School Board
1994
Prayer at School Events-
Washegesic v. Bloomindael Public Schools
1994
Religious Displays-
Johnso-Loehner v. O'Brien
1994
Distribution of Religious Materials
Schanou v. Lancaster County School District No. 116
1994
Distribution of Religious Materials
Bronx Household of Faith v. Community Schhol District No. 10
1997
Use of School Facilities by Outside Religious Groups-
Gibson v. Lee County Board of Education
1998
Teaching Bible in Public Schools
Holloman v. Harland
1999
Prayer at School Events-
Coles v. Cleveland Board of Education
1999
Prayer at School Board Meetings-
Freiler v. Tangipachoa Parich Board of Education
1999
Theory of Evolution
Good News Club v. Milford Central School
1999
Use of Religious Garb by Teachers
Santa Fe Independent School District v. Jane Doe
2000
Prayer at School Events-
Chandler v. Siegelman
2000
Prayer at School Events-
Mitchell v. Helms
2000
Aid to Parochial/ Religious Schools-
Galloway v. Town of Greece
2002
Prayer at Legislative Meetings-
Newdow v. United States
2002
Pledge of Allegiance
Hansen v. Ann Arbor Public Schools
2003
Prayer at School Events-
Nichol v. Arin Intermediate Unit 28
2003
Use of Religious Garb by Teachers
Bannon v. School District of Palm Beach County
2004
Prayer at School Events-
Tyler Chase Harper v. Poway Unified School District
2004
Prayer at School Events-
Nixon v. Northern Local District Board of Education
2005
Prayer at School Events-
McCreary County, Kentucky v. ACLU of Kentucky
2005
Ten Commadments Displayed at Schools-
Van Orden v. Perry
2005
Ten Commadments Displayed at Schools-
Selman v. Cobb County School District
2005
Theory of Evolution
Golden v. Rossford Exempted Village District School Dist.
2006
Use of School Facilities by Student Religious Groups-
Kitzmiller v. Dover Area School District
2006
Intellegent Design-- ID curriculum does not pass the Lemon test
Weibaum v. City of Las Cruces, New Mexico
2008
Religious Displays-
Truth v. Kent School District
2009
Use of School Facilities by Student Religious Groups-
Nurre v. Whitehead
2009
Religious Activities and Holiday Programs

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Legal Brief of FAPE and IDEA  edited {Orzechowski-Price_Kathryn_TopicBrief_FAPE-IDEA-MentalHealth.pdf}

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home edited ... Legal Terms Legal Websites Legal Brief of FAPE and IDEA Case Law for Religion in School

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Legal Terms
Legal Websites
Legal Brief of FAPE and IDEA
Case Law for Religion in School

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Legal Websites edited IDEA 2004 Special Education Advocacy USOE GPO Adversity.net FIND Law USOE Administrative La…

IDEA 2004
Special Education Advocacy
USOE
GPO
Adversity.net
FIND Law
USOE Administrative Law
UPPAC
Utah Courts
Utah State Legislature

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Legal Brief of FAPE and IDEA edited {Orzechowski-Price_Kathryn_TopicBrief_FAPE-IDEA-MentalHealth.pdf}

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Orzechowski-Price_Kathryn_TopicBrief_FAPE-IDEA-MentalHealth.pdf uploaded

Case Law for Religion in Schools edited The information in this document is from School Law and Public Education Sixth Edition by Natha…

The information in this document is from School Law and Public Education Sixth Edition by Nathan Essex
Timeline of Religion in U.S. Public Schools
Case
Year
Summary of Ruling
Reynolds v. United States
1879
FORMATIVE CASELAW- Separation of Church and State under the First Amendment. This applies at a federal level.
Scopes v. State
1927
Theory of Evolution
Cochran v. Louisiana State Board of Education
1930
Aid to Parochial/ Religious Schools-
Cantwell v. Connecticut
1940
FORMATIVE CASELAW- Seperation of Church and State under the Fourteenth Amendment. This applies at a state level.
Harfst v. Hoegen
1942
Use of Religious Garb by Teachers
Emerson v. Board of Education of the Township of Ewing
1947
FORMATIVE CASELAW- Schools can neither aid nor inhibit religion. The state must stay nuetral.
People of the State of Illinois ex rel. McCollum v. Board of Education of District No. 71
1948
Religious Activities and Holiday Programs
Zorach v. Clauson U.S. Supreme Court
1952
Release Time for Religious Instruction
Tudor v. Board of Education of Borough of Rutherford
1953
Distribution of Religious Materials
Engel v. Vitale
1962
FORMATIVE CASELAW- Sponsored Prayer- ruled it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
Lawrence v. Buchmuller
1963
Religious Displays-
School District of Abington Township v. Schempp; Murray v. Curlett
1965
School-Sponsored Prayer
Epperson v. Arkansas
1968
Theory of Evolution
Lemon v. Kurtzman
1971
FORMATIVE CASELAW- This case established the Lemon Test which determines that a government action must meet the three prongs in order to not violate the establishment clause: (1) The statute must have a secular legislative purpose. (Also known as the Purpose Prong)
(2) The principal or primary effect of the statute must not advance nor inhibit religion. (Also known as the Effect Prong)
(3) 3The statute must not result in an "excessive government entanglement" with religion. (Also known as the Entanglement Prong)
Lemon v. Kurtzman
1971
Prayer at School Events-
Solan v. Lemon
1973
Aid to Parochial/ Religious Schools-
Meek v. Pittenger
1975
Aid to Parochial/ Religious Schools-
Elod v. Burns
1976
Teaching Bible in Public Schools
Meltzer v. Board of Public Instruction of Orange County
1978
Distribution of Religious Materials
Florey v. Sioux Falls School District
1979
Religious Activities and Holiday Programs
Wiley v. Franklin
1979
Teaching Bible in Public Schools
Ring v. Grand Folks School Districe No. 1
1980
Ten Commadments Displayed at Schools-
Stone v. Graham
1980
Ten Commadments Displayed at Schools-
Stone v. Graham
1980
Teaching Bible in Public Schools
Palmer v. Board of Education of the City of Chicago
1980
Religious Freedoms Involving Teachers
Lanner v. Wimmer
1981
Release Time for Religious Instruction
Mueller v. Allen
1983
Aid to Parochial/ Religious Schools-
Lynch v. Donnelly
1984
FORMATIVE CASELAW- This case created the Endorsement Test that says that certian government actions can function as an endorsment of religion to a reasonalble observer. State institutions, including schools should not endorse religion. Instead they should be neutral.
Wallace v. Jaffree
1985
Silent Prayer of Meditation
Aguilar v. Felton
1985
Aid to Parochial/ Religious Schools-
Agostini v. Felton
1985
Aid to Parochial/ Religious Schools-
School District of the City of Grand Rapidsv. Ball
1985
Aid to Parochial/ Religious Schools-
Bender v. Williams Sport
1986
Use of School Facilities by Student Religious Groups-
May v. Evansville
1986
Religious Rights of Teachers
Hysong v. Evansville
1986
Use of Religious Garb by Teachers
Edwards v. Aguillard
1987
Theory of Evolution
Wallace v. Washoe County District
1988
Use of School Facilities by Outside Religious Groups-
County of Allegheny v. ACLU
1989
FORMATIVE CASELAW- This case created the Coercion Test which states that the establishment clause is not broken unless the state provides direct aid to a religion. This aid can be creating a situation where those outside the religion are seen as the 'other' and it detrimentlay affects them in the community.
Jager v. Douglas County School District
1989
Prayer at School Events-
Mergens v. Board of Education of the Westside Community Schools
1990
Use of School Facilities by Student Religious Groups-
Gregoire v. Centennial School District
1990
Use of School Facilities by Outside Religious Groups-
Sands v. Morongo Unified School District
1991
Prayer at School Events-
Jones v. Clear Creek Independent School District
1992
Prayer at School Events-
Clark v. Dallas Independent School
1992
Use of School Facilities by Student Religious Groups-
Lamb's Chapel v. Center Moriches School District
1993
Use of School Facilities by Outside Religious Groups-
Ingebrestsen v. Jackson Public School District
1994
School-Sponsored Prayer
Adler v. Duval County School Board
1994
Prayer at School Events-
Washegesic v. Bloomindael Public Schools
1994
Religious Displays-
Johnso-Loehner v. O'Brien
1994
Distribution of Religious Materials
Schanou v. Lancaster County School District No. 116
1994
Distribution of Religious Materials
Bronx Household of Faith v. Community Schhol District No. 10
1997
Use of School Facilities by Outside Religious Groups-
Gibson v. Lee County Board of Education
1998
Teaching Bible in Public Schools
Holloman v. Harland
1999
Prayer at School Events-
Coles v. Cleveland Board of Education
1999
Prayer at School Board Meetings-
Freiler v. Tangipachoa Parich Board of Education
1999
Theory of Evolution
Good News Club v. Milford Central School
1999
Use of Religious Garb by Teachers
Santa Fe Independent School District v. Jane Doe
2000
Prayer at School Events-
Chandler v. Siegelman
2000
Prayer at School Events-
Mitchell v. Helms
2000
Aid to Parochial/ Religious Schools-
Galloway v. Town of Greece
2002
Prayer at Legislative Meetings-
Newdow v. United States
2002
Pledge of Allegiance
Hansen v. Ann Arbor Public Schools
2003
Prayer at School Events-
Nichol v. Arin Intermediate Unit 28
2003
Use of Religious Garb by Teachers
Bannon v. School District of Palm Beach County
2004
Prayer at School Events-
Tyler Chase Harper v. Poway Unified School District
2004
Prayer at School Events-
Nixon v. Northern Local District Board of Education
2005
Prayer at School Events-
McCreary County, Kentucky v. ACLU of Kentucky
2005
Ten Commadments Displayed at Schools-
Van Orden v. Perry
2005
Ten Commadments Displayed at Schools-
Selman v. Cobb County School District
2005
Theory of Evolution
Golden v. Rossford Exempted Village District School Dist.
2006
Use of School Facilities by Student Religious Groups-
Kitzmiller v. Dover Area School District
2006
Intellegent Design-- ID curriculum does not pass the Lemon test
Weibaum v. City of Las Cruces, New Mexico
2008
Religious Displays-
Truth v. Kent School District
2009
Use of School Facilities by Student Religious Groups-
Nurre v. Whitehead
2009
Religious Activities and Holiday Programs

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Legal Terms edited Legal Term Definition Arbitrary The term arbitrary describes a course of action or a decision …

Legal Term
Definition
Arbitrary
The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will ordiscretion without regard to rules or standards. An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard ofthe evidence.
Assault
An attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition is an intentional attempt, using violence or force, to injure or harm another person.
Battery
Is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following: intentional touching; the touching must be harmful or offensive; no consent from the victim.
Bona fide
Honest; genuine; actual; authentic; acting without the intention of defrauding.
Breach (of Duty)
A rebuttable presumption or inference that the defendant was negligent, which arises uponproof that the instrumentality or condition causing the injury was in the defendant's exclusive control and that the accidentwas one that ordinarily does not occur in the absence of Negligence.
Brief
A summary of the important points of a longer document. An abstract of a published judicial opinion prepared by a lawstudent as part of an assignment in the Case Method study of law. A written document drawn up by an attorney for a party ina lawsuit or by a party himself or herself appearing pro se that concisely states the following: (1) issues of a lawsuit; (2) factsthat bring the parties to court; (3) relevant laws that can affect the subject of the dispute; and (4) arguments that explain howthe law applies to the particular facts so that the case will be decided in the party's favor.
Case Law
Case law is defined as a body of law created by decisions of the judicial branch
Code
A systematic and comprehensive compilation of laws, rules, or regulations that are consolidated and classified according tosubject matter.
Contributory Negligence
a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence"contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party whosupposedly caused the accident.
De facto
adj. Latin for "in fact." Often used in place of "actual" to show that the court will treat as a fact authority being exercised or anentity acting as if it had authority, even though the legal requirements have not been met.
De jure
Having complied with all the requirements imposed by law.
Defamation
Any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect,regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings againsta person.
Discrimination
In Constitutional Law, the grant by statute of particular privileges to a class arbitrarily designated from a sizable number ofpersons, where no reasonable distinction exists between the favored and disfavored classes. Federal laws, supplemented bycourt decisions, prohibit discrimination in such areas as employment, housing, voting rights, education, and access to publicfacilities. They also proscribe discrimination on the basis of race, age, sex, nationality, disability, or religion. In addition, stateand local laws can prohibit discrimination in these areas and in others not covered by federal laws.
Dissenting Opinion
An explicit disagreement by one or more judges with the decision of the majority on a case before them.
Due Process
noun due process of law, legal fairness, legal safeguards, protection against deprivations,proteccion guarantees, protection of deprivation of accepted legal principlesGenerally: fundamental fairnessSpecifically: Fifth Amendment, Fourteenth Amendment
En banc
A dissent is often accompanied by a written dissenting opinion, and the terms dissent and dissenting opinion are usedinterchangeably.
Establishment Clause
The Establishment Clause prohibits the government from interfering with individual religious beliefs. The government cannotenact laws aiding any religion or establishing an official state religion. The courts have interpreted the Establishment Clauseto accomplish the separation of church and state on both the national and state levels of government.The authors of the FirstAmendment drafted the Establishment Clause to address the problem of government sponsorship and support of religiousactivity.
Exempt Employee
The Fair Labor Standards Act contains dozens of exemptions under which specific categories of employers and employees are exempted from overtime requirements. The most common exemptions are the white-collar exemptions for administrative, executive, and professional employees, computer professionals, and outside sales employees. There is a also a lesser known exemption for certain retail or service organizations. The primary advantages of classifying employees as exempt are that you don’t have to track their hours or pay them overtime, no matter how many hours they work.
Fiduciary
An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. Therelationship wherein one person has an obligation to act for another's benefit.
Foreseeability
The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts oromissions.
Free Exercise Clause
Free Exercise Clause refers to the section of the First Amendment italicized here: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
In loco parentis
(of a teacher or other adult responsible for children) in the place of a parent.
Integration
The bringing together of separate elements to create a whole unit. The bringing together of people from the differentdemographic and racial groups that make up U.S. society.
Invitee
An individual who enters another's premises as a result of an express or implied invitation of the owner or occupant for theirmutual gain or benefit.
Liable
adjective: Legally responsible for something avoidable that happens, as in cases of negligence. Considered at fault (even indirectly) for an action or incident. Might be required to provide related compensation.
Libel
Libel is a published false statement that is damaging to a person's reputation; a written defamation.
Licensee
n. a person given a license by government or under private agreement.
Malfeasance
the willful and intentional action that injures a party
Malice
The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violationof the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendencytoward malfeasance.
Misfeasance
the willful inappropriate action or intentional incorrect action or advice
Negligence
Negligence describes a situation in which a person acts in a careless (or "negligent") manner, which results in someone else getting hurt or property being damaged.
Non-exempt Employee
Most employees are entitled to overtime pay under the Fair Labor Standards Act. They are called non-exempt employees. Employers must pay them one-and-a-half times their regular rate of pay when they work more than 40 hours in a week. The biggest problem most employers have with nonexempt employees is miscalculating how much overtime workers are owed.
Nuisance
A legal action to redress harm arising from the use of one's property. The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is theunreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment oruse of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is acriminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.
Precedent
A principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
Prima facie
Based on the first impression; accepted as correct until proved otherwise; something which appears to be true when you first consider it.
Procedural Due Process
Procedural due process. Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.
Quid pro quo
The mutual consideration that passes between two parties to acontractual agreement, thereby rendering the agreement valid and binding.
Reasonable
Reasonable is defined as just, proper, ordinary, fair, one that exercises average care, skill and judgment in conduct. The Reasonable-man standard refers to the way most people would react in a given situation.
Segregation
The act or process of separating a race, class, or ethnic group from a society's general population.
Separate but Equal
A concept that gave the states the right to segregate races of people in public transportation. This idea was extended to allow races to have separate but similar quality schools. it was subsequently ruled unconstitutional.
Slander
Slander is in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed. Slander is a civil wrong and can be the basis for a lawsuit.
Standard of Care
the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If aperson's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people(supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may beclaimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonablepeople can differ.
Statute
An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing.
Substantive Due Process
in United States constitutional law, is a principle allowing courts to protect certain rights deemed fundamental from government interference, even where procedural protections are present. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law.
Tort
French for wrong, a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another.Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the majorareas of law (along with contract, real property and criminal law), and results in more civil litigation than any other category.Some intentional torts may also be crimes such as assault, battery, wrongful death, fraud, conversion (a euphemism fortheft), and trespass on property and form the basis for a lawsuit for damages by the injured party. Defamation, includingintentionally telling harmful untruths about another, either by print or broadcast (libel) or orally (slander), is a tort and used tobe a crime as well.
Tort Immunity
In tort cases, there are certain intervening factors which allow individuals immunity, from their actions. Immunity implies either, that the person could not understand the risks associated with their actions, or that they can not be held liable because they were acting on behalf of the government or other entity. (The definition of a tort is a wrongdoing where a person causes damage or injury and can be sued for their action.)
Vicarious Liability
Vicarious Liability is when the district is held responsible for the act of negligence or intentional wrongdoings of their employees within their scope of employment.
Writ of Certiorari
a writ by which a superior court can call up for review the record of a proceeding in an inferior court.

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home edited School Law Library Legal Terms Legal Websites

School Law Library
Legal Terms
Legal Websites

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