Nevada School Law For Teachers 2011 Chapt 5

Front 1

Historical Perspective

*HOLY TRINITY v. US (1892)
-‘Christianity, general Christianity, is, and always has been, a part of the common law of Pennsylvania.”

Back 1

Historical Perspective

*HOLY TRINITY v. US (1892)
-‘Christianity, general Christianity, is, and always has been, a part of the common law of Pennsylvania.”

Front 2

PEOPLE v. STANLEY (1927)

*Judeo-Christian preferece.

*Bible reading was permissible as a school sponsored activity.

Back 2

PEOPLE v. STANLEY (1927)

*Judeo-Christian preferece.

*Bible reading was permissible as a school sponsored activity.

Front 3

THE OREGON SOCIALIZATION LAW

*PIERCE v. SOCIETY OF SISTERS
-Court ruled that the state may reasonably regulate schools & has a compelling interest in requiring school attendance. State may not deny children the right to attend private schools & force them to public schools.

Back 3

THE OREGON SOCIALIZATION LAW

*PIERCE v. SOCIETY OF SISTERS
-Court ruled that the state may reasonably regulate schools & has a compelling interest in requiring school attendance. State may not deny children the right to attend private school & force them to public schools.

Front 4

SEPARATION OF CHURCH
&
STATE

*EVERSON v. BOARD OF EDUC
-Authorizing district boards of educ. to pay for transportation for children attending Catholic schools is valid because the expenditure is for a public purpose.

Back 4

SEPARATION OF CHURCH
&
STATE

*EVERSON v. BOARD OF EDUC
-Authorizing district boards of educ. to pay for transportation for children attending Catholic schools is valid because the expenditure is for a public purpose.

Front 5

SEPARATION OF CHURCH/STATE

ABINGTON TOWNSHIP v. SCHEMPP (1963)
-Court ruled that a PA law requiring opening the school day with reading of Bible verses, and a MD law requiring recitation of the Lord’s Prayer, violate the First Amendment.

Back 5

SEPARATION OF CHURCH/STATE

ABINGTON TOWNSHIP v. SCHEMPP (1963)
-Court ruled that a PA law requiring opening the school day with reading of Bible verses, and a MD law requiring recitation of the Lord’s Prayer, violate the First Amendment.

Front 6

SEPARATION OF CHURCH/STATE

ENGEL v. VITALE (1962)
-Court ruled against required prayer in public schools on the ground that it violates the First Amendment.

Back 6

SEPARATION OF CHURCH/STATE

ENGEL v. VITALE (1962)
-Court ruled against required prayer in public schools on the ground that it violates the First Amendment.

Front 7

SEPARATION OF CHURCH/STATE

*LEMON v. KURTZMAN (1971)
-Court ruled that a law providing state subsidy for
nonpublic schools teacher salaries unconstitutional.

-Court established the "Lemon Test" to determine
if an action violates the Establishment Clause:
1.)Does the action have a secular purpose?
2.)Is the primary effect of the action to advance or inhibit religion?
3.)Does the action foster excessive entanglement of government in religion?

Back 7

SEPARATION OF CHURCH/STATE

*LEMON v. KURTZMAN (1971)
-Court ruled that a law providing state subsidy for
nonpublic schools teacher salaries unconstitutional.

-Court established the "Lemon Test" to determine
if an action violates the Establishment Clause:
1.)Does the action have a secular purpose?
2.)Is the primary effect of the action to advance or inhibit religion?
3.)Does the action foster excessive entanglement of government in religion?

Front 8

SIGNIFICANT CHURCH/STATE CASES

BOWEN: Public Funds for Religious Oriented Teen Sexuality Program

*BOWEN v. KEDRICK (1988)
-Court allowed federal funds to be given to religious organizations offering counseling consistent with the AFLA.

Back 8

SIGNIFICANT CHURCH/STATE CASES

BOWEN: Public Funds for Religious Oriented Teen Sexuality Program

*BOWEN v. KEDRICK (1988)
-Court allowed federal funds to be given to religious organizations offering counseling consistent with the AFLA.

Front 9

What is the ADOLESCENT FAMILY LIFE ACT (AFLA)?

When was AFLA enacted?

Back 9

*The AFLA provides grants to public or nonprofit private organizations & agencies for "service & research in the area of premarital adolescent sexual relations & pregnancy."

*AFLA was enacted in 1981

Front 10

SIGNIFICANT CHURCH/STATE CASE

LEE: School Sponsored Invocation / Benediction

*LEE v. WEISMAN (1992)
-Court ruled that officially sanctioned prayers or invocations in public schools graduation ceremonies violates the 1st amendment.

Back 10

SIGNIFICANT CHURCH/STATE CASE

LLE: School Sponsored Invocation / Benediction

*LEE v. WEISMAN (1992)
-Court ruled that officially sanctioned prayers or invocations in public schools graduation ceremonies violates the 1st amendment.

Front 11

SIGNIFICANT CHURCH/STATE CASE

LAMB'S CHAPEL: Religious Activities in Public Facilities.

*LAMB'S CHAPEL v. CENTER MORICHES UNION (1993)
-Court ruled that refusing to allow church access to school property violated the 1st Amendment.

Back 11

SIGNIFICANT CHURCH/STATE CASE

LAMB'S CHAPEL: Religious Activities in Public Facilities.

*LAMB'S CHAPEL v. CENTER MORICHES UNION (1993)
-Court ruled that refusing to allow church access to school property violated the 1st Amendment.

Front 12

SIGNIFICANT CHURCH/STATE CASE

ZOBREST: Special Ed. Services in Nonpublic Schools.

*ZOBREST v. CATALINA S.D (1993)
-Courts ruled in favor of parents.
-Parents of hearing impaired student hired an interpreter and brought suit to recover their expenses.

Back 12

SIGNIFICANT CHURCH/STATE CASE

ZOBREST: Special Ed. Services in Nonpublic Schools.

*ZOBREST v. CATALINA S.D (1993)
-Courts ruled in favor of parents.
-Parents of hearing impaired student hired an interpreter and brought suit to recover their expenses.

Front 13

SIGNIFICANT CHURCH/STATE CASE

AGOSTINI:Title I Service at Private
or Private Religious School Sites

*Court overturned its own 1985 ruling.

*AGOSTINI v. FELTON (1997)
-Court ruled that providing Title I services at parochial school sites did not violate the Establishment Clause.

Back 13

SIGNIFICANT CHURCH/STATE CASE

AGOSTINI:Title I Service at Private
or Private Religious School Sites

*Court overturned its own 1985 ruling.

*AGOSTINI v. FELTON (1997)
-Court ruled that providing Title I services at parochial school sites did not violate the Establishment Clause.

Front 14

What is the Elementary & Secondary Education Act, Title I?

Back 14

The Elementary & Secondary Education Act, Title I is a FEDERAL STATUE that AUTHORIZES FUNDS for professional development, instructional materials, resources to support educational programs & parental involvement promotion.

Front 15

SIGNIFICANT CHURCH/STATE CASE

EDWARD:Equal Time for Creationism

*EDWARDS v. AGUILLARD (1997) -Court declared the Louisiana "Creationism Act," required that, if Evolution is taught, Creationism must also be taught, unconstitutional because Creationism is a religious tenet.

Back 15

SIGNIFICANT CHURCH/STATE CASE

EDWARD:Equal Time for Creationism

*EDWARDS v. AGUILLARD (1997) -Court declared the Louisiana "Creationism Act," required that, if Evolution is taught, Creationism must also be taught, unconstitutional because Creationism is a religious tenet.

Front 16

SIGNIFICANT CHURCH/STATE CASE

MERGENS: Official Recognition for Bible Clubs?

*BD OF ED. OF THE WESTSIDE
v.
MERGENS (1990)
-Students have a right to organize their own groups in public schools when school district has an "open forum."

Back 16

SIGNIFICANT CHURCH/STATE CASE

MERGENS: Official Recognition for Bible Clubs?

*BD OF ED. OF THE WESTSIDE
v.
MERGENS (1990)
-Students have a right to organize their own groups in public schools when school district has an "open forum."

Front 17

SIGNIFICANT STATE/CHURCH CASE

BROWN: Impressions Challenged

BROWN v. WOODLAND S.D.(1994)
*Suit claiming that Impressions series impermissibly advanced the religion of Wicca
*Court found no such message of endorsement existed & students were not coerced into a disavowal of their parent's religious views.

Back 17

SIGNIFICANT STATE/CHURCH CASE

BROWN: Impressions Challenged

BROWN v. WOODLAND S.D.(1994)
*Suit claiming that Impressions series impermissibly advanced the religion of Wicca
*Court found no such message of endorsement existed & students were not coerced into a disavowal of their parent's religious views.

Front 18

NV "PERIOD OF SILENCE"

NRS 388.075 In 1997 NV legislature passed a LAW MANDATING a daily "period of silence" to be observed in public schools.

Back 18

NV "PERIOD OF SILENCE"

NRS 388.075 In 1997 NV legislature passed a LAW MANDATING a daily "period of silence" to be observed in public schools.

Front 19

When was NRS 388.075 "period of silence" law passed?

Back 19

"Period of Silence" law was passed in 1977 by NV legislature.

Front 20

RELIGIOUS HOLIDAYS
PUBLIC SCHOOLS

*Court let stand lower fed court decision stating that recognition of holidays are constitutional when the purpose is to provide secular instruction about religious traditions rather than to promote a particular religion.

Back 20

RELIGIOUS HOLIDAYS
PUBLIC SCHOOLS

*Court let stand lower fed court decision stating that recognition of holidays are constitutional when the purpose is to provide secular instruction about religious traditions rather than to promote a particular religion.

Front 21

FLOREY v. SIOUX FALLS S.D (1980)

*Courts ruled that songs such as "Silent Night" do not impermissibly advance religion.

Back 21

FLOREY v. SIOUX FALLS S.D (1980)

*Courts ruled that songs such as "Silent Night" do not impermissibly advance religion.

Front 22

BAUCHMAN v. WEST H.S. (1997)

*Court stated that violation of Establishment Clause was not violated when music director exercised discretion in selecting choral music.

Back 22

BAUCHMAN v. WEST H.S. (1997)

*Court stated that violation of Establishment Clause was not violated when music director exercised discretion in selecting choral music.