Education Law Overview of the Landscape of Law and Education

Education Law Outline

Establishment clause creates a wall of separation between church and state. “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Child Benefit Test

1. Statute purpose is not to aid any religious or non-public schools and its primary effect was to improve the quality of education for all children.

Psychological Coercion Test

1. Whether or not prayer/religious activity would have a psychological impact on the students.

Endorsement Test

1. Whether permitting an event is an impermissible governmental approval or endorsement of religion.

Lemon Test

1. Must have a secular purpose

2. Principal or primary purpose must neither advance nor inhibits religion

3. Not foster excessive government entanglement with religion.

a. Character and purpose of the institutions which are benefited

b. Nature of the aid the state provide

c. Resulting relationship between the government and the religious authority.

Discipline (Goss v. Lopes)(young people don’t shed their constitutional rights at the schoolhouse door)

1. Students at public schools have substantive due process rights

a. Facing suspension and interference with protected property interest entitles students to be given some notice and afforded some kind of hearing.

2. Students are entitled to an oral or written hearing, a chance to explain their side of the story.

a. Can punish kid on the spot but punishment has to fit the crime.

b. More than 10 days, have a hearing on the record with impartial 3rd party.

Tinker test

1. Act will materially and substantially interfere with the requirement of appropriate discipline in the operation of the school.

a. Basically, the behavior must cause material and substantial disruptions.

Frazer – schools can regulate student speech that is disrespectful, vulgar and disruptive.

Hazelwood Rational test – schools can control content so long as actions are...