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American Education Book Cover
American Education, 10/e
Joel Spring

The Courts and the Schools

Chapter Outline

The U.S. Constitution and education

  1. The Fourteenth Amendment and education
  2. The First Amendment and education

Compulsory education

  1. Parent rights with regard to childrearing
  2. The power of states to regulate education
  3. Constitutional limitations upon compulsory education

Religion and education

  1. School prayer
    1. District-sponsored
    2. Student-led
  1. Bible reading
  2. Meditation
  3. Public aid to private schools
    1. Child-benefit theory
    2. The Lemon test
  1. Secular humanism and the religion of public schools
  2. Controversy over evolution and creationism

Parents' rights

  1. Limitations on parents' right to control children's education

Teachers' rights

  1. Academic freedom
  2. Limitations on teachers' speech rights
  3. Limitations on teachers' rights in the classroom
  4. Personal liability of teachers
  5. Limitations on teachers' private lives

Students' rights

  1. Students and freedom of speech
  2. Limitation on content in student publications
  3. School district liability for sexual harassment
  4. Due process rights and the property interest of education

Corporal Punishment

  1. Eighth Amendment and corporal punishment
  2. Due process and corporal punishment

Language rights and education

  1. Instruction for non-English-speaking students
  2. Instruction in mother tongues and dialects

School finance

  1. Equalizing school finance
  2. State jurisdiction over legal cases involving school finance