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Below are pivotal education court cases and laws. For additional information, visit HeinOnline Academic.
Anti-Bullying Laws
Missouri Revised Statues 160.261.1
Discipline, written policy established by local boards of education — contents — reporting requirements — additional restrictions for certain suspensions — weapons offense, mandatory suspension or expulsion — no civil liability for authorized personnel — spanking not child abuse, when — investigation procedure — officials falsifying reports, penalty
Missouri Revised Statues 160.775
Anti-bullying policy required — definition — content, requirements
Missouri Revised Statues 167.775
Principal, teachers, school employees to report certain acts, to whom, exceptions — limit on liability — penalty
David v. Monroe County Board of Education
In 1999, the U.S. Supreme Court ruled that when school officials act with "deliberate indifference" to known acts of student-on-student harassment that is "so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity," they may be held liable. The court set up test to determine public school liability for acts of bullying that also are considered "harassment" under federal law.
Evolution and Creationism in Schools Cases
Homeschooling Cases
Pierce v. Society of Sisters of the Holy Names of Jesus and Mary
268 U.S. 510 (1925) In 1925, the U.S. Supreme Court struck down Oregon’s law prohibiting parents from sending their children to private schools in Pierce v. Society of Sisters. In its decision, the Court recognized the rights of parents to direct their children’s education.
Wisconsin v. Yoder
406 U.S. 205 (1972) In 1972, the Court further defined parents’ rights to direct their children’s education in the case of Wisconsin v. Yoder. The Court recognized the right of Amish parents not to comply with compulsory attendance laws once their children completed eighth grade, if compliance would violate the parents’ free exercise of their religion.
Troxel v. Granville
No. 99-138. In June 2000, the Supreme Court again upheld parents’ fundamental right to make decisions concerning the care, custody and control of their children. In Troxel v. Granville, the Court invalidated a Washington state law that allowed a court to grant child visitation rights to “any person” whenever the court finds that visitation was in the child’s best interest. The Court ruled that this law unconstitutionally allowed a court to overrule the wishes of a fit, custodial parent.
Religion and Prayer in Public Schools Cases
Engel v. Vitale
Facts and case summary for Engel v. Vitale, 370 U.S. 421 (1962) that stated school-sponsored prayer in public schools is unconstitutional.
School District of Abington Township v. Schempp
The court case that no longer required Bible verse reading and prayer every day in school.
West Virginia State Board of Education v. Barnette
West Virginia State Board of Education v. Barnette, case in which the U.S. Supreme Court ruled on June 14, 1943, that compelling children in public schools to salute the U.S. flag was an unconstitutional violation of their freedom of speech and religion.
Student and Educator Rights Cases
Brown v. Board of Education
Documents in the National Archive related to Brown v. Board of Education case.
Tinker v. Des Moines
This case supported students' freedom of speech and symbolic speech rights in schools.
Family Educational and Privacy Rights
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
Title IX
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.
Title IX of the Education Amendments of 1972: 50th Anniversary
To commemorate the 50th anniversary of Title IX, the Law Library is pleased to announce a new research guide on the topic.
New Jersy v. T.L.O.
In 1985, the Supreme Court, by a 6-3 margin, ruled that New Jersey and the school had met a "reasonableness" standard for conducting such searches at school. The high court said school administrators don't need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school.
Bethel School District No. 403 v. Fraser
Bethel School District No. 403 v. Fraser, case in which the U.S. Supreme Court on July 7, 1986, ruled (7–2) that school officials did not violate a student’s free speech and due process rights when he was disciplined for making a lewd and vulgar speech at a school assembly.
