February 7, 2009. School Governance School Law Effective Schools Communicating with Parents No Child Left Behind. Who governs the public schools?. Federal State Local . Who finances public schools?. Federal Local State. North Carolina . State Superintendent of Public Instruction
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Freedom of religion, speech, press, and assembly
(protects rights of free speech and expression)
Case: School initiated prayer violates the 1st Amendment
New York School System began day with non-denominational prayer acknowledging dependence on God
Challenged as unconstitutional state establishment of religion violating 1st Amendment
The government cannot sponsor such religious activities.
Case: Students do not leave their rights at the schoolhouse door.
Mary Beth Tinker and brother wore black armbands to school to protest the Vietnam War.
Two Clauses often cited in lawsuits:
Case: Students are entitled to certain due process rights.
9 Students at Ohio public school were suspended for 10 days for disruptive behavior without due process.
Once the state provides an education for all of its’ citizens, it cannot deprive them of it without due process.
Case: State laws that establish separate public schools for black and white students denied black children equal educational opportunities.
Oliver Brown, parent, was concerned about “separate but equal” policies of Topeka public schools.
Chief Justice Earl Warren wrote for the unanimous Court in Brown:
Home School Relations