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Education Law

This guide is an overview of the resources on Education Law which are available at the Charleston School of Law and on the Internet.

First Amendment

  • Everson v. Board of Education
    The reimbursement of parents whose children took buses to private schools was held to be in violation of the Establishment Clause of the First Amendment.

  •  Engel v. Vitale
    The state's requirement that a state-composed prayer be recited in schools violated the Establishment Clause.

  • Tinker v. Des Moines
    Passive display of armbands worn to protest the Vietnam War which did not create substantial interference with the rights of others or school discipline was protected speech.

  • Bethel School District No. 403 v. Fraser
    Court distinguishes intrusive speech interfering with the rights of others from that of Tinker.

  • Morse v. Frederick
    Suspension of a student who held a banner with a message encouraging drug use did not violate the student's First Amendment right to free speech.

  • Hazelwood Sch. Dist. v. Kuhlmeier
    School authorities do not violate students' First Amendment rights when they reasonably regulate student speech in "school sponsored expressive activities."

School Attendance

  • Wisconsin v. Yoder
    Established an exception to compulsory school attendance laws for Amish children.

  • Plyer v. Doe
    State law barring children of illegal immigrants from attending public school held to be in violation of the Equal Protection Clause.

School Desegregation

  • Brown v. Board of Education of Topeka (I)
    Overruled Plessy v. Ferguson "separate but equal" doctrine, and held that segregation of students in public schools violated the equal protection rights of the black students.



  • Gratz v. Bollinger
    College admission procedure assigning points to minority students deemed unconstitutional.

 

Accommodations for Students with Disabilities

  • Southeastern Community College v. Davis
    Section 504 of Rehabilitation Act of 1973 does not preclude professional schools from imposing reasonable physical requirements for admission to their programs.

  • Irving Independent School District v. Tatro  
    Medical services can be "related services" under the IDEA when they are necessary for a disabled student to attend school, are not of the level of care that only a physician could provide, and do not depend on the purchase of specialized equipment.

  • Honig v. Doe
    The "stay-put" provision of the IDEA requires that students with disabilities are to remain in their "current educational placement" pending any determination otherwise following review proceedings.  Suspensions of ten days or less are not precluded by this provision.

 

Notice that these Landmark Education Law Cases Are Available Free!

Open Jurist, a Cost-Effective Resource