1.5: Nevada School Law 2011

Front 1

Do federal or State courts generally make decisions on religion cases?

Back 1

Federal Courts.

Front 2

What does the First Amendment to the U.S. Constitution say about religion?

Back 2

Congress cannot make any laws establishing a religion or prohibiting the free exercise of religion.

Front 3

In the late 19th and early 20th centuries, what was the view of the Courts in regard to religion in the schools?

Back 3

Bible-reading was allowed in schools and the Courts said the First Amendment was to prevent rivalry among Christian sects.

Front 4

In Pierce v. Society of Sisters, private schools sued over an Oregon law that required all children to go to public school so the state could control children’s political values. What did the U.S. Supreme Court do?

Back 4

The law was unconstitutional because it interfered with parental rights. While States can compel kids to go to school, they cannot keep kids from going to private schools.

Front 5

In Everson, private school students sued to have public money spent on buses for the children. What happened?

Back 5

The U.S. Supreme Court said public money could be used for bussing, because states cannot handicap or favor religion.

Front 6

What did the U.S. Supreme Court say about Bible-reading in the Abington and Engel cases?

Back 6

Bible reading can be taught in schools if it is not taught devotionally. It may be taught in the historical context or used as literature.

Front 7

What is the “Lemon Test” for Church-State separation in schools?

Back 7

Government cannot be involved in activities that:

1) Are not secular;
2) Advance or inhibit religion; and
3) Foster excessive government entanglement with religion.

As a result, public money cannot be used for religious schools.

Front 8

In the Lamb’s Chapel case, a local church wanted to use school property to show a religious video after school hours. Although the school district previously allowed a different church to use school grounds to present religious materials, the school district refused. What did the U.S. Supreme Court say?

Back 8

A school district cannot refuse to allow one religious group to use school property for religious purposes when it allows a different religious group to do the same thing.

Front 9

According to the Lamb’s Chapel case, it does not violate the Lemon Test for a school district to allow a church to show religious videos if two things happen. What are those two things?

Back 9

The screening of the religious video must:
(1) not be sponsored by the district;
(2) be open to the public (not just the particular church organization).

Front 10

In the Zobrest case, parents of a hearing impaired child placed their child in a private school but asked the public school to provide an interpreter. The school refused. What happened?

Back 10

The U.S. Supreme Court said the school must provide the interpreter.

Government programs that provide neutral benefits (like interpreters) do not add or subtract from the school’s environment.

Front 11

After the Zobrest decision, federal law changed. How did the Individuals with Disabilities Education Act (IDEA) change after the Zobrest decision?

Back 11

The U.S. Department of Education amended IDEA to say parents of children in private schools did not have an individual right to special education or related services. It is now up to individual school districts to decide if they want to provide these services at public schools.

Front 12

What must a school district do if a parent decides to place their special needs child in a private school?

Back 12

They must: (1) meet with private school representatives; and (2) develop a “services plan” for the child with that private school representative.

Front 13

When can parents who place their special needs child in a private school get their tuition reimbursed?

Back 13

When they prove in court that:
(1) the public school placement is inappropriate; and
(2) the private school placement is appropriate.

Front 14

If it is proven a public school placement is inappropriate and a private school placement is appropriate for a special needs child, what are reasons tuition reimbursement can be reduced or denied?

Back 14

1) The parents did not give notice to the IEP team they intended to reject public school placement;
2) The parents did not give the district notice at least 10 days prior to removal;
3) The district notified the parents of their intent to evaluate the child but the parents did not make him available;
4) A judge finds the parents unreasonable.

Front 15

What is Title 1?

Back 15

Title 1, also known as the Elementary and Secondary Education Act, is a federal statute that authorizes funds for professional development, instructional materials, resources to support educational programs, and parental involvement promotion.

Front 16

Why is it permissible to provide Title 1 services at private schools based on the Agostini case?

Back 16

Due to concerns of:
1) added cost of providing services at a neutral site;
2) lack of participation at a different site.

Front 17

In the Edwards case, parents sued because the Louisiana legislature passed a “balanced treatment act” requiring teachers to spend an equal time teaching evolution and creation science. What happened?

Back 17

The U.S. Supreme Court said the law does not have a clearly secular purpose, but also said it was not necessary because teachers can instruct on alternative theories other than evolution. They did not say whether creation science can be taught.

Front 18

Under the Equal Access Act and the Mergens case, when can students organize Bible clubs or other religious clubs on campus?

Back 18

When the district has an “open forum” allowing other non-curriculum-related student groups to form, and when meetings are held during non-instructional time.

Front 19

In Brown, parents asked a school not to use the Impression series of books because the lesson on Wicca had students role-play as witches. What happened?

Back 19

The U.S. Supreme Court said the series was permissible because from the viewpoint of an objective observer, the series did not endorse or disavow any particular religion.

Front 20

What did the Nevada Attorney General say about the “period of silence” mandated at schools.

Back 20

It is constitutional because:
(1) it was enacted with a secular purpose;
(2) it does not advance or inhibit religion; and,
(3) it does not foster excessive government entanglement with religion.

Front 21

When can schools recognize religious holidays in school?

Back 21

When the purpose is to provide secular instruction about religious holidays. Schools may not teach or proselytize a certain religion, but may use religious symbols as a teaching aid and may teach music, art, literature, and drama with a religious theme if they are presented in a prudent and objective manner.