Class Notes 20 April 2005
2 student group presentations, a bit more on
Chapter 5: Religion
EDLD
5340
20 April 2005
Remember that MONEY can get principals, teachers, superintendents, etc in more hot water / trouble than many other issues
- temptations can be presented by large fund balances
- be REALLY CAREFUL when it comes to money, to the best of your ability let others (like business managers) handle the money
28 states have banned corporal punishment (plus Rhode Island where every school district has banned it)
21 states have made corporal punishment permissible (Texas remains today in this minority group)
More on Chapter 5: Religion Chapter
There are LOTS of supreme court cases in this chapter (religion issues have been around / debated a lot more than more recent issues, like special education)
Big issue now: what is Supreme Court going to do about Lemmon v Kirtzman
- until we have a new decision, it remains our benchmark case as far as establishment clause cases go
- A&A page 168
- involves both Rhode Island and Pennsylvania
3 part test enunciated by the Supreme Court (page 168, 2nd column, 1/3 of way down)
1- statute must have a secular legislative purpose
2- principal or primary effect must be one that neither advances nor inhibits religion
3- it must not foster excessive government entanglement with religion
Fred's additions:
- statute or policy/practice must have a secular purpose (not sectarian)
- don't paraphrase the 2nd point: sometimes this is viewed as the "neutrality prong" of the test
- when we are talking about the establishment clause in the 1st amendment, this aspect of the gov't being involved in religion that gets a lot of attention
If you look at all 3 prongs as a policymaker at any level, having a policy/practice that has a secular purpose
At least 4 of the supreme court justices have to date rejected Lemon, but they have not agreed on a replacement test
Area to focus on next week:
- p 228 in A&A (Mergens case)
BOTTOM LINE FOR THE FINAL ON CHAPTER 5: IF THERE IS ANYTHING ON THE FINAL EXAM, IT WILL FOCUS ON THE MERGENS CASE AND THE EQUAL ACCESS ACT (primarily)
- so we had better re-read on p. 228 the Equal Access Act
- also look at the 2 statues in back of the book
- also read about Mergens in Kemerer and Walsh
- this law has not changed, Congress has not touched it, but the courts have really done a lot on this (Fred has 3 new current events on this.)
20 April 2005
Remember that MONEY can get principals, teachers, superintendents, etc in more hot water / trouble than many other issues
- temptations can be presented by large fund balances
- be REALLY CAREFUL when it comes to money, to the best of your ability let others (like business managers) handle the money
28 states have banned corporal punishment (plus Rhode Island where every school district has banned it)
21 states have made corporal punishment permissible (Texas remains today in this minority group)
More on Chapter 5: Religion Chapter
There are LOTS of supreme court cases in this chapter (religion issues have been around / debated a lot more than more recent issues, like special education)
Big issue now: what is Supreme Court going to do about Lemmon v Kirtzman
- until we have a new decision, it remains our benchmark case as far as establishment clause cases go
- A&A page 168
- involves both Rhode Island and Pennsylvania
3 part test enunciated by the Supreme Court (page 168, 2nd column, 1/3 of way down)
1- statute must have a secular legislative purpose
2- principal or primary effect must be one that neither advances nor inhibits religion
3- it must not foster excessive government entanglement with religion
Fred's additions:
- statute or policy/practice must have a secular purpose (not sectarian)
- don't paraphrase the 2nd point: sometimes this is viewed as the "neutrality prong" of the test
- when we are talking about the establishment clause in the 1st amendment, this aspect of the gov't being involved in religion that gets a lot of attention
If you look at all 3 prongs as a policymaker at any level, having a policy/practice that has a secular purpose
At least 4 of the supreme court justices have to date rejected Lemon, but they have not agreed on a replacement test
Area to focus on next week:
- p 228 in A&A (Mergens case)
BOTTOM LINE FOR THE FINAL ON CHAPTER 5: IF THERE IS ANYTHING ON THE FINAL EXAM, IT WILL FOCUS ON THE MERGENS CASE AND THE EQUAL ACCESS ACT (primarily)
- so we had better re-read on p. 228 the Equal Access Act
- also look at the 2 statues in back of the book
- also read about Mergens in Kemerer and Walsh
- this law has not changed, Congress has not touched it, but the courts have really done a lot on this (Fred has 3 new current events on this.)
Posted: Wed - April 20, 2005 at 10:17 PM |
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Published On: Apr 20, 2005 10:17 PM
Total entries in this category: 15
Published On: Apr 20, 2005 10:17 PM
