School Law - Landmark Supreme Court Cases

2007 Term

Parents Involved in Community Schools v. Seattle June 28, 2007
  • 5-4 Local School Districts Cannot Use Race to Balance School Populations — Overturns Brown v. Board of Education and prohibits districts from "balancing" school populations on basis of race considerations.
Morse v. Frederick, June 25, 2007
  • 6-3 Supremes Say No to "Bong Hits for Jesus" in 6-3 Decision — OK for School District and Principal Morse to Restrict Student Pro-Illegal Drug Speech at School Event.
Tennessee Secondary School Athletic Association v. Brentwood Academy June 21, 2007
  • Anti-Recruiting Rules Do Not Violate the First Amendment!
Davenport v. Washington Educucation Association June 14, 2007
  • Using Dues for Political Purposes Requires a Affirmative Response in Washington State
Winkleman v. Parma S.D.
  • Parents Can Represent Themselves in IDEA Litigation — May 27, 2007

A-Z Listing

School District of Abington Township v. Schempp
  • Schools Cannot Start the Day with Bible Readings - 1963
Aguilar v. Felton
Agostini v. Felton
  • "New" Establishment Clause Juridprudence direct aid to sectarian schools OK - Overruled Aguilar - Also see Mitchell v. Helms -1997
Bethel v. Fraser
  • Student Profane, Lewd Speech - 1986
Baird v. Warren School District 205
  • Lack of Due Process for Supt Termination, No Qualified Immunity for Board Members - 2004
Board of Education v. Allen
  • OK to Lend Textbooks Free of Charge to Students in Parochial Schools - 1968
Brown v. Board of Education
  • Segregation - 1954
Cleveland BOE v. LaFleur
  • Mandatory Maternity Leave - 1974
The Committee For Educational Rights v. Edgar
  • Funding - 1996
Board of Ed. of Independent School Dist. No. 92 of Pottawatomie City v. Earls
  • Student Drug Testing - 2002
Edwards v. Aguillard
  • Evolution/Creationism - 1987
Everson v. Board of Education
  • Bussing Parochial Students - 1947
Goss v. Lopez
  • Student Due Process - 1975
Franklin v. Gwinnett County Public Schools
  • Title IX Suit - 1992
Gebser v. Lago Vista School District
  • Title IX - 1998
Good News Club v. Milford CSD
  • Free Speech/EAA/Facilities - 2002
Graynard v. City of Rockford
  • Picketing Near School - 1972
Hazelwood School District v. Kuhlmeier
  • Regulation of School Sponsored-Student Newspaper-Speech - 1988
Ingraham v. Wright
  • Corporal Punishment - 1977
Island Trees Union Free School District No. 26 v. Pico
  • Board Censorship of Library Books - 1982
Lamb v. Panhandle
  • No Credit for Schoolwork Missed While on Suspension - 1987
  • Despite Lamb, this remains an unsettled area of the law.
Lambs Chapel v. Center Moriches Union Free School District
  • School Facility Use by Religious Groups Permitted - 1993
Lau v. Nichols
  • English Second Language Instruction - 1974
Lee v. Weisman
  • School Prayer - 1992
Lemon v. Kurtzman
  • Church/State Entanglement -1971
  • See Agostini, Mitchell, Zelman
McCollum v. BOE Champaign No. 71
  • Religious Instruction - 1945
BOE Westside Community Schools v. Mergens
  • Equal Access - 1990
Mitchell v. Helms
  • "New" Establishment Clause Jurisprudence - 2000
Muller v. Allen
  • Tax Break Satisfies Lemon Test Establishment Clause - 1983
Owassa v. Falvo
  • Students Grading Papers FERPA - 2002
Pickering v. Board of Education
  • Teacher First Amendment Rights - 1968
Pierce v. Society of Sisters
  • Only Public School Attendance - 1925
Piggee v. Carl Sandburg College
  • Proselytization of Students - 2006
Plyer v. Doe
  • Schools can't deny enrollment to illegal aliens as it violates the Equal Protection Clause of the Fourteenth Amendment - 1982
New Jersey v. TLO 469 U.S. 325
  • Student Search - 1985
Raitzik v. Board of Education of Chicago
  • Teacher Remediation Case - 2005
San Antonio Independent S. D. v. Rodriguez
  • Funding - 1973
Santa Fe Independent School District v. Doe
  • School Prayer - 2000
Serrano v. Priest
  • Funding - 1971
Shelton v. Tucker
  • Teacher Freedom of Association - 1968
Special Education Case Law
  • The Supremes Greatest Hits — including Honig, Florence, Rowley, Arlington, Tatro
Stone v. Graham
  • Posting Ten Commandments - 1980
Tinker v. Des Moines
  • Student Symbolic Speech - 1969
United States v. Lopez
  • The Guns Free Act exceeds Congress' Commerce Clause authority - 1994
Wallace v. Jaffree
  • Alabama's Minute of Silence - 1985
Widmar v. Vincent
  • Use of Facilities by Religous Groups - 1981
West Virginia SBE v. Barnett
  • Pledge of Allegiance - 1943
Wisconsin v. Jonas Yoder
  • Amish Not Compelled — Free Exercise Clause - 1972
Zelman v. Simmons-Harris
  • Private School Vouchers - 2002
Zorach v. Clausen
  • Release for Religous Instruction - 1952