Religious Issues: What are the exact circumstances in which a teacher would be allowed to pray WITH students? Can a teacher pray if he or she is invited to by students?

Short answer: Never and No. A teacher when acting in her official capacity is the state and is not a private person. Lawyers hate categorical statements (we can always come up with some weird exception), but generally a teacher at school while in the presence of a student is in her official capacity. The following is from a joint statement of teacher/admin groups, ACLU and religious groups as to the state of the law: "Students have the right to pray individually or in groups or to discuss their religious views with their peers so long as they are not disruptive. Because the Establishment Clause does not apply to purely private speech, students enjoy the right to read their Bibles or other scriptures, say grace before meals, pray before tests, and discuss religion with other willing student listeners. In the classroom students have the right to pray quietly except when required to be actively engaged in school activities (e.g., students may not decide to pray just as a teacher calls on them). In informal settings, such as the cafeteria or in the halls, students may pray either audibly or silently, subject to the same rules of order as apply to other speech in these locations. However, the right to engage in voluntary prayer does not include, for example, the right to have a captive audience listen or to compel other students to participate. "

At the Greenville County School Board Meeting, a short prayer is said at the beginning of each meeting. How legal is this practice considering separation of church and state?

The same rule as the U.S. Congress and the U.S. Supreme Court uses: the traditional exception. What makes the prayer at school board meetings more interesting is that the Supreme Court has a line of cases that suggests that when children are present there is a stricter rule about prayer than when only adults are present. The rationale is that children are more impressionable than adults and more likely to feel coerced by official looking endorsement of religion. In theory if children regularly attend school board meetings for recognition, et cetera, the prayer may be more problematic than if they do not, of at a meeting like the county commissioners meeting. The practice is wide spread and there is not a case on point of which I am aware.

Student Rights: Should the teachers that come in direct contact with students (Homeroom, PE, MUSIC, ART, etc,) be able to know that the student is HIV positive?

Question brings the students rights to privacy and freedom from discrimination in tension with the teacher's right to work in a safe work place. Short answer students right to privacy wins because of stigma issue. A complicated issue in application, though

Do you hear any cases dealing with corporal punishment in schools? What is the line between discipline and abuse? How are administrators in some locales allowed to strike students when the parents are not?

Never. Corporal Punishment is permissible in N.C., but only if the individual school board expressly permits it. Regardless of its debatable educational value in theory, your follow-up questions indicate how incredibly difficult it could be to craft a policy that would keep the board from getting sued. I would jump up and down and stand to my head to persuade a board from allowing it. Except, I do want a new beach house and any board that allowed corporal punishment would be going along way to purchasing it,. Hmmmmmmm.

What rights do students have if they are arrested for possession of an illegal substance and claim that it wasn't theirs?

The specifics will vary from district to district, but the same general due process rights should be covered: the opportunity for an impartial hearing, and opportunity to be heard and to present evidence, the opportunity to confront and cross examine witnesses, the opportunity for assistance of counsel. Remember possession does not require ownership and conspiracy does not even require possession. So no only the bag man goes, but the gut standing there ( but is watching the door) goes as well.

Teacher Issues: How is it that teachers in some states can be fired for being gay?

Not sure they can, but here goes: Sexual Orientation is not a protected class under the constitution like race, gender national origin, et cetera and there is no Americans with Disabilities Act for gay people which prohibits discrimination in employment. In most southern states sodomy, and indeed oral sex outside of marriage, is a crime, regardless if it is two consenting adults. A U.S. Supreme Court case exactly on point ( police walked in during the act). Teachers must teach character and to do so must have good character. Can't have good character if do illegal sexual acts. If I sound unconvinced, I find it difficult to justify discharging a teacher for a status ( being gay) instead of conduct which has inhibited the teacher from performing his/her duties.

What is legal for teachers in regard to touching students? (Hugs, pats on the back, etc.)

There is not clear rule, so the lawyer would say no touching. I know that's not possible, but even same sex touching can be suggested to have a sexual overtone. Definitely no touching alone.

What advice would you give to future teachers about avoiding lawsuits from students?

Know your local policies. Document, Document, Document. If you think there's a chance ask first up stream and have witnesses. Sooner or later a teacher will get sued. Belong to your teacher's union.

Current Trends in Education: With No Child Left Behind and the like, do you find yourself dealing with more federal laws, or more state and local laws?

State and local still the biggies, but federal coming on strong.

What do you see coming down the road as the major legal issues facing education?

High stakes testing and closing the gap w/ minorities and funding disputes