A 2007 report from the Congressional Budget Office (CBO 2007) estimated that 12 million "unauthorized immigrants" lived in the United States, defining the term "unauthorized immigrants" as "foreign citizens residing in the United States illegally." Without providing exact numbers, in his 2011 State of the Union address, President Obama addressed…

A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

The Supreme Court's recent decision in "Fitzgerald v. Barnstable School Committee" (2009) expands the opportunities for students and their parents to sue school boards for alleged sex discrimination. Even so, as discussed here, "Fitzgerald" should have little effect on the day-to-day operations of school systems. This column…

Schools officials owe a duty of care to all the students in their custody. An emerging, but not unanimous, judicial consensus seems to agree that school board officials have a greater legal duty when supervising students with disabilities. A case on this important issue arose in "Jennifer C. v. Los Angeles Unified School District"…

According to the Individuals with Disabilities Education Act (IDEA), once students with disabilities receive educational placements, school officials cannot unilaterally change their settings. When officials wish to change the placements of students with disabilities for any reason, they must not only notify their parents of their intent to do so…

In 1990, Congress enacted the Americans with Disabilities Act as a comprehensive mandate to eliminate discrimination against individuals with disabilities. The ADA's primary intent was to extend the protection of Section 504 of the Rehabilitation Act of 1973. The major difference between the two laws is that Section 504 applies to programs that…

In the midst of growing controversy over the limits of student expression on the Internet, a federal trial court in Pennsylvania addressed the extent to which education officials can restrict the ability of student teachers and, by extension, teachers and other school employees, to exercise their rights to free speech on Internet social networking…