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Couvillon, Michael A.; Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2018
Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…
Descriptors: Special Education, Court Litigation, Educational Legislation, Federal Legislation
Horn, Catherine L.; Marin, Patricia; Garces, Liliana M.; Miksch, Karen; Yun, John T. – Educational Policy, 2020
Different from more traditional policy-making avenues, the courts provide an antipolitical arena that does not require broad agreement from various constituents for policy enactment. Seeking to guide court decisions on these policy issues, individuals and organizations have filed "amicus" briefs that increasingly include social science…
Descriptors: Educational Policy, Policy Formation, Court Litigation, Social Science Research
Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
Liebowitz, David D. – Educational Evaluation and Policy Analysis, 2018
In the early 1990s, the Supreme Court established standards to facilitate the release of school districts from racial desegregation orders. Over the next two decades, federal courts declared almost half of all districts under court order in 1991 to be "unitary"--that is, to have met their obligations to eliminate dual systems of…
Descriptors: Dropout Rate, School Districts, Desegregation Litigation, Federal Courts
Hammel, Alice M. – General Music Today, 2018
Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.
Descriptors: Court Litigation, Legal Responsibility, Student Rights, Access to Education
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
Shields, Timothy D. – International Journal of Educational Administration and Policy Studies, 2016
The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…
Descriptors: Copyrights, Court Litigation, Legal Responsibility, Federal Legislation
"Affirmative Action" and Equal Protection in Higher Education. CRS Report R45481, Version 3. Updated
Back, Christine J.; Hsin, JD S. – Congressional Research Service, 2019
The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…
Descriptors: Affirmative Action, Equal Protection, Higher Education, Federal Courts
Joondeph, Bradley W.; Camp, Bryan; Barry, Jordan; Pollack, Elliott B.; Chemerinsky, Erwin; Schwinn, Steven – Social Education, 2012
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (ACA). Whatever its merits as a matter of policy, it was a historic legislative achievement. No prior administration had successfully pushed national health reform through Congress, despite several attempts. Understandably, the mood at the act's…
Descriptors: Court Litigation, Federal Courts, Health Services, Federal Legislation
Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
Alger, Jonathan R. – Journal of Diversity in Higher Education, 2013
This invited commentary provides a response to the U.S. Supreme Court's decision in the case of "Fisher v. University of Texas at Austin" (2013). The author addresses the question regarding whether the newest decision about the use of affirmative action in higher education admissions raised the bar with respect to the legal doctrine of…
Descriptors: Court Litigation, Affirmative Action, Student Diversity, Federal Courts
Kaplan, Howard – Social Education, 2013
Fifty years ago, the Reverend Dr. Martin Luther King Jr. wrote his "Letter from a Birmingham Jail." In exploring the story of the events behind the essay, and the Supreme Court case that resulted, "Walker v. Birmingham", 399 U.S. 307 (1967), educators will find a pedagogically powerful lens through which to review the seminal…
Descriptors: Court Litigation, Social Studies, Civil Rights, Racial Segregation
Scruggs, Kevin – Social Education, 2013
March 18, 2013, marked the 50th anniversary of the Supreme Court's unanimous 1963 decision in "Gideon v. Wainwright." "Gideon," a petty criminal, accused of suspicion of breaking and entry was the seminal Supreme Court case that ruled that defendants in criminal cases have the right to an attorney even if they cannot afford to…
Descriptors: Court Litigation, Federal Courts, Democracy, Democratic Values
Sawchuk, Stephen – Education Week, 2013
The National Education Association, on behalf of three affiliates of its Florida chapter and seven teachers, last week filed suit against the Florida education department. They contend that some teachers are being judged against students or subjects they don't teach, in violation of their constitutional rights. The groups seek a federal court…
Descriptors: Court Litigation, Federal Courts, Evaluation Criteria, Teacher Evaluation
Middleton, Tiffany – Social Education, 2013
Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it has never been easier to access them. The average opinion is about 4,750 words, and is one of approximately 75 issued by the Court each year. It might be reassuring to know that opinions contain similar parts and tend to follow a similar format. There are also…
Descriptors: Opinions, Court Litigation, Content Analysis, Position Papers