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Direct linkZirkel, Perry – Exceptionality, 2022
This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…
Descriptors: Special Education Teachers, Advocacy, Teacher Role, Students with Disabilities
Warnick, Bryan R.; Thomas, Christopher D. – Teachers College Record, 2023
Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…
Descriptors: Court Litigation, Freedom of Speech, Student Rights, Constitutional Law
