The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

In 1954, the Supreme Court delivered the landmark decision of "Brown v. Board of Education"--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a…

School districts must not only be knowledgeable about the historical context of school desegregation, but also what current efforts are occurring across the U.S. to combat school segregation as they may help guide them in leveraging policy in their own school communities' school integration endeavors. Thus, the purpose of this "Equity by…

No Child Left Behind and the Every Student Succeeds Act have made accountability central to conversations about education policy. But neither statute articulates a clear vision of what constitutes "quality" or "equity" in education, nor do they include a mechanism to ensure that schools have sufficient resources to pursue that…

Resource exposure was a key mechanism linking patterns of racial segregation and student outcomes during the Brown v. Board of Education era. Decades later, past progress on school desegregation may have stalled, raising concerns about resource equity and associated student outcomes. Are recent trends in segregation associated with racial…

Empirical data show that the COVID-19 pandemic deepened and exacerbated social inequalities, to the detriment of low-income communities of color. Using the law as a conceptual framework and legal research methodology, this study examines education law against the exacerbated social inequalities low-income students of color faced during the…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

"Resisting Divide-and-Conquer Strategies in Education: Pathways and Possibilities" examines the ways in which divide-and-conquer strategies operate in the American public education system. In U.S. education, these mechanisms are endemic and enduring, if not always evident. Coordinated, strategic, well-funded, politically-viable campaigns…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

Sixty-five years after the landmark U.S. Supreme Court case Brown v. Board of Education, the federal and judicial role in school desegregation has declined. In a more difficult political and legal environment, it has fallen on school districts to develop and implement voluntary integration plans through diversity-minded student assignment…

This research applies critical race theory to investigate Michigan's system for funding public schools, focusing on structural racism and discrimination embedded in education finance laws, housing policies, and residential and educational segregation. We find that the average Black student receiving free or reduced-price lunch (FRL) receives $411…

Educators in economically and racially segregated schools enact subgroup entitlement policies, such as Title III and IDEA (Individuals with Disabilities Education Act), as they negotiate the diverse and underserved needs throughout the student body. How do subgroup entitlement policies for English learners and students with disabilities shape…

Through the juxtaposition of 2 recent Supreme Court actions--"Allston v. Lower Merion County School District" (2015) and "Endrew F. v. Douglas County School District" (2017)--this article argues that special education is a neoliberal property that works to recruit disability through scientific-juridical qualifications of…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

Schools in the United States continue to be segregated by race and socioeconomic status, almost 70 years after the landmark Brown v. Board of Education ruling that aimed to desegregate schools. Segregation exists in three ways in K-12 schools: (1) Across districts. This is the case in about two-thirds of segregation in metropolitan areas; (2)…