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…

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…

Full membership is acceptance and belonging in a school community where all stakeholders have a voice and the culture is reflective of these values and beliefs. This qualitative study compared the perceptions of general and special education teachers from two southern high schools. The author explored how scripts of disability inform teacher…

The decision handed down by the Supreme Court in Brown v. Board of Education was not only a legal victory for African Americans in the United States, but all groups who were forced into exclusionary environments. In the shadows of Brown, advocates began seeking reforms that would allow students with disabilities to receive their education…

Southern California is facing a demographic transformation that will become characteristic of the nation as a whole in coming decades. In this research, we present a historical review of the region's attempt to address school inequity, recent enrollment and segregation trends, and an investigation of whether segregation still matters. Our results…

The call for American students to meet world-class standards in the federal Goals 2000: Education America Act (1994) and No Child Left Behind legislation, as well as state standards and accountability legislation, has been explicitly inclusive: All students must be held to these high standards. Litigation offers the potential to leverage…

Less than half the nation's gifted students are placed in appropriate educational settings. The Javits Gifted and Talented Students Act acknowledges the need for special programs for these children, but doesn't mandate their creation. The legal status of programs for the gifted contrasts sharply with those for children in special education. This…

Today, school reform efforts that called for the expansion of school choice options for American families and their children are based upon the theory that the ability to select among educational alternatives was connected to rights and privileges guaranteed in the U.S. Constitution. As a part of a national movement toward increased school…

The Secretary of Education discusses gains made since Brown versus Board of Education ruling and recognizes much work still to be done. Presents five core building blocks for encouraging excellence and equality for all children: high standards; using traditional civil rights tools; using creative mechanisms encouraging excellence and diversity;…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…