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Leandra Hinojosa Hernández; Stevie M. Munz – Communication Education, 2024
In this article, we provide an overview of the overturning of Roe v. Wade and consider its implications for communication classrooms in higher education. We assert that we as communication educators have a moral imperative to consider the role of intersectionality and reproductive justice in our teaching philosophies and implementation, and to do…
Descriptors: Higher Education, Pregnancy, Controversial Issues (Course Content), Intersectionality
Jon S. Iftikar; David H. K. Nguyen – Change: The Magazine of Higher Learning, 2024
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…
Descriptors: Court Litigation, Affirmative Action, College Admission, Civil Rights Legislation
James G. Martin Center for Academic Renewal, 2020
Due Process is the right to fair and objective process in judicial matters. This is a right recognized in the 5th and 14th amendments of the United States Constitution, which provides that no one should be "be deprived of life, liberty, or property, without due process of law." In campus judicial proceedings, institutions should rely on…
Descriptors: Civil Rights, Higher Education, Citizenship, Constitutional Law
Misco, Thomas; Molina, Estevan; Schultz, Brian – Social Studies, 2021
The United States has a lengthy history of welcoming immigrants from throughout the world and ultimately naturalizing and conferring citizenship to them. Yet, a number of indigenous and people of color never consented to citizenship and many still do not wish to have it. This article explores the role of citizenship as a tool to not only…
Descriptors: Immigrants, Indigenous Populations, Citizenship, Acculturation
Kevin Welner – Peabody Journal of Education, 2024
The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…
Descriptors: School Choice, Educational Vouchers, Charter Schools, Religious Schools
Diem, Sarah; Smotherson, Brittany – Equity Assistance Center Region III, Midwest and Plains Equity Assistance Center, 2022
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…
Descriptors: Desegregation Litigation, School Desegregation, School Districts, Educational History
Foo, Cornell E.; Schaefer, George R.; Russell, Angela R. – Physical Educator, 2023
This case presented in this article involves a transgender middle school student-athlete (BPJ) and the West Virginia State Board of Education (WVSSAC). BPJ, who at the time was preparing to enter sixth grade at a new school, alleges that Defendants Burch, Stutler, the WVSSAC, and Attorney General Morrisey deprived her of equal protection under the…
Descriptors: Athletics, Middle School Students, Student Athletes, Grade 6
Hunt Institute, 2022
This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…
Descriptors: Black Colleges, Educational Finance, Federal Aid, Educational Equity (Finance)
Zirkel, Perry A. – Communique, 2020
Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…
Descriptors: Students with Disabilities, Discipline, Court Litigation, Constitutional Law
Tampio, Nicholas – Phi Delta Kappan, 2021
The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…
Descriptors: Student Rights, Access to Education, Civil Rights, Citizenship
Eckes, Suzanne E. – Educational Researcher, 2021
A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.
Descriptors: Form Classes (Languages), LGBTQ People, Sexual Identity, Teacher Attitudes
Superfine, Benjamin M. – Teachers College Record, 2022
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…
Descriptors: Public Education, Private Education, Religious Education, Educational Policy
Guanci, Sin R.; Blackburn, Mollie V. – Equity Assistance Center Region III, Midwest and Plains Equity Assistance Center, 2022
The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…
Descriptors: Educational Legislation, Federal Legislation, Gender Discrimination, Sex Fairness
Parker, Jerry L. – Research Issues in Contemporary Education, 2020
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…
Descriptors: Constitutional Law, Citizenship, Educational Policy, Civil Rights
Zirkel, Perry A. – Communique, 2019
Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…
Descriptors: Suicide, Adolescents, Legal Responsibility, Court Litigation