The NCAA student-athlete compensation rules have changed. That change will have consequences, both intended and unintended. An athlete's name, image or likeness (NIL) may have protectable intrinsic value. The right to license and profit from one's NIL, often referred to as the "right of publicity," is explicitly recognized by statute or…

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper,…

This paper uses the author's time as a Fulbright Roving Scholar in American Studies to Norway as an entrée into exploring human rights discourse and Human Rights Education in Norway, a country that is often thought of as one of the centers of human rights work in Europe--and appreciates this association. It begins by situating human rights in…

The Committee on Education and Labor met to hear testimony on "Examining the Policies and Priorities of the United States Department of Education." The U.S. Department of Education was making a budget request for Fiscal Year 2022 and the Committee wanted to examine the Department's priorities to support students, educators, and…

Data systems are becoming powerful tools to address students' diverse and changing needs, but without comprehensive data privacy policies, the risks of unintentional or malicious disclosures of students' private information is increasing. Given the mounting challenges to protect data privacy, Education Commission of the States assembled data…

The focus on using the courts to abolish tenure is a distraction from the important work of improving teacher quality. Unfortunately, the recent decision of Vergara v. California has only perpetuated the mistaken notion that only after tenure is abolished can underperforming teachers be removed. But the authors contend that administrators,…

Oklahoma's Student Data Accessibility, Transparency, and Accountability Act (known as the Student DATA Act) arose just as privacy concerns about student data were beginning to surface. According to Linnette Attai, founder of education technology compliance consultancy PlayWell LLC, "When this climate of data privacy first emerged in its…

Racism exists within communities and within colleges. It is ever-present in the structures that professionals in the California Community Colleges system work within and that students of color must navigate. Striving to achieve equity is not enough and is not possible within the current community college system. Policies, processes, and other…

This article examines the legal and political significance of teacher unionization in rural and suburban school districts between 1960 and 1975. While most historians focus on the growth of unions in urban areas, strikes in outlying districts played a determinative role in the development of public sector labor law, particularly in the arbitration…

This paper examines the options available to states to redefine their accountability systems as they begin to implement the Every Student Succeeds Act (ESSA). The new law provides the possibility that states can create more balanced systems of support and accountability focused on educating young people so they can become productive, engaged…

This qualitative study examined California community colleges' holistic, campus-wide compliance with the Americans with Disabilities Act and related laws and regulations, looking beyond individual academic adjustments. After considering the history of disability law, the research used officially reported legal decisions involving California…

Strong mental and behavioral health supports on campus can improve the academic performance of students and increase their resilience and ability to handle stress, with reduced suicide rates, substance abuse, and eating disorders, but this study reveals that students with mental health disabilities continue to face barriers to accessing counseling…

Students with specific learning disability (SLD) continue to account for a higher proportion of all special education enrollments than any other classification under the Individuals with Disabilities Education Act (IDEA). Probably the most frequent topic in the special education literature since the 2004 amendments to IDEA has been the movement…

This study was mandated by SB537 (Simitian, Chapter 650, Stats. of 2007, codified at Ed. Code Section 47613), which requires the California Research Bureau (CRB) to prepare and submit to the Legislature a report on the key elements and actual costs of charter school oversight. Charter schools are public schools that are operated by entities other…

A comprehensive search identified 31 state statutes and regulations specific to functional behavioral assessments (FBA) and behavior intervention plans (BIP) in the special education context. A systematic tabulation of the state law provisions that exceed the rather narrow foundation requirements of the Individuals with Disabilities Education Act…