Using the theoretical framework of interest convergence, this document analysis explores the legacy of Lau v. Nichols as a gateway to instructional programs for classified English learners in the state of Massachusetts that maintain the hegemony of English as the primary goal of schooling. Findings reveal that interest convergence is an organizing…

A 2017 landmark case with the United States Supreme Court, Endrew vs. Douglas, would fundamentally change the provisions for a free and appropriate public education (FAPE) for students with disabilities. Under Endrew vs. Douglas, special education services must confer academic and functional benefit. Emotional Impairment (EI) is one of 13…

Almost 7 million children aged 3 to 21 received special education services under Part B of the Individuals with Disabilities Education Act (IDEA) in school year 2016-17. The Government Accountability Office (GAO) was asked to review parents' use of the Individuals with IDEA dispute resolution options. This report examines (1) how often IDEA…

For this 16th article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is the consequences of student concussions under the Individuals with Disabilities Education Act (IDEA) and/or the Rehabilitation Act of 1973 Section 504. More specifically,…

This article uses philosophical analysis to clarify the arguments and claims about racial discrimination brought forward in the recent legal challenges to affirmative action in higher education admissions. Affirmative action opponents have argued that elite institutions of higher education are using negative action against Asian American…

Many school districts have recently revised, or tried to revise, their policies for assigning students to schools, because the legal and political status of racial and other kinds of diversity is uncertain, and the districts are facing fiscal austerity. This article presents case studies of politics and student assignment policy in three large…

Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004(IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study examined 258 due process hearings held over the past 8 years in…

What happens if Americans fundamental freedoms are denied or deferred? What is the ideal of freedom? Boston, Massachusetts, has long been a crucible for social, cultural, and political change. Here was the shot heard 'round the world, stronghold of abolition, home to the U.S. Colored Troops, the birthplace of American literature.... Boston is also…

This report has been provided to the Legislature on an annual basis since the year 2000. This report is issued in the context of a change in focus for the U.S. Office of Special Education Programs (OSEP), the federal agency which oversees the Individuals with Disabilities Education Act (IDEA) implementation in each state. OSEP's new accountability…

This report has been provided to the Legislature on an annual basis since 2000 when the legislature amended the language of G.L. c. 71B to align Massachusetts special education terminology with the federal Individuals with Disabilities Education Act (IDEA). This year reports the context of a major change in the way state systems of special…

In the Horne v Flores Supreme Court decision of June 25, 2009, the Court wrote that one basis for finding Arizona in compliance with federal law regarding the education of its English learners was that the state had adopted a "significantly more effective" than bilingual education instructional model for EL students --Structured…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

Advocates of educational accountability policies say that the policies are intended to use the state's authority to ensure equal educational opportunity. Opponents make essentially the opposite claim: that expanded state power is intended to disempower local communities and to single them out for blame, in response to larger political and economic…

Discusses the difficulties of funding parental or school choice systems in public schools through traditional school finance mechanisms. It examines the parental-choice program as enacted in Massachusetts, and reveals that parental choice undermines local control over education. It also explores school choice and educational equity, arguing…

The paper explores recent legal and programmatic changes in the education of the handicapped in Massachusetts. A first section highlights some aspects of the law, including court interpretations of the meaning of "appropriate education" and examples of state legal standards that are different than federal standards. Also addressed are…