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…

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…

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,…

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.

This paper compares two modern sanctuary institutions primarily construed for undocumented peoples in the U.S.; Christian-based church sanctuaries, and public-school districts that have declared themselves as 'sanctuaries.' Through examination of 10 church sanctuary resolutions and 10 school district resolutions from across the country, the study…

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…

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…

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…

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…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Gary Armstrong, assistant principal, is faced with a delicate situation. The elementary school recently enrolled a transgender student, and the principal, Amy Lamar, is resistant to considering the student's unique needs. This case was developed for use in a leadership course. Instructors can use the case to encourage dialogue around legal…

The 2007 "Parents Involved in Community Schools v. Seattle School District No. 1". Supreme Court 5:4 decision suggests that the Court is divided in its interpretation of "Brown" and its intent in addressing racial segregation. Although "Brown" intended equal educational opportunities through desegregation practices,…

This article examines the legal and policy complexities involved with students who are self-selecting into haven charter schools. Haven charter schools are those that intend to create a safe place for students with complex histories who may have been intimidated by a dominant group in their former schools. For the purpose of this study, haven…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Ritha Smith, assistant superintendent, and Seth Hanson, principal, are faced with a difficult decision. Taylor Harper is a transgender student who identifies as male and is openly attracted to females. Taylor's parents, Lane and Morgan Harper, are lesbians; they are fully supportive of their child's identification and are well versed in their…