Title I accountability requirements under the Every Student Succeeds Act (ESSA) represent the present-day instantiation of Lau, which requires schools to provide a program for English learners (ELs) that supports their meaningful engagement and to provide transparent information about EL program quality. This study uses critical policy analysis to…

As policy debates concerning LGBTQ+ students and staff continue across the American education system, there is not a clear description of the prevalence of local policy protections, even in states with legislative mandates, nor a strong understanding of how to expand reform initiatives. After conducting a document analysis of policies with a…

During (and after) the lockdowns of the COVID-19 pandemic, educational communities have employed distance education to reach their students. However, not all districts are aware of the legal requirements of using instructional materials in a virtual setting. In recognition of the growth of virtual learning environments, Congress passed the…

Introduction: This study examined potential legal precedent set by holdings in administrative due process hearings where instruction in the expanded core curriculum (ECC) for school-age children was decided. Methods: This study used an analogical reasoning approach. This legal research method includes examining the rule of law, presenting cases…

As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…

In 1954, the Supreme Court delivered the landmark decision of "Brown v. Board of Education"--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a…

Changes in Title IX policy feature questions about due process and procedures, however campus response to sexual violence includes a wide array of support professionals each with their own guiding principle, or institutional logic. Building on prior research identifying contradictions between service professionals and the theory of institutional…

Using critical discourse analysis, this article reveals how power is inherent in and maintained through Title IX campus-based adjudication processes. We interrogate the role of identity and power in Title IX adjudication processes through an intersectional analytic framework. We challenge the reliance on fairness and neutrality, which leads…

After dropping steadily from 2000-2001 to 2013-2014, the percentage of students identified under the IDEA classification of specific learning disabilities (SLD) levelled off and increased slightly until the latest data available (2017-2018; NCES, 2019). Despite the recognition in the IDEA amendments of 2004 of response to intervention (RTI) as…

Undocumented college students in the United States encounter a number of structural barriers to postsecondary education success, including disparate in-state resident tuition (ISRT) policies across the country. Texas, the first state to establish ISRT benefits for undocumented college students, has been a site of tension respective to this issue…

The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in…

This article uses the question "Can government and businesses mandate the COVID-19 vaccine?" as a starting point for an interdisciplinary lesson appropriate for a variety of business law classes. This lesson includes several important overlapping learning goals: (1) It expands students' ability to analyze how the complexity associated…

The Individuals with Disabilities Education Act grants dissatisfied parents of students with disabilities the right to pursue legal remedies. In 2007, Rose and Zirkel found that parents of students with reading disabilities seeking Orton-Gillingham (OG) instruction under the IDEA's central obligation for a free appropriate public education (FAPE)…

Qualified teachers with disabilities are protected by the Americans with Disabilities Act (ADA). To maintain legal compliance, principals must have an understanding of employment law, but often lack the training to prevent legal liability. This study reviewed litigation on discrimination claims under the ADA and Section 504 of the Rehabilitation…

Although current and former English Learner (EL) or "ever-EL" students comprise one of the fastest-growing K-12 populations, we still know relatively little about the factors that influence their college-going. Using Perna's seminal college-going model as a launching point, we propose a policy-driven empirical approach to explore how…