On June 23, 1972, President Richard M. Nixon signed into law Title IX of the Education Amendments of 1972, which prohibits gender discrimination in any federally financed education program or activity. Title IX is far-reaching, but the law is most often associated with school and college athletics. Title IX allows schools to prove their athletic…

It's not unusual for lawmakers to debate aspects of the American political system, but a recent discussion in Utah's House of Representatives wasn't merely theoretical. The bill under consideration, since signed into law, requires public schools to teach that the United States is a "compound constitutional republic." The curriculum also…

Besieged by state proposals to eviscerate collective bargaining, eliminate teacher tenure, and make it harder to collect dues, teachers' unions are fighting back. Lawsuits supported by local union affiliates have for now blocked anti-union legislation in Alabama and Wisconsin. E-mail "blasts," phone banks, and rallies are also among the…

The National Education Association suggested this week that school districts need not use their own money to pay for obligations under the No Child Left Behind Act, in the wake of a federal appeals court ruling that revived the union's lawsuit challenging the law as an unfunded federal mandate. The January 7, 2008 ruling means that "as a…

Although U.S. Secretary of Education Arne Duncan ultimately decides which states get relief from key requirements of the No Child Left Behind Act, a group of outside judges will wield tremendous influence in deciding states' fates. With states facing compliance deadlines under the law and Congress moving slowly on reauthorizing the Elementary and…

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

State-level battles over changes in education policy have shifted in many places from legislative chambers to courthouses, as unions and other critics of new laws challenge them on the grounds that they violate state constitutions and worker contracts. Republican governors and lawmakers--their ranks bolstered by the 2010 elections--won passage…

The U.S. Supreme Court has agreed to step into one of the most contentious and costly areas of special education law by accepting a case involving a parent's efforts to seek public reimbursement for a private school placement of his child. In this article, the author talks about the case entitled, "New York City Board of Education vs. Tom…

The U.S. Supreme Court will hear oral arguments later this month from a class action Miriam Flores, 42-year-old Mexican-born homemaker, joined on behalf of her first child in 1996. The lawsuit, Flores v. State of Arizona, contends that programs for English-language learners in Nogales are deficient and receive inadequate funding from the state.…

Now that a high-profile and potentially influential panel has released its detailed proposal for revising the No Child Left Behind Act, the Bush administration and education groups are waiting to hear from the institution that matters most, Congress. The Aspen Institute's Commission on No Child Left Behind unveiled 75 recommendations for changes…

This article reports a U.S. Supreme Court decision last week which supports the parents of a Massachusetts student who claimed that school officials failed to respond adequately to sexual harassment of their daughter--then in kindergarten--by a 3rd grade boy on her bus. The parents sued the district under both Title IX and Section 1983. In the…

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with disabilities are appropriate. The state's action, which follows a similar move by New York state in August, is considered a success by parents and advocacy…

In this article, the author states that by granting review of the third case in two years involving the Individuals with Disabilities Education Act, the U.S. Supreme Court has signaled a renewed interest in resolving legal conflicts arising under the federal law that governs services provided to nearly 6.7 million school children in special…

When cobbling together the landmark No Child Left Behind Act in 2001, Congress quietly tacked on an unusual provision that says the law does not require states or school districts "to spend any funds or incur any costs not paid for under this act." Little noticed at the time and lifted directly from an earlier version of the law enacted…

The U.S. Supreme Court appeared sharply divided over the question of whether the main federal special education law allows parents to be reimbursed for the costs of experts when they prevail in legal proceedings. The case argued on April 19, 2006, asks whether a court may require a school district to pay the fees of an expert who assists parents…