Purpose: In 2017, the U.S. Supreme Court agreed to hear a highly publicized case brought by a transgender student, G.G., who was denied access to the bathroom that corresponds with his gender identity. Ultimately, the Court never heard this case, but the documents submitted to the Court remain a part of the historical record, worthy of examination…

The Individuals with Disabilities Education Act has deep roots in the civil rights movement; however, the legislation, as currently applied, has done little to address racial inequities in services students with disabilities receive. Too often, schools, districts, and states focus on complying with the regulations, while failing to make necessary…

Since 2017, hostile anti-LGBTQ+ educational bills rapidly expanded. Using traditional and critical policy analysis across three Midwestern states, we examine (1) whether state and local policymakers (n = 60) adopted trans-inclusive protections aligned with the 2017 federal "Whitaker" ruling, (2) the spread and scope of state and local…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

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…

Since the Supreme Court's 2007 "Parents Involved" decision, school districts have been pursuing integration in more legally and politically charged environments. The retreat of the federal government in the racial integration of schools is well documented, but less understood is what local school districts are doing to fill that void.…

In this research article, authors Hillary Parkhouse, Virginia Massaro, Melissa Cuba, and Carolyn Waters examine teachers' perceptions of their responsibilities to support undocumented students and the barriers they encounter in fulfilling them. Since the 1982 Plyler v. Doe decision guaranteed public K-12 education to undocumented students, there…

This case illustrates the importance for school leaders and teachers to be knowledgeable about current legal precedent when creating district and school policies. We describe a legal battle that occurred in Lancaster, Pennsylvania, in which a school district instituted a policy affecting English learners that was in violation of two federal laws.…

The urgency of immigration policy in the lives of immigrant students and families and educators is more evident than ever; however, education theories and educators' practices are not keeping pace with this lived reality. We draw on scholarship that examines the lives and educational experiences of undocumented students and undocumented or…

In response to the "Meredith v. Jefferson County Board of Education" Supreme Court decision, Jefferson County Public Schools (JCPS) reconfigured the district's race-based student assignment and implemented a race- and socioeconomic-based student assignment plan. Using hierarchical linear multiple regression, this study examined students'…

In 1973, British Columbia (B.C.) became the first province in Canada to forbid corporal punishment in public schools (B.C. School Act), followed by the majority of the other provinces. Alberta and Manitoba however, still have no provincially enacted legal prohibition, although many school boards have updated their policies to state that corporal…

This article reviews Canadian administrative law regarding homophobic bullying and school board decision making. Depending on the provincial legislation, school boards either have a mandatory or a discretionary duty to provide queer students with a safe learning environment. However, Canadian case law has arguably limited that discretion. Recent…

The recent federal guidance and litigation on transgender students have increased public awareness of the legal rights of transgender students. Title IX regulations have long permitted school districts to segregate male and female students in separate but comparable toilet, shower, and locker room facilities, but the legal issue presented by…

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…

No school board member, administrator, or teacher wants to see a student suffering from taunts of the student's peers, but with budget cutbacks, reductions in force, and increased class size, teachers and administrators are stretched too thin to easily identify, investigate, and remedy student-on-student harassment. But school districts must…