School board members encounter a range of challenging issues as they provide oversight and strategic guidance for the school districts they represent. Some of the most daunting challenges can involve the education of students with disabilities. All children eligible for special education must be provided with a free and appropriate public…

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…

The lack of support for transfer students, specifically students with individualized education plans (IEP) into school environments, is problematic. At times, IEP students face additional obstacles and challenges due to their disabilities compared to the regular education population. The authors formulated a case that follows an IEP transfer…

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.…

This dissertation analyzed court decisions in injuries on school grounds cases under the Louisiana Governmental Claims Act. The question addressed was: How have the Louisiana courts interpreted the Louisiana Governmental Claims Act in litigation against Louisiana school districts and their employees? The intent of this study was to show how…

The importance of education for Asian Americans looking to fight race-based discrimination, create a sense of community, and reclaim and establish an identity is well documented. In 1884, Mary and Joseph Tape, Chinese immigrants living in San Francisco, sued the San Francisco Board of Education and the principal of the Spring Valley Primary…

In 1955, the General Convention of the Episcopal Church called for the racial desegregation of Episcopal institutions: parishes, seminaries, and schools. The study of Episcopal school desegregation reveals a fundamental paradox: Episcopal theology promoted desegregation but "white flight" spurred Episcopal school growth. The question of…

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…

Fifty years ago, John G. Davis published an article on Teacher Dismissal on grounds of immorality and the "new morality" of the 1970s. While much has changed in terms of morality and moral turpitude in 50 years, this article reviews the current case law and reasons teachers continue to be fired today over issues of immorality and sexual…

This essay attempts to show how the Social Darwinist thinking of white racial superiority, and so, ultimately, white supremacy, came to be institutionalised in law in South Africa. It looks specifically at the making and institutionalisation of the School Board Act (SBA) of 1905 of the Colony of the Cape of Good Hope. It argues that the SBA…

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.…