The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

Charter schools face high-stakes accountability. When charter schools fail to perform as expected, including as measured on state tests, authorizers are often expected to close them. While the details of charter school oversight are shaped by each state's charter school policy, federal law influences how states test children and evaluate all…

The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

Can an academic institution be truly free if it relies on government funding? Federal dollars mean federal mandates, and those mandates grow increasingly draconian. More and more, they stifle debate on open questions, demand denial of verifiable scientific truths, eliminate due process for students accused of misdeeds by other students, or insist…

As of 2015, 17 special education voucher programs (SVPs) existed in 13 states and proposals continue to emerge. Eligible parents utilize these vouchers to enroll their children in private schools and thereby relinquish special education services and protections provided under the Individuals with Disabilities Education Act (IDEA). Using a…

Arguably the most strongly promoted approach by voucher advocates is a new form of government subsidy for private education, Education Savings Accounts (ESAs). Parents are provided a set sum which they can use for a variety of educational services including private school tuition and fees, online courses, extracurricular activities and private…

"Castañeda v. Pickard" (648 F.2d 989, [5th Cir. 1981]) was a significant legal case in the history of educational policy for non-native English-speaking students in the United States. The case established a three prong 'test' for programs for those students, including the right for students to have an educational program based on sound…

This critical discourse analysis examines the construction of an "appropriate" education by Florida administrative law judges in their special education final orders over time. The results indicate that despite each child being different, the construction of an appropriate education was uniform within the given time periods. Prior to the…

In response to disparities in postsecondary access, governments have enacted policies to facilitate the admission of traditionally underrepresented students. Known as affirmative action in the United States, the legal justification of this approach has varied. This article describes the legal and political history of affirmative action, the social…

School finance reforms are not well defined and are likely more prevalent than the current literature has documented. Using a Bayesian changepoint estimator, we quantitatively identify the years when state education revenues abruptly increased for each state between 1960 and 2008 and then document the state-specific events that gave rise to these…

The problem of campus sexual assault is viewed through the theoretical construct of institutional betrayal and the legal construct of Title IX.

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…

Secretary of Education, Betsy DeVos wants to privatize American education using charter schools, vouchers, tax credit scholarships, education savings accounts, and portable federal funds. Court and legislative decisions are facilitating these ends. Understanding the school choice agenda and its fiscal, academic, and legal aspects can help…

Purpose: The purpose of this paper is to explore how the principles of universal design can be implemented by faculty and course designers to help give all learners access to equivalent information. It describes how information communication technologies can create barriers to information access, particularly when course content is rich in…

The purpose of this study is to explore how a Florida administrative law judge (ALJ) adjudicated the giftedness of one student who was found ineligible to be enrolled in a gifted education program. Specifically, we explore the discourse in an ALJ's final order to uncover how an ALJ navigates through conflict and deconstructs the conflicting expert…