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Katherine A. Graves – Intervention in School and Clinic, 2024
Restraint and seclusion are frequently misused in schools, leading to harmful outcomes for students. There is currently no federal law regulating these practices, which has led to inconsistencies in state and district policies. This policy paper aims to provide a brief background on current definitions, case law, and policies and provide teachers…
Descriptors: Punishment, Discipline, Discipline Policy, Court Litigation
Perry A. Zirkel – Communique, 2024
School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…
Descriptors: Learning Disabilities, Students with Disabilities, Special Education, Educational Legislation
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McQuillan, Mollie T. – Educational Policy, 2023
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…
Descriptors: LGBTQ People, Educational Policy, Board of Education Policy, School District Size
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Foo, Cornell E.; Schaefer, George R.; Russell, Angela R. – Physical Educator, 2023
This case presented in this article involves a transgender middle school student-athlete (BPJ) and the West Virginia State Board of Education (WVSSAC). BPJ, who at the time was preparing to enter sixth grade at a new school, alleges that Defendants Burch, Stutler, the WVSSAC, and Attorney General Morrisey deprived her of equal protection under the…
Descriptors: Athletics, Middle School Students, Student Athletes, Grade 6
Zirkel, Perry A. – Communique, 2022
This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.
Descriptors: Dyslexia, State Legislation, Equal Education, Educational Legislation
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Yell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis – Intervention in School and Clinic, 2023
In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…
Descriptors: Drug Use, Drug Therapy, Marijuana, Special Education
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Chase, Alan Anthony – Journal of Visual Impairment & Blindness, 2022
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…
Descriptors: Core Curriculum, Court Litigation, Individualized Education Programs, State Legislation
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Dickson, Elizabeth – Australian Journal of Education, 2022
The "Disability Discrimination Act 1992" (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion…
Descriptors: Foreign Countries, Educational Legislation, Students with Disabilities, Disability Discrimination
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Horton, Alexandrea – Journal of Interdisciplinary Studies in Education, 2022
Students in the present educational landscape are experiencing issues of bullying and harassment at an alarming level. A primary duty of a school administrator is to ensure the safety of all students from the repercussions of unattended to bullying and harassment issues, which has become a significant challenge with the increase in remote…
Descriptors: Bullying, Victims, State Legislation, School Culture
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Pirkle, Jesseca R. A. – Health Education & Behavior, 2023
Since federal legalization in 1973, abortion has become a safe and popular option for those who desire to terminate a pregnancy. However, the Supreme Court decision of "Dobbs v. Jackson Women's Health Organization" in June 2022 clearly outlined a national divide that shifted abortion rights in the hands of state legislatures. This shift…
Descriptors: Pregnancy, Federal Legislation, State Legislation, Females
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Zirkel, Perry A. – Journal of Special Education Leadership, 2023
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…
Descriptors: Students with Disabilities, Home Instruction, Student Placement, Home Schooling
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Camille Walsh – History of Education Quarterly, 2023
Fifty years after the Supreme Court issued its ruling in "San Antonio Independent School District v. Rodriguez," the trajectory of school finance desegregation has shifted from expansive federal hopes to narrower state efforts. Attempts to address many of the disparities continue to be constrained by the complex and intersecting nature…
Descriptors: Court Litigation, School Desegregation, Desegregation Litigation, Educational Finance
Samantha B. Kane – Annenberg Institute for School Reform at Brown University, 2025
This paper studies the impact of state reproductive rights laws on women's human capital decisions after the U.S. Supreme Court eliminated the constitutional right to abortion in "Dobbs v. Jackson Women's Health Organization" (2022). Using data from the Common App, the undergraduate college admission application, I implement a…
Descriptors: Court Litigation, College Applicants, Females, High Achievement
Zirkel, Perry A. – Communique, 2021
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…
Descriptors: Learning Disabilities, Students with Disabilities, Educational Legislation, Eligibility
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Tapia-Fuselier, Nicholas; Jones, Veronica A.; Harbour, Clifford P. – Education Policy Analysis Archives, 2021
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…
Descriptors: In State Students, Tuition, Undocumented Immigrants, College Students
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