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…

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…

Although current and former English Learner (EL) or "ever-EL" students comprise one of the fastest-growing K-12 populations, we still know relatively little about the factors that influence their college-going. Using Perna's seminal college-going model as a launching point, we propose a policy-driven empirical approach to explore how…

This research examines the gap between federal and state legal standards and policies related to educational provision for school-age youth detained in the United States, and secondary evidence documenting the educational services that are provided to unaccompanied im/migrant children in federal custody. The educational provision for unaccompanied…

Arizona has played a large part in the development and implementation of policy that directly inhibits equity of opportunity for the English learner (EL) population, the largest and most damaging of which came out of legislation passed due to the "Flores v. Arizona" case which concluded in 2015. This research article seeks to critically…

The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…

Shifts in the visibility and recognition of LGBTQ+ identity have been accompanied by an evolution in understanding how educational policies, curricula, and environments impact well-being, health, and academic success. Since 2015, landmark decisions by the U.S. Supreme Court recognizing same-sex marriage and expansively defining sex under…

In US public schools, linguistic diversity is growing rapidly with an increasing number of students who are learning English. Federal and state policies lay the foundation for language acquisition through (re)classification processes for English Learners (ELs). However, the classification process runs the risk of establishing separate services for…

"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…

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…

Federal legislation, such as the Americans with Disabilities Act, Section 504, and the Individuals With Disabilities Education Act, mandates that individuals with disabilities be integrated in all aspects of life from education to employment to independent living. A recent development involves a settlement reached between the United States and the…

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…

Exemplifying the insufficient treatment of legal issues in refereed journals in special education and related fields, the limited legal coverage of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) tends to view the applicable case law through normative lenses. This skewed view characterizes the case law as requiring…

Migration over the U.S. southwest border in the past decade has been composed of growing numbers of undocumented and asylum-seeking families and children from Mexico and Central America, with larger increases starting in fiscal year (FY) 2017. By U.S. law, states must provide education to all children, regardless of immigration status. Yet…