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Perry A. Zirkel – Communique, 2024
In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…
Descriptors: Functional Behavioral Assessment, Legal Responsibility, Educational Legislation, Equal Education
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Perry A. Zirkel; Zorka Karanxha – Journal of Special Education Leadership, 2024
As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…
Descriptors: Longitudinal Studies, Educational Trends, Special Education, Court Litigation
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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
April J. Anderson – Congressional Research Service, 2024
In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…
Descriptors: Affirmative Action, College Admission, Diversity (Institutional), Court Litigation
Knautz, Arcetta S. – ProQuest LLC, 2023
Title IX Coordinators are responsible for implementing standardized procedures related to each component of Title IX procedures on college and university campuses. The problem this study addressed was the gap in practice regarding the ways colleges and universities implement standardized procedures to ensure equitable due process for involved…
Descriptors: Coordinators, Federal Legislation, Higher Education, Educational Legislation
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Pisacone, Joanna – Journal of Student Affairs, New York University, 2022
The process of providing students with disabilities access to an education that is of appropriate quality is still a relatively new endeavor. Students with disabilities benefit from the support of family, educators, and many other professionals addressing the inequality that is faced in school. Ultimately, progress has been achieved from…
Descriptors: Special Education, Educational Legislation, Inclusion, Educational Change
Allyson Miller – ProQuest LLC, 2024
In this qualitative study, 21 Title IX federal court cases between 2000-2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits.…
Descriptors: Court Litigation, Federal Courts, Educational Legislation, Federal Legislation
Hunt Institute, 2022
This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…
Descriptors: Black Colleges, Educational Finance, Federal Aid, Educational Equity (Finance)
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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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Angela Tuttle Prince – Research and Practice for Persons with Severe Disabilities, 2024
A transition-aged youth with an individualized education program has the right to free, appropriate public education that includes postsecondary transition planning and services. The documented transition supports need to meet both procedural and substantive requirements. While many court cases have included transition components, few have been…
Descriptors: Childrens Rights, Individualized Education Programs, Individualized Transition Plans, Postsecondary Education
Carolyn Sattin-Bajaj; Adam Strom – EdResearch for Action, 2024
The EdResearch for Action "Overview Series" summarizes the research on key topics to provide K-12 education decision makers and advocates with an evidence base to ground discussions about how to best serve students. This brief discusses the central question: How can schools and districts promote the educational and social-emotional…
Descriptors: Immigrants, Social Development, Emotional Development, Well Being
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Alberto M. Ochoa; Cristina Alfaro – Bilingual Research Journal, 2024
This article documents the San Diego National Origin Desegregation Assistance Center (NODAC), one of the nine national centers established by the U.S. Office of Education to provide technical assistance to school districts cited under Section 601 of Title VI, from the Office for Civil Rights, to meet the Lau compliance requirement based on the Lau…
Descriptors: Court Litigation, Civil Rights Legislation, Federal Legislation, Equal Education
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R. Lawrence Purdy – Academic Questions, 2023
In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…
Descriptors: Military Schools, Racial Discrimination, Racial Factors, Court Litigation
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