In 1954, the Supreme Court delivered the landmark decision of "Brown v. Board of Education"--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a…

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…

Changes in Title IX policy feature questions about due process and procedures, however campus response to sexual violence includes a wide array of support professionals each with their own guiding principle, or institutional logic. Building on prior research identifying contradictions between service professionals and the theory of institutional…

Though "Lau v. Nichols (Lau)" has garnered substantial educational gains for multilingual learners (MLs), we address two limitations. Namely, there is a need to historicize the interlocking language, ability, and racial differences and to examine MLs through an intersectional lens. We delineate the historical entanglements of language,…

Using critical discourse analysis, this article reveals how power is inherent in and maintained through Title IX campus-based adjudication processes. We interrogate the role of identity and power in Title IX adjudication processes through an intersectional analytic framework. We challenge the reliance on fairness and neutrality, which leads…

Five days after the U.S. Supreme Court handed down its ruling in "Endrew F. v. Douglas County School District," the U.S. Court of Appeals for the Ninth Circuit issued a decision in "M.C. v. Antelope Valley Union High School District." This important decision involved a student who was being served under the Individuals with…

The peer-reviewed special education literature has included notable attention to the peer-reviewed research (PRR) provision that the 2004 amendments added to the Individuals with Disabilities Education Act (IDEA). However, as with the other IDEA issues, the legal accuracy of this translating treatment for special education professionals is subject…

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…

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…

For this 22nd article in the series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the topic is child find and eligibility under the Individuals with Disabilities Education Act (IDEA), including as a secondary matter the intersecting requirement for a comprehensive…

Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…

Due Process Hearings are one of three formal dispute resolution procedures provided to parents of children with disabilities by the Individuals with Disabilities Education Act of 2004 (IDEA). Whereas students receiving special education typically comprise approximately 14% of student enrollment, litigation tied to special education disputes…

Although reading remains a priority in the Every Student Succeeds Act (ESSA), the basis of the case law primarily is the Individuals with Disabilities Education Act (IDEA) due in significant part to its open adjudicative avenue. The purpose of this article is to provide a synthesis of the judicial rulings under the IDEA specific to reading…

Over the past decade, the students of North Carolina Agricultural & Technical State University in Greensboro, North Carolina, the largest historically Black public university in the country, were forced into the spotlight of a national fight over voting rights that has been profoundly reshaping our democracy. During the 2018 midterm elections,…

The purpose of this article is to discuss sources of confusion for school district personnel that have resulted in overidentification (i.e., false positives) and underidentification (i.e., false negatives) of 504-only students. The organizing framework for these sources of confusion is the applicable three-pronged legal definition for eligibility…