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…

This paper presents a review of legislation and court cases that have resulted in the present guidelines and criteria for transition services for students with special education needs. These include effective transition to post-secondary learning, career, and/or independent living. Transition planning is viewed from the lens of the Shapiro and…

In recent years, record numbers of undocumented and asylum-seeking families and children from Mexico and Northern Triangle countries--El Salvador, Guatemala, and Honduras--crossed the U.S. southwest border in search of safety and opportunity. Some cross undetected, without registering with immigration authorities and becoming…

More than 50 years after the term "sexual harassment" was coined in 1971, the problem persists, with 59% of U.S. women undergraduates reporting that they have been sexually harassed since enrolling in college. Historical narrative offers a deeper understanding of current issues, yet the historiography of higher education has remained…

The current debate swirling around the inclusion of transgender individuals in sports is a complex and nuanced issue. This article reflects on how athletic organizations have historically dealt with this dilemma, as well as covers key legal battles that have surfaced in recent years in secondary schools and universities across America. With the…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis…

Since its inception, Title IX, which celebrated its 48th anniversary in June 2020, has promoted gender equity in schools, colleges, and universities across the nation. Title IX not only has helped girls and women throughout the country level the playing field in educational programs such as sports--a frequently cited contribution, especially at…

The 1971 passage of the Twenty-Sixth Amendment to the US Constitution was a significant step in advancing voting rights that offered a new route for young people to participate in public life. While met with enthusiasm in many quarters, the question of where a substantial segment of the youth vote--college students--would cast their ballots was a…

Resource exposure was a key mechanism linking patterns of racial segregation and student outcomes during the Brown v. Board of Education era. Decades later, past progress on school desegregation may have stalled, raising concerns about resource equity and associated student outcomes. Are recent trends in segregation associated with racial…

Counselor education has moved firmly into the online space with multiple accredited programs available to students and potential faculty. These programs can cross state lines, either by location of training, placement of faculty, or both. As such, there are legal and ethical considerations that are outside of those that are typically considered.…

Background/Context: Urban educational systems have garnered focused examination as bastions of educational inequity, particularly along race and class cleavages. These systems are often cited as inefficient bureaucratic institutions plagued by financial mismanagement and political corruption that produce dismal achievement outcomes. Contemporary…

LGBTQIA students are an important stakeholder group on college and university campuses, especially as both their visibility and expectations for support and empowerment on campus increase. But how ready is the field of higher education for litigation related to LGBTQIA issues, and how should student affairs practitioners prepare to address LGBTQIA…

The Individuals with Disabilities Education Act (IDEA) requires that States and entities receiving Part B funds offer processes to resolve disagreements arising under the IDEA. These processes include: (1) written state complaints; (2) mediation; and (3) due process complaints (which include resolution meetings). Statistics from these processes…

When education initiatives set out to help those who have been "historically disadvantaged or historically marginalized," they perfectly describe students with disabilities. Yet too often, these students have been excluded from conversations about equity in education. Congress opened public school doors for millions of children with…