A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

The federal government has been heavily involved in education since the mid-1960s, intervening in everything from early childhood education to graduate schooling. This paper lays out the principles that should govern federal involvement in seven specific areas and briefly examines the effects of Washington's policies. The areas are elementary and…

This article examines the legal and policy complexities involved with students who are self-selecting into haven charter schools. Haven charter schools are those that intend to create a safe place for students with complex histories who may have been intimidated by a dominant group in their former schools. For the purpose of this study, haven…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…

This Issue Brief, an update of "Authorizing Virtual Charter Schools: Rules of the Road on the Digital Highway" by Gregg Vanourek, is part of NACSA's Cyber series, which addresses issues in policy and practice that concern authorizing online schools and blended learning. It aims to improve authorizer understanding and oversight of online…

This document includes a case summary and the Supreme Court Justices' opinions on Crawford vs Board of Education of the City of Los Angeles. The Crawford case concerned the constitutionality of Proposition 1, a State constitutional amendment ratified by California voters to stop mandatory pupil reassignment and busing within the Los Angeles…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

Discusses Nebraska case involving efforts by parents to seek redress in federal court for their emotionally impaired daughter's difficulties with her band teacher; the parents claimed violation of the 14th Amendment, federal disabilities statutes, and state common law. Explains why the federal district court and Eighth Circuit rejected the…

Reviews court decisions involving challenges to state systems of financing education. The challenges have been based on Fourteenth Amendment rights to equal protection. To date 24 states have been involved with litigation. Systems that promote local control have been generally held to be constitutional. (42 references) (MD)

For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The…

Discusses 10th Circuit Court decision upholding constitutionality of Oklahoma school district's policy that prohibited, with certain exceptions, part-time school enrollment, thus denying home-schooled student from taking certain specialized courses. (PKP)

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

Language minority students are legally entitled to a baseline opportunity for an adequate, affirmative, appropriate, and effective education, allowing them an "equally fair shot" at a high school diploma. Certain absolute legal standards for this baseline educational entitlement are posited to exist; this claim is supported by…

Parental rights and state compulsory school attendance requirements are limited by constitutional constraints, as shown in three benchmark cases. The article also cites cases to show the impact of compulsory education laws on home schooling, which is increasing. The state retains the power to impose minimum curriculum requirements. Cites…