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Raquel Muñiz – Educational Researcher, 2024
In "Dobbs v. Jackson Women's Health Organization" (2022), the U.S. Supreme Court overturned decades of precedent regarding the federal right to an abortion for people who can carry pregnancies. This case has substantial significance for the education field, directly affecting school- and college-age marginalized students who can carry…
Descriptors: Pregnancy, Pregnant Students, Civil Rights, Federal Courts
Couvillon, Michael A.; Yell, Mitchell L.; Katsiyannis, Antonis – Preventing School Failure, 2018
Even though special education law is covered in most teacher and administrative certification programs, it is an area that is continually evolving. The results of the 2017 U.S. Supreme Court case "Endrew F. v. Douglas County School District" will have a lasting impact on the future of special education guidelines; the outcomes of this…
Descriptors: Special Education, Court Litigation, Educational Legislation, Federal Legislation
Yell, Mitchell L. – Behavioral Disorders, 2019
In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…
Descriptors: School Districts, Individualized Education Programs, Emotional Disturbances, Behavior Disorders
Hammel, Alice M. – General Music Today, 2018
Two Supreme Court cases have served to frame our legal rights and responsibilities regarding a Free Appropriate Public Education for students in our music classrooms and ensembles. This article serves as record of the two cases and their merits, according to the Supreme Court, as well as the actions recommended based on the court decisions.
Descriptors: Court Litigation, Legal Responsibility, Student Rights, Access to Education
Zirkel, Perry A. – Communique, 2019
A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…
Descriptors: Misconceptions, Disabilities, Educational Legislation, Equal Education
Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
Schmidt, Peter – Chronicle of Higher Education, 2012
The author reports on the ruling of a divided appellate court that held that the state law unconstitutionally made it harder for minorities to seek preferences than for other groups. The court struck down a voter-passed ban on the use of race-conscious admissions by Michigan's public colleges, holding that the measure had unconstitutionally put…
Descriptors: Court Litigation, Federal Courts, Constitutional Law, State Legislation
Sutton, Lenford C.; Cornelius, Luke; McDonald-Gordon, Robyn – Educational Considerations, 2012
When the 93rd Congress enacted the Equal Education Opportunity Act of 1974 (EEOA), it required states to take appropriate action to overcome language barriers that inhibited equal education participation by their resident students. An examination of the EEOA legislative testimony suggests elected officials established the law to set forth…
Descriptors: Equal Education, English (Second Language), Second Language Learning, Program Implementation
Radoff, Sara – Educational Studies: Journal of the American Educational Studies Association, 2011
In this article, I show that the intersection between education policy and immigration law in the United States sustains a permanent underclass and reinforces the deliberate disenfranchisement of students without authorized immigration status. I critically analyze the Supreme Court case "Plyler s. Doe", and I suggest the DREAM Act as a means for…
Descriptors: Equal Education, Citizenship, Court Litigation, Immigration
Lhamon, Catherine E.; Rosenfelt, Philip H.; Samuels, Jocelyn – US Department of Justice, 2014
Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…
Descriptors: Enrollment, School Districts, Children, Access to Education
Mora, Jill Kerper – Online Submission, 2010
This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…
Descriptors: Immersion Programs, English (Second Language), Court Litigation, Federal Courts
Rebell, Michael A. – University of Chicago Press, 2009
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…
Descriptors: Equal Education, School Desegregation, State Courts, Federal Courts
Mattox, Kari Ann – ProQuest LLC, 2009
Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…
Descriptors: Higher Education, Federal Courts, Comparative Analysis, Policy Analysis
O'Donnell, Tom – Amicus, 1977
Available from: National Center for Law and the Handicapped, Inc., 1235 North Eddy Street, South Bend, Indiana 46617. Reviewed are the constitutional basis, federal case law (PARC v. State of Pennsylvania and Mills v. Board of Education of the District of Columbia), state law, and federal legislation which support the right of handicapped children…
Descriptors: Court Litigation, Equal Education, Federal Courts, Federal Legislation
Cardenas, Jose A. – 1976
In 1973, the U.S. Supreme Court remanded Keyes v Denver to the district court for further proceedings. In past hearings, the court had concluded that minority populations in Denver were receiving an inferior instructional program in violation of constitutional and legal rights. After remand from the Supreme Court, the court requested assistance in…
Descriptors: Court Litigation, Educational Discrimination, Educational Specifications, Equal Education