ERIC Number: ED657849
Record Type: Non-Journal
Publication Date: 2024
Pages: 184
Abstractor: As Provided
ISBN: 979-8-3828-2628-8
ISSN: N/A
EISSN: N/A
Two Worlds Collide: Navigating the Competing Regulatory Schemes of Title IX and Special Education Law in K-12 Schools
Sarah E. Harebo
ProQuest LLC, Ph.D. Dissertation, The University of Wisconsin - Madison
Overall, there has been limited guidance from the federal government on how K-12 schools should implement their policies and practices to comply with Title IX and special education law. The lack of clear directives leaves K-12 schools with the task of identifying policies and processes that are the best practices in navigating the rights afforded under Title IX and special education law. The purpose of this study is to understand the legal landscape of federal court decisions that address sexual misconduct allegations in K-12 schools that implicate Title IX and special education law. Then, determining any guidance that can be gleaned from those federal court decisions that K-12 schools can utilize in developing policies and processes for handling matters involving allegations of sexual misconduct that implicate Title IX and special education law. This dissertation utilizes a qualitative research design, legal content analysis, and a conceptual framework that is adapted from the U.S. Sentencing Commission Federal Guidelines seven elements of a compliance program and the updated Department of Justice guidance that suggests the use of a Three-Question Analysis in compliance program review. This dissertation starts with an introduction, statement of the problem, and explanation of the conceptual framework. Next, a thorough review of the literature with a detailed overview of the research design and methodology is provided. Finally, the findings from the study are presented followed by analysis and concludes with recommendations. This study is a first look at the use of federal court decisions to improve compliance programming with Title IX and when Title IX intersects with special education law. Moreover, this study showed the value in applying compliance theory to policy and process development in the K-12 realm. Most importantly, the recommendations provide actual tools and strategies that schools can adapt for immediate use to begin the process of reviewing and implementing better compliance solutions in this area. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml.]
Descriptors: Educational Legislation, Gender Discrimination, Sex Fairness, Federal Legislation, Special Education, Elementary Secondary Education, Federal Courts, Sexual Harassment, Policy Formation, Educational Policy
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://bibliotheek.ehb.be:2222/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Title IX Education Amendments 1972
Grant or Contract Numbers: N/A