The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

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…

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…

The Individuals with Disabilities Education Act (IDEA) continues to account for an expansive and expensive segment of education litigation. The most longstanding remedy under the IDEA is tuition reimbursement, interpreted broadly to include not only private school tuition, but also related transportation and stand-alone related services. Probably…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

"Critical Race Theory" (CRT) is the term commonly applied in public debates to controversial racially charged curricula and initiatives in the public schools, as well as various parallel trainings and programs commonly being adopted in school and other settings. Initially, CRT was confined to the niche circles of legal academia from…

In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…

Illinois K-12 public school funding has long been characterized by large inter-district disparities in per-pupil expenditures. A primary reason for this characterization was the Illinois legislature's heavy reliance on local property tax within the various school funding formulas historically used to determine school revenues. The heavy reliance…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

Charter schools face high-stakes accountability. When charter schools fail to perform as expected, including as measured on state tests, authorizers are often expected to close them. While the details of charter school oversight are shaped by each state's charter school policy, federal law influences how states test children and evaluate all…

The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Educators in economically and racially segregated schools enact subgroup entitlement policies, such as Title III and IDEA (Individuals with Disabilities Education Act), as they negotiate the diverse and underserved needs throughout the student body. How do subgroup entitlement policies for English learners and students with disabilities shape…