This case presented in this article involves a transgender middle school student-athlete (BPJ) and the West Virginia State Board of Education (WVSSAC). BPJ, who at the time was preparing to enter sixth grade at a new school, alleges that Defendants Burch, Stutler, the WVSSAC, and Attorney General Morrisey deprived her of equal protection under the…

Over the last decade, many local education agencies (LEAs) across California imposed significant restrictions on community-based orientation and mobility (O&M) instruction. Administrators from these LEAs prohibited O&M Specialists from transporting students off-campus for instruction, with one large Southern California district going so…

The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a…

There are currently 23 states in the United States that have laws considered as some form of school disturbance law. These do not include codes or laws specifying school discipline consequences such as suspension or expulsion. They vary widely in how broadly they can be applied and how broadly they define behaviors. Students are often not aware…

This document provides recommendations of the Council for Children with Behavioral Disorders (CCBD) regarding the use of seclusion in schools. It updates the CCBD's position on this topic first published in 2009 and includes (a) key definitions, (b) a summary of problems with the use of seclusion, (c) strategies to eliminate the use of seclusion,…

Despite the efforts of parents, educators, and activists to oppose standardized testing through the act of opting out, most states and federal law still require students to take annual standardized tests. While key arguments of the opt-out movement in a state legislative process are explored, this case study focuses on those legislators who…

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.…

This study explores the impact of Florida House Bill 233 on teaching and learning in Florida's State University System. This bill purports to promote intellectual freedom and viewpoint diversity by permitting students to record classes and by creating a cause of action for faculty violating these principles. Faculty were invited to share…

Since 2010, California passed three laws that address the safety and inclusion of transgender students. Seth's Law (SB 48), the Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (AB 9) and The School Success and Opportunity Act (AB 1266). The policies of 10 large urban districts in and around the San Francisco Bay Area were analyzed…

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…

The National Center for Special Education in Charter Schools (the Center) is deeply committed to ensuring that students with disabilities have equal access to charter schools and that charter schools are designed and operated to enable success for all students. To accomplish this goal, the Center conducts analyses and releases a comprehensive…

In 1974, Congress passed legislation known as the "Family Educational Rights and Privacy Act" or FERPA, in response to "the growing evidence of the abuse of student records across the nation." The law was written to protect the confidentiality of information held in a student's records. With the introduction of technology in…

As the charter sector grows and evolves, information regarding these autonomous public schools of choice evolves as well. Prior to 2015, only a handful of reports included information about the status of students with disabilities in charter schools. In fall 2015, the National Center for Special Education in Charter Schools (NCSECS) published a…

Claiming that free speech is dying on American campuses, a conservative think tank has led an effort to push states to adopt a model bill that, in the name of defending campus free speech, risks undermining it. This report seeks to understand the context and content of the "campus free-speech" movement, to track its influence within…

The Pledge of Allegiance is a culturally essential--and often legally mandated--daily exercise in many schools. With societal focus on patriotic exercises and many individuals' subsequent refusal to engage in these exercises, it is important for preservice and inservice teachers to examine their approaches to students who refuse to recite the…