The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

In "Garcetti v. Ceballos" (2006), the Supreme Court of the United States held that public employees are not protected by the First Amendment when they speak pursuant to their official duties. The dissenting justices raised the question of how this precedent might be inappropriately applied to faculty at public colleges and universities.…

The U.S. Supreme Court has heard several cases regarding special education. These cases have resulted in decisions that have addressed issues involving special education programming and procedural issues. On March 21, 2023, the U.S. Supreme Court issued a unanimous ruling in "Perez v. Sturgis Public Schools." This decision, which was the…

In its 2023 decision in "Students for Fair Admissions v. Harvard," the Supreme Court effectively ended its approval of affirmative action in higher education admissions, holding that practices at Harvard and the University of North Carolina (UNC) were unlawful. The Court concluded that UNC's practices violated the guarantee of equal…

Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…

This report catalogues the growth of the modern mixed-race population in the United States and highlights the many complications this population presents for the future of civil rights law and policy. What is most distinctive of today's mixed-race individuals is their assertion of a mixed-race identity which they claim embodies a different…

This article documents the San Diego National Origin Desegregation Assistance Center (NODAC), one of the nine national centers established by the U.S. Office of Education to provide technical assistance to school districts cited under Section 601 of Title VI, from the Office for Civil Rights, to meet the Lau compliance requirement based on the Lau…

Title I accountability requirements under the Every Student Succeeds Act (ESSA) represent the present-day instantiation of Lau, which requires schools to provide a program for English learners (ELs) that supports their meaningful engagement and to provide transparent information about EL program quality. This study uses critical policy analysis to…

In November of 2019, the National Association of the Deaf and Harvard University entered into a landmark settlement ending four years of legal battles regarding captioning in online content. In that settlement, Harvard agreed to caption new video files consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 AA and to provide text-only…

The process of providing students with disabilities access to an education that is of appropriate quality is still a relatively new endeavor. Students with disabilities benefit from the support of family, educators, and many other professionals addressing the inequality that is faced in school. Ultimately, progress has been achieved from…

This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…

Qualified teachers with disabilities are protected by the Americans with Disabilities Act (ADA). To maintain legal compliance, principals must have an understanding of employment law, but often lack the training to prevent legal liability. This study reviewed litigation on discrimination claims under the ADA and Section 504 of the Rehabilitation…

In 1974, the Education for all Handicapped Protection Act was signed into law by President Gerald Ford. This law which was renamed the Individuals with Disabilities Education Act (IDEA) in 1990, established a federal entitlement to special education for eligible students with disabilities. In 1982 and again in 2017, the U.S. Supreme Court…

Over the past decade, the students of North Carolina Agricultural & Technical State University in Greensboro, North Carolina, the largest historically Black public university in the country, were forced into the spotlight of a national fight over voting rights that has been profoundly reshaping our democracy. During the 2018 midterm elections,…

Using newly available data on all civil rights complaints submitted to the U.S. Department of Education's Office for Civil Rights related to racial discrimination in discipline between 1999 and 2018, I provide the first systematic evidence on how modern federal civil rights enforcement is used to address racial discrimination in discipline. I find…