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…

This study reports achievement and growth from kindergarten to fourth grade for three groups of English Learners (ELs): (a) ever-ELs; (b) ELs consistently eligible for service; and (c) EL and Special Education dually-identified students. All three EL groups had lower test scores than never-ELs throughout K-4. In math, ELs grew more than never-ELs…

The authors evaluate the success of Arizona's program for English Learners (ELs) twelve years after the implementation of Proposition 203 to determine whether it meets the "third prong" test of Castañeda v. Pickard (1981), which requires a demonstration of the effectiveness of a program after its implementation. This study is a follow-up…

In this article, the authors discuss polyvocality, which is the equitable presence of multiple voices engaging in a humanizing dialogue, to facilitate literacy growth, nurture relationships, and build students' confidence in K-12 classrooms. Making classroom talk an integral component of small- and whole-group discussions allows students to hone…

Arizona has played a large part in the development and implementation of policy that directly inhibits equity of opportunity for the English learner (EL) population, the largest and most damaging of which came out of legislation passed due to the "Flores v. Arizona" case which concluded in 2015. This research article seeks to critically…

This article begins by describing a scenario in which a fourth-grade learning disabled student's individualized education program (IEP) team came together to develop his IEP and in so doing made a number of procedural and substantive errors. The purpose of this article is to examine the procedural and substantive requirements of the Individuals…

The 2014-2015 academic year marked the first year that American, preK-12 public school enrollment became majority nonwhite, with Hispanic/Latino as the largest minority. Population shifts have continued to occur, with Latinos now representing 28% of public school students. American public schools are in trouble, with national achievement reaching…

Two decades ago, the New Jersey Supreme Court in "Abbott v. Burke" mandated that the state establish high quality preschool education in the 31 highest-poverty school districts. New Jersey created a pre-K program with high standards and a continuous improvement system that transformed a patchwork of private and public programs into a…

The purpose of this study was to address the extent to which adequacy litigation functions as a means for improving student achievement, particularly among low-income and minority students. The study extended theory established in prior studies, and took into account the idea that change takes several years to realize and that sufficient time to…

Little research currently examines language instruction educational programs (LIEPs) in states with a more recent growth of the Latino English learner population. To meet this need, the authors examined the content each of the state LIEPs, focusing chiefly on the extent to which the types of language support, as well as the stipulations associated…

The U.S. Supreme Court issued three rulings in special education cases during the past 2 years. Considering that in the previous 25 years, the high court had issued only 14 rulings, these three decisions represent a significant increase in the special education cases heard by the Court. These important rulings all addressed parental rights in due…

The Secretary amends our regulations implementing the Family Educational Rights and Privacy Act (FERPA), which is section 444 of the General Education Provisions Act. These amendments are needed to implement a provision of the USA Patriot Act and the Campus Sex Crimes Prevention Act, which added new exceptions permitting the disclosure of …

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

Ten readers theatre scripts based on some of the most famous, sensational trials in U.S. history provide a fascinating glimpse into our past and our justice system. These compelling dramas are based on actual trial proceedings, and have been adapted to the interest and reading level of students in upper elementary and middle school. Details of the…