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…

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…

This essay describes Open Admissions in the South during postsecondary desegregation, providing a comparative analysis of policies and debates in Tennessee, Louisiana, and Georgia. Statewide Open Admissions policies emerged in the 1960s as part of superficial efforts to comply with desegregation but were ineffective; consequently, they were…

More progress is needed to achieve equity in racial and gender representation in the push to diversify the physical sciences. In order to continue moving towards representation and equity, there is a need for more analytic tools that can help us understand where we are and how we got here. This may also enable meaningful systemic change. In this…

In US public schools, linguistic diversity is growing rapidly with an increasing number of students who are learning English. Federal and state policies lay the foundation for language acquisition through (re)classification processes for English Learners (ELs). However, the classification process runs the risk of establishing separate services for…

As the American Psychological Association and Division 15 committed to addressing systemic racism after the 2020 summer of racial reckoning, orchestrated political attacks that vilify pedagogical approaches aimed at addressing racial injustice have thwarted schools' efforts across the nation. Against this context, the overarching aim of this…

More than 50 years after the passage of the Civil Rights Act of 1964, recent studies, complaints filed with the U.S. Department of Education, and lawsuits filed against Harvard University and the University of North Carolina at Chapel Hill reveal that many academic institutions are engaging in blatant racial discrimination by gaming the system,…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

In this collaborative sense-making of mentorship and interconnected guidance for education research, two Black women academics in special education offer lessons learned from their sustained dialogues with each other, other Black women, and with Black and endarkened feminists' texts. The authors reflect on how traditional approaches to academic…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

The long-standing effort to desegregate schools in the United States has been fostered, in part, by the development of magnet schools, which were launched in the 1960s to offer appealing choices of educational programs that could attract an integrated population of families. Magnet schools are public elementary or secondary schools that seek to…

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education's Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency's…

"Gulino v. New York State Department of Education" is a class action lawsuit that involves a teacher certification examination in New York. The case spanned over two decades and three iterations of the exam. The case is unique as the plaintiffs were already teaching in classrooms when they were required to sit for a new certification…

The racial diversification of America's higher education system has been at the forefront of legal argument for the last seventy-five years. Ground-breaking decisions birthed the inclusion of affirmative action policies in higher education after the enactment of the Civil Rights Act of 1964. In recent years, both the utility and constitutionality…

In this article we extend Bell's work on interest convergence by using Harris' work on whiteness as property to articulate a cycle of interest convergence, interest divergence, and imperialistic reclamation, or convergence-divergence-reclamation (C-D-R, pronounced "cedar"). We then apply the C-D-R cycle lens to the evolution of federal…