When the government chooses to cooperate with private organizations to provide public services, the Supreme Court has made clear that the First Amendment prohibits religious discrimination. Three cases--"Trinity Lutheran Church of Columbia, Inc. v. Comer" (2017), "Espinoza v. Montana Department of Revenue" (2020), and…

Over the last 3 years, the advocacy organization Speech First has filed six lawsuits challenging the constitutionality of bias response teams on the grounds that they violate free speech. Bias response teams are university-wide committees that respond to reports of racially charged incidents on college campuses to promote institutional goals of…

Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

In her 2024 State of the State address, New York Governor Kathy Hochul introduced the Top 10% Promise, a policy offering New York students ranked in the top 10% of their high school class direct admission to the State University of New York (SUNY) system. "Access to higher education," she said, "has the potential to transform the…

Until recently, legal challenges to using value-added models (VAMs) throughout the United States (US) for high-stakes teacher evaluative decisions (e.g., merit pay, tenure, and termination) were unsuccessful, especially in the state of Florida. Hence, prior and still, multiple teachers throughout Florida have been terminated or involuntarily…

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…

"Castañeda v. Pickard" (648 F.2d 989, [5th Cir. 1981]) was a significant legal case in the history of educational policy for non-native English-speaking students in the United States. The case established a three prong 'test' for programs for those students, including the right for students to have an educational program based on sound…

In response to disparities in postsecondary access, governments have enacted policies to facilitate the admission of traditionally underrepresented students. Known as affirmative action in the United States, the legal justification of this approach has varied. This article describes the legal and political history of affirmative action, the social…

School finance reforms are not well defined and are likely more prevalent than the current literature has documented. Using a Bayesian changepoint estimator, we quantitatively identify the years when state education revenues abruptly increased for each state between 1960 and 2008 and then document the state-specific events that gave rise to these…

The purpose of this paper is to analyze and discuss current policies and position statements related to religious music and teaching about religion and propose a four-part framework for stakeholders to incorporate or amend policy on religious music in the public schools. The framework is based off of an analysis of sixteen public school district…

Some of the nation's most prominent colleges and universities have abandoned their affirmativeaction-based admission policies and adopted race-neutral affirmative action as a result of twolawsuits against the University of Michigan, which threaten the availability of undergraduate andgraduate program access to applicants of color. In this article,…

As teacher quality is judged and tenured teachers are rated ineffective, educators are challenging teacher evaluation systems in the courts as they adversely affect their employment. Teachers have lost jobs, pay, tenure, and career advancement. This article reports on these cases, providing an interpretation in light of court cases about teacher…

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…

"Resisting Divide-and-Conquer Strategies in Education: Pathways and Possibilities" examines the ways in which divide-and-conquer strategies operate in the American public education system. In U.S. education, these mechanisms are endemic and enduring, if not always evident. Coordinated, strategic, well-funded, politically-viable campaigns…

In 2012, Trayvon Martin was killed by George Zimmerman, who, after a month-long highly-publicized trial, was acquitted of second-degree murder. In this study, I examine the testimony of Martin's childhood friend and key witness for the prosecution, Rachel Jeantel. Although Rachel Jeantel was an ear witness to the altercation between Zimmerman and…