A girls' field hockey team coach instructed players to warm up in an area adjacent to the school's turf field, where the boys' soccer team was practicing. Plaintiff Morgan Dennehy, a member of the field hockey team, was struck at the base of her skull by an errant soccer ball. The plaintiff filed this suit against the coach, the school and others…

The year 2025 marks the 25th anniversary of implementation of New Jersey's court-ordered, full-day, high-quality preschool program in the state's 31 high-poverty, urban, "Abbott" districts. As the state continues to expand the program beyond these districts, it is imperative to examine whether Abbott Preschool is effectively meeting the…

Many recent critical reforms in state school finance systems have been catalyzed by the courthouse, not the statehouse. Advocates for equity-focused school finance reforms often consider legal action as the best path to significant policy changes. This brief discusses state-level lawsuits on adequacy and equity grounds and their outcomes.

Introduction: This study examined potential legal precedent set by holdings in administrative due process hearings where instruction in the expanded core curriculum (ECC) for school-age children was decided. Methods: This study used an analogical reasoning approach. This legal research method includes examining the rule of law, presenting cases…

No Child Left Behind and the Every Student Succeeds Act have made accountability central to conversations about education policy. But neither statute articulates a clear vision of what constitutes "quality" or "equity" in education, nor do they include a mechanism to ensure that schools have sufficient resources to pursue that…

School finance court cases have proceeded one or more times in all but two states. Plaintiffs ask the courts to rule that the existing funding formula is unconstitutional under state constitutions, and the defendants call for continuation of the existing finance formula. By compiling and analyzing the universe of such cases, we can accurately…

After five decades advocating for school finance reform, Education Law Center (ELC) sees the urgent need to deepen understanding of how differing strategies--from litigation to research to grassroots organizing to communicating with the public--can combine to achieve successful school funding reform in the states. In "From Courthouse to…

According to a report by the UCLA Civil Rights Project (2017), New Jersey is the sixth most segregated state for Black students and the seventh most for Latino students. Black and Latino students in New Jersey also attend schools with large percentages of low-income students. Volumes of research on school segregation show that students attending…

Almost 7 million children aged 3 to 21 received special education services under Part B of the Individuals with Disabilities Education Act (IDEA) in school year 2016-17. The Government Accountability Office (GAO) was asked to review parents' use of the Individuals with IDEA dispute resolution options. This report examines (1) how often IDEA…

Although varying among and within the states, the percentage of students with 504 plans is steadily and significantly increasing as a national average. Although the professional literature addresses the legal standards for eligibility for 504 plans, it has not provided up-to-date information to practitioners as to the legal standard for the…

The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single…

Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

Geographically based racial and economic segregation in the United States has resulted in unequal funding for schools and therefore unequal educational opportunities for students. In this report, we discuss the 50-year history of magnet schools as a voluntary desegregation mechanism. During these years, the funding policies and legal landscapes…

There are two overarching goals to this case study. First, the authors want to introduce students as early as possible in their study of business to the perils of deliberate misstatements of income in financial statement and the significant consequences that await those who do. Given the recent business scandals involving mortgage-backed…

Lower courts are beginning to grapple with challenges to students' Fourth Amendment right to be free from unreasonable search and seizure as it relates to the digital environment, cell phones in particular. Recently, lower courts in several states have applied standards set forth decades ago to decide cases involving searches of students' mobile…