Book banning and censorship is appearing again in states and school districts. The history of book banning goes back as far as recorded time. Columnist Jonathan E. Collins discusses the U.S. court system's history support of the First Amendment and against censorship. He outlines the implications of the most recent book banning incidents and the…

During (and after) the lockdowns of the COVID-19 pandemic, educational communities have employed distance education to reach their students. However, not all districts are aware of the legal requirements of using instructional materials in a virtual setting. In recognition of the growth of virtual learning environments, Congress passed the…

Teaching physical education involves more than overseeing what happens on the field, court or in the swimming pool. Physical educators also need to control the locker room, where students hazing other students may be common practice at certain schools. This case is a good example of what happens when teachers and coaches fail to supervise athletes…

Restraint and seclusion are frequently misused in schools, leading to harmful outcomes for students. There is currently no federal law regulating these practices, which has led to inconsistencies in state and district policies. This policy paper aims to provide a brief background on current definitions, case law, and policies and provide teachers…

The central obligation under the Individuals With Disabilities Education Act is to provide each eligible student with a free appropriate public education (FAPE). In "Endrew F. v. Douglas County School District RE-1" (2017), the U.S. Supreme Court revised the prior substantive standard for determining FAPE that the court had developed in…

The term "child find" refers to a district's ongoing obligation to evaluate upon reason to suspect a child may meet IDEA eligibility standards. This obligation consists of two components: a reasonable suspicion of eligibility and initiating the evaluation within a reasonable period of time. Because child find is a procedural matter, it…

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…

Title IX Coordinators are responsible for implementing standardized procedures related to each component of Title IX procedures on college and university campuses. The problem this study addressed was the gap in practice regarding the ways colleges and universities implement standardized procedures to ensure equitable due process for involved…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

As the follow-up to an earlier examination of the frequency and outcomes trends of published court decisions under the IDEA for P-12 students, this updated analysis covers the 25-year period ending on December 31, 2022. The frequency trend for the most recent 10 years reversed the upward trajectory of the previous 15 years. The outcomes trend for…

The "IDRA Newsletter" serves as a vehicle for communication with educators, school board members, decision-makers, parents, and the general public concerning the educational needs of all children across the United States. This issue is the "50th Anniversary Edition." Contents include: (1) IDRA Milestones Across Five Decades to…

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 this qualitative study, 21 Title IX federal court cases between 2000-2022 were examined. The purpose of this analysis was to explore how the changes in Title IX guidance across President George W. Bush (R), President Barack Obama (D), and President Donald Trump (R) administrations have impacted higher education institutional liability lawsuits.…

This paper explicates how statutes and case law (court cases) can be used as sources for discourse analysis when researching South African education reform through a complexity theory lens. Firstly, the law-making process is built on discourses at different levels. Secondly, discourses are manifested in case law because in order to resolve…

In 1954, the Supreme Court delivered the landmark decision of "Brown v. Board of Education"--establishing the right to attend a desegregated school as a national constitutional right--but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a…