Recent years have seen the spread of a litigation culture in the UK education sector, with members of the public increasingly seeking recourse to the law to appeal, complain, or achieve compensation. The increasing tendency of people to resort to litigation suggests that recourse to the law is seen as a more immediate form of taking education…

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…

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…

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…

The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

Social scientists' involvement with the legal system is critical for tackling inequities in education and informing legal developments in ways that are grounded in empirical realities that document the myriad ways race shapes educational opportunity and outcomes. This study examined the experiences of social scientists who have participated in…

"Power, Constraint, and Policy Change" analyzes state court influence on state education finance reform. Beginning in the early 1970s litigants began filing suits in state courts to change state education funding in order to prevent disparities in education resources between wealthy and poor communities. These cases represent a…

Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…

Using newly available data on all civil rights complaints submitted to the U.S. Department of Education's Office for Civil Rights related to racial discrimination in discipline between 1999 and 2018, I provide the first systematic evidence on how modern federal civil rights enforcement is used to address racial discrimination in discipline. I find…

The elementary school years are a particularly crucial time for children to engage in quality physical education (PE). Increasing the proportion of elementary schools that require daily PE is a Healthy People 2020 objective. Concerns over deficiencies in the quantity and quality of PE in California, especially in elementary schools, have been…

This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in…

For some, religious education is a possibility to exercise religious freedom in its positive dimension, especially the freedom to receive a religious teaching. Others perceive religious education as a threat to negative religious freedom, namely the freedom not to be indoctrinated with religious matters. For a long time, the tension between these…

Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…