The surveillance and securitization of schools has transformed over the last decade to include predictive analytics and algorithms. In Florida, for example, the Pasco Sheriff's Office used school record data sets to identify and monitor youth they believed were "destined for a life of crime." Yet the extent of big data policing as a…

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…

Well-documented racial disparities in rates of exclusionary discipline may arise from differences in hard-to-observe student behavior or bias, in which treatment for the same behavior varies by student race or ethnicity. We provide evidence for the presence of bias using statewide administrative data that contain rich details on individual…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

The equal protection and due process clauses of the Fourteenth Amendment both offer protection to the student who is denied an education for a lengthy period. If a student shows that he no longer threatens substantial disruption of the educational process, he must be readmitted. (Author)

Although not reknown for democratic organization, schools must provide experiences that teach what Alexis de Tocqueville called the "habits of the heart," or the sensibilities of democratic responsibility. Citizenship education must engage students in activities demanding both high self-regard and recognition of each person's…

In an Alabama court decision ("Mason v. Teague") the standards for choosing hearing officers are interpreted in a manner that restricts the availability of due process hearing officers in special education disputes involving handicapped students and the administration of the All Handicapped Children Act of 1975. (MD)

Section 15 of the 1982 Canadian Charter of Rights and Freedoms guaranteed equality to Canadians by April 17, 1985. This study was designed to investigate preparation during the three-year deferral period by federal and provincial/territorial governments to harmonize legislation in the area of education with the Charter's guarantees. (MT)

Examines the concept of equal educational opportunity found in the district court's decisions in "Keyes," the court of appeals' response, and the legal framework in which those decisions were made. Asserts that a constitutional doctrine of equal educational opportunity can be formulated to address educational disparities. (Author/IRT)

The Supreme Court issued an unclear decision in "Wygant v. Jackson Board of Education." The case generated five opinions that do not agree on a single set of legal principles to give needed guidance to public officials. Includes discussion of two other cases relating to affirmative action and hiring practices. (MD)

Truth in testing laws are subject to challenge on the grounds that they invade federally protected rights and interests of the test-makers through the due process clauses of the Constitution and federal copyright protections. (Author/MLF)

Summarizes the status of bilingual/bicultural education litigation following the Lau decision in 1974. (Author)

To provide a comparative perspective on the legalization of education, the author analyzes the role of the West German Federal Constitutional Court in shaping educational policy. He identifies two constitutional norms the court uses to interpret the relationship between education and the state: equal protection and the legitimacy of educational…

Discusses recent court cases involving the issues of school finance and equal educational opportunity, emphasizing the emerging judicial requirement of "minimal educational adequacy" for all students. (JG)

Admonishes would-be flag-wavers to commemorate the U.S. bicentennial year more quietly by honoring the struggle and sacrifice that has triumphed over a flawed Constitution guaranteeing liberty, justice, and equality to all, but originally allowing slavery. Champions the emergence of new constitutional principles and views the Constitution as a…