Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

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…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

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…

Two landmark court cases have upheld the constitutional right of handicapped children to a publicly supported educational program, and to various procedural safeguards to insure fair implementation of that right. Neither case deals directly with the right to an "adequate" education. Presents arguments lawyers could present in raising this adequacy…

Attempts to resolve the dual standard in state treatment of aliens: minimal review of measures limiting participation in important "governmental functions" to citizens, but stringent scrutiny of measures disadvantaging aliens in other contexts. Available from Harvard Law Review Association, Gannett House, Cambridge, Mass. 02138; sc…

Some unemployment insurance provisions discriminate against jobless women in matters such as pregnancy and family responsibilities. (Author/BP)

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

Argues that "Kahn" continues stereotypic thinking toward women whereas "Orr" may call sex-based dispensations into question. Calls for declaring sex a suspect classification. Available from the Syracuse Law Review, Syracuse University, Syracuse, NY 13210; sc $3.50. (IRT)

The equal protection clause permits gender classification and discrimination and cannot support a broadening concept of sexual equality. An equal rights amendment is needed to remedy the situation. Available from Rutgers School of Law-Camden, 5th and Penn Streets, Camden, NJ 08102. (Author/IRT)

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)

Until recently, the courts perceived almost no difference in their treatment of public and private schools. Under due process and equal protection clauses of the law, a student's economic investment in his education is protected. The obvious legal concept to invoke to protect economic expectation is contract, so most cases involving student rights…