LGBTQIA students are an important stakeholder group on college and university campuses, especially as both their visibility and expectations for support and empowerment on campus increase. But how ready is the field of higher education for litigation related to LGBTQIA issues, and how should student affairs practitioners prepare to address LGBTQIA…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

This overview highlights that the U.S. Department of Education's Title IX regulations recognize that sexual harassment, including sexual assault, is unlawful sex discrimination. The Department previously addressed sexual harassment only through guidance documents, which are not legally binding and do not have the force and effect of law. Now, the…

Courts have long held that public school teachers are "state actors" when they carry out the duties of their job. Despite this, very few teacher preparation programs include an education law class. In order to understand teachers' legal literacy, a survey was given to 300 public school teachers in Indiana. The survey assessed knowledge…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

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…

This report, an evaluation of the history and current uses of Title IX, is the result of a joint effort by a subcommittee that included members of the AAUP's Committee A on Academic Freedom and Tenure and the Committee on Women in the Academic Profession. The report identifies tensions between current interpretations of Title IX and the academic…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Examines the purposes of Title IX as it applies to sex-stereotyped textbooks, considers the need for regulation in this area, and discusses the applicable First Amendment doctrines. Concludes that sex discrimination in instructional materials may be regulated without violating the First Amendment guarantee of freedom of speech. (Author/JG)

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

This booklet was developed to assist education agencies and institutions in ensuring compliance with Title 9 of the Education Amendments of 1972. The elimination of sex discrimination in policies and practices relating to the admission and treatment of students and the operation of student programs is one of the requirements of Title 9. The…

This paper explored the question of the applicability of Title VI of the Civil Rights Act of 1964 and Title IX of the Educational Amendments Act of 1972 to public broadcasting. Basically, those provisions require recipients of federal grants to use those funds in a non-discriminatory manner such that the benefit of the programs funded by the…