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…

Odyssey of the Mind is an international creative problem-solving program that allows participants to engage in spontaneous thinking and long-term analytical activities. This program has been in existence for 40 years and involved thousands of participants from around the globe. In September 2018, coaches and judges from a region in a Southern…

Background/Context: Pickering v. Board of Education, decided by the U.S. Supreme Court in 1968, is considered the high-water mark in the constitutional protection of public employee free speech. Two significant decisions issued by that Court since Pickering have limited public employees' expressive rights: Connick v. Myers and Garcetti v.…

A mom walks up to the District Attorney's desk in the Justice of the Peace Court with a total of six tickets as a result of her low-income children's truancy, three in her name and one for each of her three children. She faces the possibility of having to pay anywhere from $510 to $2010 in court costs and fines. Luckily for this mother, her…

Reading U.S. Supreme Court opinions can be intimidating. Yet, in the digital age, it has never been easier to access them. The average opinion is about 4,750 words, and is one of approximately 75 issued by the Court each year. It might be reassuring to know that opinions contain similar parts and tend to follow a similar format. There are also…

In this article, we discuss conflict between law and science relative to the presumption in special education law that multidisciplinary teams and others identify the causes of problems giving rise to special education needs. First, we explain eligibility criteria, highlighting ambiguities therein and why criteria constitute a mandate for causal…

Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican…

Background/Context: Though the impact of the legal system in shaping public education over the last sixty years is unquestioned, scholars have largely overlooked the impact of the legal system on the early development and trajectory of public schools in America. Scholars have given particularly little attention to the period in the late nineteenth…

Web-based standard setting holds promise for reducing the travel and logistical inconveniences of traditional, face-to-face standard setting meetings. However, because there are few published reports of setting standards via remote meeting technology, little is known about the practical potential of the approach, including technical feasibility of…

Social scientists collect vital information that bears on issues of education policy. When the courts are faced with an opportunity to make a decision that shapes education, judges need access to high-quality research, but they must also be convinced that it can be useful in their decision making. This article approaches the question of how social…

Standard setting (the process of establishing minimum passing scores on high-stakes exams) is a highly evaluative and policy-driven process. It is a common belief that standard setting panels should be diverse and representative. There is concern, however, that panelists with varying characteristics may differentially influence the results of the…

Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

The Federal District Court decision in "Kitzmiller v. Dover" halted a school board's attempts to introduce an "intelligent design" account of human origins into science classrooms as an alternative to evolution. The judge's opinion judged the Board members' actions by implicit standards of deliberative democratic discourse, which this article…

Employing the Advocacy Coalition Framework to ground the analysis, this article begins with an historical overview of the US Protestant Right and its involvement with the politics of public schooling. It then moves to a discussion of a few current legal and policy issues (intelligent design, evolution, the Kansas state board of education, school…

Just over a month after the Supreme Court of the United States' ruling in the Seattle and Louisville cases, news analysts and school district officials from Boston to Berkeley, California, from Knoxville, Tennessee, to Evanston, Illinois, are still trying to assess its impact on their student reassignment programs. But the community of scholars…