Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school…

An employment contract between the student and the host organization may be the unintended consequence of a work-integrated learning (WIL) placement. The student, as an 'inadvertent employee' of the host organization, can expose the university to risk. A case study involving thirteen Australian university lawyers identifies the legal and…

This article demonstrates how the case at hand, Teal Bay Alliances, LLC v. Southbound One, Inc., can be used as the core of a business case to teach students not only the basics of trademark law, but also as a real-world cautionary tale whose moral boils down to this: lawyers and businesspeople approach legal disputes from very different…

This article explores the experiences of eight Educational Psychologists (EPs) in the UK who acted as expert witnesses at Special Educational Needs and Disability Tribunals (SENDIST) hearings in the last 12 months on behalf of their employing Local Authority (LA). A thematic analysis of semi-structured interviews with all eight EPs indicated two…

A qualitative study of twelve student conduct administrators sought to capture their lived experiences relative to the impacts of federal and state regulation, case law, the media, attorney encroachment, parental involvement, and the use of litigation to supersede traditional processes on their professional work and personal lives. The interviews…

This article outlines parents' struggle to secure adequate educational resources for their child(ren) with special educational needs within the Irish State system. The authors challenge the view that legislation facilitates practical advances that are meaningful to individual families. This small-scale exploratory study reports the findings from…

Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004(IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study examined 258 due process hearings held over the past 8 years in…

A major expense associated with litigating disputes under the Individuals with Disabilities Education Act (IDEA) is the right of parents who succeed in suits against their school boards to recover attorney fees. Yet until recently, boards were generally unable to recover attorney fees from parents even when they succeeded in demonstrating that…

This brief is designed for juvenile justice agencies and professionals (including law enforcement officers, juvenile probation officers, attorneys, juvenile court personnel, and detention facility staff), as well as State Coordinators for Homeless Education and local homeless education liaisons. It provides basic information to help educators…

This White Paper project was undertaken to address the Learning Disabilities Association of America (LDA) concerns regarding the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 statutory and regulatory requirements for the identification of Specific Learning Disabilities (SLD), and the subsequent U. S. Department of…

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

Too often, parents of children with disabilities come with negative expectations about the intentions of the teachers and administrators who are proposing an education plan for their son or daughter. In preparation, they arm themselves with advocates, lawyers, and a myriad of outside evaluations in preparation for the "battle" ahead. In…

Five years ago, the "Journal of Special Education Leadership" (JSEL) dedicated a special issue to "Critical Issues in Urban Special Education" and offered insights into the challenges of special education leadership in urban school districts. These perspectives focused on access to the curriculum, school-wide behavior supports,…

With the due date for the reauthorization of No Child Left Behind (NCLB) right around the corner, "Education Next" thought it apt to probe the lessons learned in the five years since the act's passage. This article presents an e-mail interview with Sandy Kress, a lawyer and former school board member who, as a domestic policy advisor in…

In April 2005, Connecticut attorney general Richard Blumenthal filed the first lawsuit against the U.S. Department of Education over the No Child Left Behind Act (NCLB). In this essay, Attorney General Blumenthal presents Connecticut's reasons for legally challenging NCLB. He argues that prior to ratification of the act, Connecticut had been…