In 2025, the Individuals with Disabilities Education Act (IDEA) will have been the primary law driving the field of special education for 50 years. A contentious area of disagreement has been the relationship between two primary mandates of the law: the obligation of schools to provide a free, appropriate public education (FAPE) to eligible…

The confusing variations of terminology that connect "home" with instruction warrant special care in relation to students with disabilities. The underlying core of these varying terms amounts to three distinct placement options in relation to the Individuals with Disabilities Education Act (IDEA), here identified as homebound…

Empirical data show that the COVID-19 pandemic deepened and exacerbated social inequalities, to the detriment of low-income communities of color. Using the law as a conceptual framework and legal research methodology, this study examines education law against the exacerbated social inequalities low-income students of color faced during the…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

Policymakers and practitioners are increasingly guiding K-12 students into dual enrollment programs. Dual enrollment programs have aided in improving the academic, occupational, and social trajectories of minoritized students although the gains of minoritized students in dual enrollment programs often trail the gains of White students in dual…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

States like Georgia have brought policy change allowing schools to arm teachers. However, ramifications of unforeseen costs and possible legal issues this could bring are still unclear. Since no school that out has openly armed their faculty and/or staff has been in an active shooter situation it is unclear whether this policy is effective.…

Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

The recent federal guidance and litigation on transgender students have increased public awareness of the legal rights of transgender students. Title IX regulations have long permitted school districts to segregate male and female students in separate but comparable toilet, shower, and locker room facilities, but the legal issue presented by…

This article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

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…

For most Americans, concerns related to students who identify as transgender are a new reality. The Obama Administration's response to this new reality was an unlawful attempt to force a one-size-fits-all policy on the entire nation rather than allow parents, teachers, and local schools the time, space, and flexibility to find solutions that would…

A recent Heritage Foundation report argues that Title IX does not require schools to protect students from discrimination on the basis of gender identity. It criticizes the Obama Administration for issuing guidance and enforcing Title IX to protect transgender students, and it urges the Trump Administration and courts to keep gender identity…

The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since these concepts were established by the American Association of University Professors (AAUP) in their 1915 Declaration of Principles on Academic Freedom and Tenure. Within this dissertation the history of these two issues…