There are currently 23 states in the United States that have laws considered as some form of school disturbance law. These do not include codes or laws specifying school discipline consequences such as suspension or expulsion. They vary widely in how broadly they can be applied and how broadly they define behaviors. Students are often not aware…

This dissertation traces the way hair is framed in judicial texts about dress code policy in the U.S. between 1969 and 2023. Using 46 court cases from district, appellate, state supreme, and federal supreme courts, the study first considers how dress code is brought to courts over these 54 years, and the kinds of legal claims made in these cases.…

The surveillance and securitization of schools has transformed over the last decade to include predictive analytics and algorithms. In Florida, for example, the Pasco Sheriff's Office used school record data sets to identify and monitor youth they believed were "destined for a life of crime." Yet the extent of big data policing as a…

The growth of state laws creating private school vouchers and charter schools has mounting and alarming ramifications for students' rights, and those ramifications are shaped by a complex and shifting set of legal rules. This article explains the interplay between the increase of these school-choice programs, the U.S. Supreme Court's recent…

The Pledge of Allegiance is a culturally essential--and often legally mandated--daily exercise in many schools. With societal focus on patriotic exercises and many individuals' subsequent refusal to engage in these exercises, it is important for preservice and inservice teachers to examine their approaches to students who refuse to recite the…

This authoritative book examines the long-standing campaign that resulted in today's school voucher policies. Advocates of private school vouchers promulgated a vision of service to low-income families, students of color, and other marginalized student populations. Vouchers were sold as a way to advance civil rights. But as voucher policies grew…

Free speech jurisprudence is caught between crediting the First Amendment rights of students when they resemble adults or restricting such rights when students seemingly act as children. In "Morse v. Frederick" (2007), the Supreme Court ruled against Joseph Frederick and his "Bong Hits 4 Jesus" banner because Frederick's speech…

This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

The purpose of this study was to determine the effects of "Morse v. Frederick" on student speech in K-12 public schools. Cases meeting the research criteria were selected from federal court districts. Those cases were briefed and analyzed. The results of the research were used to develop findings that were placed into four categories:…

The paper aims to analyse how pupils' equal educational opportunities are warranted. We focus on how regulations of adapted education and the right to special needs education provide school leaders' and teachers' room for discretionary decision-making, how it is interpreted and how discretionary power is justified. The paper draws on findings from…

Academic advisors occupy an ethically fraught position in institutions of higher education and frequently have to traverse complex curricular issues. Legal theorist Lon L. Fuller's work provides advisors with new resources to ply some of these troubled curricular issues. By focusing on understanding colleges and universities as law-generating…

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

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…

Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…