This dissertation discussed the impact of the North Carolina Tort Claims Act and the history of governmental immunity that has protected school districts and school employees in North Carolina. The research question addressed was: how have North Carolina state courts interpreted the North Carolina Tort Claims Act in litigation against North…

There is a conflict between the claims of Maori sovereignty and the imposition of State legislation on Maori children. This conflict of interest has been given very little consideration in the public sphere. This research-informed article speculates that despite legislation ensuring that education attendance is fixed as a legal obligation for all…

On March 28, 2022, Florida's Governor Ron DeSantis signed HB 1557 "The Parental Rights in Education" bill into law, taking effect July 1, 2022. As written, the bill: (a) prohibits discussion of lesbian, gay, bisexual, transgender, intersex, queer/questioning, and all other terms and concepts related to sexuality and gender (LGBTQ+)…

The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

The 2022 Legislature required OSPI to promote survivor-centered and trauma-informed responses to sexual assault and to support survivors of sexual assault in Washington's K-12 public schools. OSPI partnered with a contractor to research best practices, review mandatory reporting laws, conduct listening sessions, update model protocols, and develop…

A substantial body of research suggests that a combination of social, organizational, and inner factors impact how educators implement and make sense of new policies. The way educators understand policies can influence how they act on them. This study sought to expand this research body into how educators made sense and implemented Michigan's…

This article uses the question "Can government and businesses mandate the COVID-19 vaccine?" as a starting point for an interdisciplinary lesson appropriate for a variety of business law classes. This lesson includes several important overlapping learning goals: (1) It expands students' ability to analyze how the complexity associated…

Approximately 19 percent of undergraduate students in the United States identify as having a disability, yet postsecondary institutions often lack the legal infrastructure necessary to support their academic success. National data show that only 49.6 percent of disabled students graduate from four-year institutions, compared to 68.1 percent of…

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…

In 2019, 36.5% of students, age 12-17, reported that they were cyberbullied at some point in their life. Cyberbullying is a growing problem within Ohio. Self-mutilation, attempted suicide, and death have been linked to victims of cyberbullying. Within Ohio, there are also legal implications for schools to consider. Using Bronfenbrenner's…

Policies governing the use of seclusion and restraint in schools may only have a modest effect on the use of these procedures, particularly the frequency these are used. This study explored educators' sense-making about seclusion and restraint after a statute and new policy were introduced. A case-study design was used to analyze the meanings…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

Anti-immigrant sentiment, policy, and practice are deeply rooted in the US tradition. Because of this, a series of laws have been passed to restrict immigration, which has resulted in millions of children and families being designated as "undocumented". These individuals reside in the US, yet do not receive the same protections as…

The catastrophic consequences associated with the mismanagement of concussions can threaten the health and well-being of student-athletes. The primary purpose of this article is to increase awareness of concussions and provide stakeholders--parents, coaches and athletic trainers--with an appropriate framework for concussion care at every level of…

Counselor education has moved firmly into the online space with multiple accredited programs available to students and potential faculty. These programs can cross state lines, either by location of training, placement of faculty, or both. As such, there are legal and ethical considerations that are outside of those that are typically considered.…