Due Process is the right to fair and objective process in judicial matters. This is a right recognized in the 5th and 14th amendments of the United States Constitution, which provides that no one should be "be deprived of life, liberty, or property, without due process of law." In campus judicial proceedings, institutions should rely on…

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…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

This paper targets the principle of full inclusion as articulated by Article 24 of the Convention on the Rights of Persons with Disabilities and General Comment #4 through an analysis of the CRPD Committee's Concluding Observations for Poland, Germany, and Australia. We find inherent tensions and dialectical contradictions between the ideals of…

This case presented in this article involves a transgender middle school student-athlete (BPJ) and the West Virginia State Board of Education (WVSSAC). BPJ, who at the time was preparing to enter sixth grade at a new school, alleges that Defendants Burch, Stutler, the WVSSAC, and Attorney General Morrisey deprived her of equal protection under the…

College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…

College students have a widespread history of exercising their rights to free speech through protest as a means of expressing displeasure with the status quo. While some administrators consider it a disruption to academic learning on college campuses, extensive research has found that student activism as a form of involvement on campus lends…

This second edition is essential reading for educators and other school community members who are navigating the increasingly complicated laws and legal rulings related to LGBTQ students, employees, and community members. It combines historical, contemporary, theoretical, and practical information to help educators address exclusionary practices…

Alternative schooling has been staunchly advocated for by groups disillusioned by government-sponsored public schooling that want to take personal control of their children's education. There are concerns, however, about nontraditional schooling options that do not meet standards that apply to public schools. The "United Nations Convention on…

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…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

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…

Libraries still stand as a source of knowledge that can guide us to make informed decisions through the use of credible sources. A balanced collection that provides access to all points of view empowers a community to use information responsibly and make decisions independently. Intellectual freedom and equity of access are still important issues…

Children, just like every human, are entitled to rights which have been described by some as fundamental and inalienable to human existence. The right to education is one of such rights and is essential in the development of man and his society. Disability stands as a major hindrance in the actualization of the right to education of children in…

The purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…