In 2019, about 22% of U.S. students ages 12-18 reported being bullied, with a higher percentage of female students than male students reporting victimization. Recent empirical reports indicate that students with disabilities are more likely to experience bullying and be punished for bullying. Bullying has been linked to increased risk for…

Electronic communication plays a significant role in most schools and in all of our personal lives as well. The legal question of what is acceptable and what is not acceptable electronic speech for students that is constructed and delivered totally off-campus on such platforms such as Snapchat, Tic Toc, Facebook or Meta, U-Tube, and regular email,…

In this article, I detail how I revised a social foundations of education course to center major Supreme Court cases relating to K-12 public schools. Scholars in social foundations of education have articulated a vision for the field that fosters and promotes democracy and democratic dispositions. Focusing on the Supreme Court in a social…

Many recent critical reforms in state school finance systems have been catalyzed by the courthouse, not the statehouse. Advocates for equity-focused school finance reforms often consider legal action as the best path to significant policy changes. This brief discusses state-level lawsuits on adequacy and equity grounds and their outcomes.

The legal landscape has significantly impeded LGBTQ+ youth's rights at home and in schools. Learn about introduced and passed laws, the impact experienced by LGBTQ+ students, and how school psychologists can preserve LGBTQ+ mental health in these challenging times.

The South African higher education sector is annually buffeted with student unrest, ensuing costly vandalism of institutional property and jeopardy of academic progress. This paper explores episodes of vandalism in higher education institutions in South Africa. The literature review is utilised as a qualitative submethodology. 47 journal articles…

The American Library Association reported an "unprecedented spike" in the number of book removal requests in the final months of 2021, and most of these challenges focus on books about people from marginalized communities. Robert Kim asks whether such removals violate the First Amendment and explores how much discretion court have…

The problem that this Education Leadership Portfolio (ELP) sought to address was the traditional conduct resolution (TCR) process at the University of Delaware (UD) provides too few options to resolve conduct and conflict issues that promote learning and personal growth for students who do not pose a potential threat to those involved or the UD…

In "Dobbs v. Jackson Women's Health Organization" (2022), the U.S. Supreme Court overturned decades of precedent regarding the federal right to an abortion for people who can carry pregnancies. This case has substantial significance for the education field, directly affecting school- and college-age marginalized students who can carry…

Section 1983 of the Civil Rights Act of 1871 has been increasingly utilized as a legal avenue by U.S. students with disabilities, particularly concerning remedies not typically awarded under the Individuals with Disabilities Education Act. The purpose of this legal update is to briefly highlight recent case law in which guardians filed action in…

In the landmark 1969 "Tinker v. Des Moines" case, the Supreme Court ruled school districts could censor student speech if it caused a material and substantial disruption to the educational process or if the speech infringed upon the rights of others. Since then, the Supreme Court has also allowed schools to abridge students' speech…

"Castañeda v. Pickard" (648 F.2d 989, [5th Cir. 1981]) was a significant legal case in the history of educational policy for non-native English-speaking students in the United States. The case established a three prong 'test' for programs for those students, including the right for students to have an educational program based on sound…

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…

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 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…