The research underpinning this article has taken place in the context of a research project that seeks to improve children's legal capability. Discussions concerning the place of children's rights in this project led the author to engage with the HRE literature, where they discovered an affinity between the aims of the project and so-called…

In special education, medication often plays a critical role in meeting the needs of students with disabilities. The use of medications in schools, however, can be a problem when state laws and federal law conflict regarding the use of a medication, in this situation, medical marijuana. This column reports on a ruling by the U.S. District Court in…

The lack of support for transfer students, specifically students with individualized education plans (IEP) into school environments, is problematic. At times, IEP students face additional obstacles and challenges due to their disabilities compared to the regular education population. The authors formulated a case that follows an IEP transfer…

Following numerous high-profile incidents involving provocative speakers and organizations on college and university campuses, student affairs leaders are revisiting free speech policies and practices to ensure alignment with the First Amendment. Student affairs educators are also exercising care and precaution to maintain the integrity of their…

The purposes of this policy document are: (1) to encourage public-school instruction conducive to developing skills and gaining factual knowledge necessary for students' future success as critical thinkers, citizens, and leaders of the state of [STATE]; (2) to protect children against the unwarranted and harmful influence of politicized classroom…

In American jurisprudence, there can be no presumption of constitutional rights coextensive with those of adults for children in any institutional context. This includes public schools, in part because of the legal status of minors and in part because the "special characteristics of the school environment" are predicated on a…

In its decision in "Campaign for Fiscal Equity (CFE) v. State of New York," the New York Court of Appeals held that the state government was violating New York City students' right under the state constitution to the "opportunity for a sound basic education." It ordered the state to fix the education funding system to remedy…

The United States Supreme Court has been asked to review a 2013 Third Circuit Court of Appeals ruling against a Pennsylvania school district that disciplined students for wearing "I love Boobies! (Keep A Breast)" bracelets. This article reviews litigation related to the effort by schools to regulate bracelets and associated student…

Two diametrically opposed beliefs are held concerning the meaning of the least restrictive environment (LRE) when determining the class placements of students with disabilities. One group adheres to the placement philosophy that the LRE is always the general education setting. The other group believes that the LRE is where the students' needs may…

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct…

Sexual minority students (most often gay, lesbian, or bisexual, but including anyone who does not or is perceived to not fit the common heterosexual stereotype) often face ongoing bullying and harassment in schools that goes unstopped by faculty or administration. These students suffer academically, emotionally, and physically as a direct result…

Drawing on a recent New Jersey Supreme Court decision (2007), this case addresses a school district's responsibility regarding homophobic bullying, school culture, and the rights of lesbian, gay, bisexual, and transgender students to be free of discrimination.

Although most youth have positive experiences while using technology, bullying by electronic means, or cyberbullying, is becoming an increasing problem. Not only does it have the potential to significantly disrupt the educational environment, but it also can result in severe psychological and physical consequences for victims. In this article, the…

More than thirty years ago, an administrative assistant at Cornell University first challenged her university's indifference to her boss's sexually predatory behavior. While she did not prevail, her case sparked a movement. Litigation, news stories, and government guidelines defining sexual harassment followed. And universities responded: policies…

Bullying is a serious and escalating problem in public schools across America. Each day, thousands of students face taunts and humiliation stemming from bullies. Bullying victims experience emotional and psychological problems that may persist for a lifetime. Other victims commit suicide or retaliate against bullies out of fear for their own…