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Katherine A. Graves – Intervention in School and Clinic, 2024
Restraint and seclusion are frequently misused in schools, leading to harmful outcomes for students. There is currently no federal law regulating these practices, which has led to inconsistencies in state and district policies. This policy paper aims to provide a brief background on current definitions, case law, and policies and provide teachers…
Descriptors: Punishment, Discipline, Discipline Policy, Court Litigation
Margaret Vaughn; Catherine Lammert; Delia Carrizales; Kyle C. Arlington – Peabody Journal of Education, 2025
This paper explores the possibilities for student agency for multilingual learners. Drawing on sociocultural understandings of agency, the discussion provides a portrait of literacy policy across the United States and its influence on opportunities for multilingual learners during literacy instruction. Exploring past and current policies aimed at…
Descriptors: Bilingual Education, Educational Legislation, Second Language Learning, Court Litigation
Pirkle, Jesseca R. A. – Health Education & Behavior, 2023
Since federal legalization in 1973, abortion has become a safe and popular option for those who desire to terminate a pregnancy. However, the Supreme Court decision of "Dobbs v. Jackson Women's Health Organization" in June 2022 clearly outlined a national divide that shifted abortion rights in the hands of state legislatures. This shift…
Descriptors: Pregnancy, Federal Legislation, State Legislation, Females
Susan Willey; Ivy R. White – Journal of Legal Studies Education, 2025
Businesses use facial recognition software, fingerprint scanning, and other biometric tools in the workplace and/or commercial establishments. Concerned with the collection, use, retention, and security of biometric data, and the impact of these practices, Illinois enacted the Biometric Information Privacy Act in 2008. We designed a project that…
Descriptors: Human Body, Nonverbal Communication, Recognition (Psychology), Privacy
Kulczycki, Andrzej – Health Education & Behavior, 2022
On June 24, 2022, the U.S. Supreme Court issued its decision on "Dobbs v. Jackson Women's Health Organization." By voting to uphold Mississippi's law banning most abortions after 15 weeks, the Court overturned "Roe v. Wade," eliminating the federal standard protecting a woman's right to abortion and reversing nearly 50 years of…
Descriptors: Pregnancy, Courts, Females, Health Services
Madeline W. Donley; Jared P. Cole – Congressional Research Service, 2025
Policymakers have debated how schools should respond when transgender students (students who are assigned one sex at birth but identify with the opposite sex) seek to use facilities or participate in school activities consistent with their gender identity. One prominent area of contention is the participation of transgender athletes in school…
Descriptors: Transgender People, Gender Issues, Athletics, Student Athletes
Mackinac Center for Public Policy, 2022
This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative…
Descriptors: Educational Policy, State Legislation, Constitutional Law, State Action
Zirkel, Perry A. – Communique, 2022
This article highlights the trends in state laws and judicial rulings specific to identification of and interventions for students with dyslexia.
Descriptors: Dyslexia, State Legislation, Equal Education, Educational Legislation
Perry A. Zirkel – Communique, 2024
School psychologists are well served to stay up to date on trends in special education law, particularly with respect to determinations when school teams' decisions are challenged. This allows them to focus on proactive best practices that foster accurate specific learning disability (SLD) identification and active collaboration with parents. This…
Descriptors: Learning Disabilities, Students with Disabilities, Special Education, Educational Legislation
Diem, Sarah; Smotherson, Brittany – Equity Assistance Center Region III, Midwest and Plains Equity Assistance Center, 2022
School districts must not only be knowledgeable about the historical context of school desegregation, but also what current efforts are occurring across the U.S. to combat school segregation as they may help guide them in leveraging policy in their own school communities' school integration endeavors. Thus, the purpose of this "Equity by…
Descriptors: Desegregation Litigation, School Desegregation, School Districts, Educational History
Foo, Cornell E.; Schaefer, George R.; Russell, Angela R. – Physical Educator, 2023
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…
Descriptors: Athletics, Middle School Students, Student Athletes, Grade 6
Yell, Mitchell L.; Edlein, Rachel; Katsiyannis, Antonis – Intervention in School and Clinic, 2023
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…
Descriptors: Drug Use, Drug Therapy, Marijuana, Special Education
Zirkel, Perry A. – Communique, 2020
Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…
Descriptors: Students with Disabilities, Discipline, Court Litigation, Constitutional Law
Zirkel, Perry A. – Journal of Special Education Leadership, 2023
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…
Descriptors: Students with Disabilities, Home Instruction, Student Placement, Home Schooling
Murphy, Tonia Hap – Journal of Legal Studies Education, 2019
Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…
Descriptors: Torts, Privacy, Publicity, Civil Rights

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