In March 2017, the U.S. Supreme Court decided "Friedrichs v. California Teachers Association," a case addressing the constitutionality of "agency fees" for non-union teachers in California. Although the Court's 4-4 decision in the wake of Justice Scalia's death upheld the constitutionality of agency fees, several similar…

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…

Since 1980, Michigan retirees have been afforded health care benefits for which they were required to pay 10 percent of the premium upon retirement--the remainder was paid for by the state. Recently, the Michigan Legislature reduced the financial obligation of the State for retiree health care benefits, placing it on the individual member. In…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge--legally and logistically--for many Catholic schools. District officials, school leaders, and school staff need support to understand the…

Challenges confront lesbian, gay, bisexual, queer, and transgender public school teachers or those who are perceived as such or who desire to be open about their sexual orientations or gender identities or expression. Teachers who do not conform to gender and sexual orientation norms currently are and historically have been the subject of…

In this article, we explain how overly prescriptive, rigid state statutory and regulatory policy frameworks regarding teacher evaluation, tenure and employment decisions outstrip the statistical reliability and validity of proposed measures of teaching effectiveness. We begin with a discussion of the emergence of highly prescriptive state…

Research demonstrates that students with disabilities are harassed more than their nondisabled peers. Students with disabilities who have been severely harassed have argued that they are not receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) as required by Individuals with Disabilities Education Act…

This timely special report from ALA Editions provides a succinct but comprehensive overview of the "privatization" of public libraries. It provides a history of the trend of local and state governments privatizing public services and assets, and then examines the history of public library privatization right up to the California…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of…

Merit pay is now in the midst of a renaissance. Hundreds of school districts are experimenting with some type of performance-based pay system. At least six states have statewide or pilot programs, and the federal government has spent close to $100 million on the Teacher Incentive Fund. Whether such programs will last, encourage the start of…

The legislative history of legislation concerning disclosure of standardized college admissions test items is reviewed, the effect of existing laws in California and New York is outlined, and public policy and legal questions leading to and resulting from the legislation are discussed. (MSE)

Purpose: Advance directive (AD) documents are based on state-specific statutes and vary in terms of content. These differences can create confusion and inconsistencies resulting in a possible failure to honor the health care wishes of people who execute health care documents for one state and receive health care in another state. The purpose of…

In California, the desire to do something about child abuse, fanned by repeated and often sensational media coverage, has led to an understandable but counterproductive overreaction on the part of professionals and citizens reporting suspected child abuse. Child protective agencies receive an average of one report a minute. There are over 300,000…