Due process hearings are an established parental right and procedural safeguard as part of the Individuals with Disabilities Education Act (2004) in resolving conflict. This process was created to ensure conflict resolution efforts have inherent challenges for school districts in how they respond to individual complaints while they continue to…

U.S. higher education institutions and international educators have sought to improve the level of engagement and participation in education abroad among undergraduate college students as well as to diversify the types of available experiences and the students that benefit from them. Yet, this programmatic investment in international education and…

This dissertation analyzed court decisions in injuries on school grounds cases under the Louisiana Governmental Claims Act. The question addressed was: How have the Louisiana courts interpreted the Louisiana Governmental Claims Act in litigation against Louisiana school districts and their employees? The intent of this study was to show how…

The National Collegiate Athletic Association and the manner in which it governs intercollegiate athletics has come under intense scrutiny in its recent history. The area within the NCAA's policy's and legislation that has come under fire the most is its regulation on student-athlete amateurism. Within the past few decades the NCAA has faced an…

The Individuals With Disabilities Education Act of 2004 (IDEA) is a piece of federal legislation that directs schools and districts to provide students with disabilities a "free appropriate public education." It contains numerous legal tools that parents can use to compel schools to develop appropriate educational programming for their…

This dissertation explored the constitutionality of a Georgia law, under both the Georgia Constitution and the United States Constitution, which allows for the removal of elected school board members based on threatened loss of district accreditation. The problem is that elected board members are being removed from office based on district…

This report describes a problem based learning project focusing on Section 504 Compliance in the State of Missouri. Additionally it provides information about Superintendent's perceptions and levels of knowledge about Section 504 compliance in their districts. The project team sought to learn and understand the historical timeline of legislation…

This report describes a problem based learning project focusing on Section 504 Compliance in the State of Missouri. Additionally it provides information about Superintendent's perceptions and levels of knowledge about Section 504 compliance in their districts. The project team sought to learn and understand the historical timeline of legislation…

This report describes a problem based learning project focusing on Section 504 Compliance in the State of Missouri. Additionally it provides information about Superintendent's perceptions and levels of knowledge about Section 504 compliance in their districts. The project team sought to learn and understand the historical timeline of legislation…

There has been little research regarding adverse employment actions against public school principals. Principals are dismissed, demoted, or transferred, not only for low accountability test scores but for a variety of reasons that may or may not affect test scores. The legal ramifications of these adverse employment actions have resulted in…

Purpose: The purposes of this study were to (a) investigate the connections between aspects of organizational cultures and employees' propensity to file claims and/or engage in litigious conduct against their organization, (b) ascertain behaviors of managers and supervisors implicitly sanctioned by the organization's culture that trigger employees…

According to the U.S. Supreme Court ("Island Trees School District v. Pico," 457 U.S. 853, 1982), the Constitution presupposes that the free flow of information between the government and the public is essential to maintaining an informed citizenry, which in turn is essential to holding governments accountable. However, local governments…

The purpose of this research was to examine the patterns and themes of litigation in Americans with Disabilities Act (ADA) disability discrimination cases charged under the theory of disparate impact. Specifically, this study used Computer Assisted Legal Research (CALR) to identify and review all U.S. Appellate Court ADA disparate impact cases as…

This dissertation analyzed public court decisions in cases against Oklahoma school districts and their employees involving sovereign immunity claims filed under Oklahoma's Governmental Tort Claims Act. The questions addressed were: (1) How have the Oklahoma courts interpreted the Governmental Tort Claims Act, (Okla. Stat. tit. 51 Section 151 et…

Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…