Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

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…

This article presents a tool for systematic consideration of the accuracy of the legal contents of publications in special education. The tool is a two-dimensional grid with one axis having three overall levels relative to legal requirements and the other axis having the three perspectives symbolized by the courtroom roles of pro-parent,…

Institutional debt, also referred to as direct-to-school debt, is debt owed by students to their college or university for unpaid tuition, fees, room and board, education benefit overpayments, or fines. Unpaid tuition is the most common debt and can arise if a student enrolled with the expectation of aid that did not come through, or if a student…

Since schools have generally resumed full in-person services, the legal issues for students with disabilities include not only the continuing line of cases challenging the level and efficacy of services during the pandemic but also the potential disputes about implementation or nonimplementation of "compensatory services" per federal and…

This article offers a teaching case based on the 2013 controversy surrounding comments made in a deposition by Paula Deen during a lawsuit filed against her by a former employee. Deen's admission of using racially derogatory terms, on top of a variety of other allegations in the case, stunned and outraged many of her fans and the public in…

The advent of critical race theory (CRT) in legal scholarship changed the way in which legal scholars think about race and racism in at least three ways. First, CRT scholars argue that the problem of racial justice is fundamental to American law, whereas the previous generation of civil rights scholars saw racial justice as a problem of…

This report discusses the 2023-24 Accomplishments and 2024-2025 Priorities and Ongoing Responsibilities for the departments of the New York State Education Department: (1) Office of Counsel; (2) Government Relations; (3) Finance; (4) Public Affairs; (5) P12 Instructional Support; (6) P12 Operational Support; (7) Higher Education; (8) Adult Career…

This short review demonstrates how the use of American Mock Trial Association (AMTA) case materials, both throughout intercollegiate competitions and in academic courses, can engage and invigorate students while teaching them crucial skills in a way that few other programs or activities can do. The AMTA case provided for the 2017-2018 academic…

Currently, higher education is being roiled by class-action lawsuits filed against high-profile institutions, including MIT, Yale and New York University, over management of their retirement plans. As the lawyers are deployed and the billable hours accrue, it is timely to examine how those who have responsibility for retirement plan…

For 50 years, American education policy has often danced to the tune of labor realities. "Friedrichs v. California Teachers Association" is a case that awaits hearing by the U.S. Supreme Court that could dramatically change this picture. The case, if decided for the plaintiffs, could end the practice of "agency" fees--money…

The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

Evolution, due to its importance in science, holds a prominent place in national science standards and many state standards. Scientists nearly universally agree that the theory of evolution best explains the unity and diversity of life. Accordingly, numerous science, science education, and religious organizations support the teaching of evolution…

A persistent problem in the professional literature in school psychology and related fields, such as special education, is the insufficient treatment of legal issues in terms of not only quantity (e.g., Zaheer & Zirkel, 2014) but also quality (e.g., Zirkel, 2014). The quality dimension is illustrated in the coverage of the Supreme Court's…

College and university lawyers must be prepared to address legal matters that range from the kinds one might expect to those that are unanticipated, even unbelievable. It's all in a day's work--and there's no such thing as a typical day in the life of a higher education attorney. The complex legal and regulatory issues facing…