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…

In March 2017, the Supreme Court decided "Friedrichs v. California Teachers Association" and upheld the constitutionality of agency fees for nonunion teachers. We examine how "Friedrichs" reflects a host of issues grouped around a patchwork of ideological commitments regarding teachers unions and public-sector unions more…

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…

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 article provides a concise and objective synthesis of the federal legislation, regulations, and agency policy interpretations; state laws; and case law, including hearing officer and complaint investigation decisions, concerning specific learning disability (SLD) identification since the 2006 IDEA regulations. The results reveal wide latitude…

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…

Students suffer extreme hardship when their postsecondary education is interrupted or significantly devalued by school closure or misconduct. Private postsecondary education in particular can cost tens of thousands of dollars in tuition, fees, equipment, and required materials. These considerable expenses constitute only part of the economic harm…

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…

Just 18 minutes before the midnight signing deadline on May 15, 2010, Minnesota state legislators breathed a sigh of relief. Their bipartisan pension reform legislation, which passed both chambers by large margins and aimed to help shore up a potentially failing pension system, had just escaped a veto threat. Under pressure from his Republican…

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…

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…

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…

In 2011, the Indiana General Assembly passed a broad and ambitious reform package that significantly altered how teachers and principals are evaluated. Senate Enrolled Act 001 (SEA 1) requires: (1) annual evaluation for all certificated employees; (2) objective measures of student achievement and growth; (3) rigorous measures of effectiveness; (4)…

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,…

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…