Monetary sanctions, also known as legal financial obligations (LFOs), are a highly consequential yet underexplored element of the criminal legal system. LFOs consist of fines, fees, costs, restitution, surcharges, and other financial penalties that are imposed on individuals when they encounter the criminal legal system. Drawing on data from a…

States have always had the ability to regulate institutions conducting instruction or other postsecondary activities in their states. In Fall 2010, a Federal regulation was first released tying institutional and student eligibility for Title IV Federal Financial aid to an institution complying with State laws. Colleges and universities were to be…

This update of the legislation/regulations and case law specific to pre-K-12 gifted students since a cluster of publications in 2004-2005 primarily focuses on the "gifted alone" category, with only secondary attention to twice-exceptional and other students in the "gifted plus" category. For the gifted-alone category, the…

Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican…

State-level battles over changes in education policy have shifted in many places from legislative chambers to courthouses, as unions and other critics of new laws challenge them on the grounds that they violate state constitutions and worker contracts. Republican governors and lawmakers--their ranks bolstered by the 2010 elections--won passage…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

This article presents an interview with Jim Olson, a retired auto industry executive, about his experience with his company's hiring process. The responsibility for establishing and implementing procedures and policies that adhere to government regulations is critical. It makes sense for employers and potential employees to understand laws…

The number of parents who have chosen to educate their children at home has increased dramatically in recent years. Moreover, although less than one percent of school-aged children in the United States are schooled at home, a combination of judicial challenges and legislative activism have allowed advocates of home schooling to make major…

This document provides a layperson's introductory guide to researching primary legal materials, as well as using secondary research tools, in the Sarita Kenedy East Law Library at St. Mary's University (Texas). The guide includes the following sections: (1) Guide to Legal Abbreviations; (2) How To Find a Law Journal Article; (3) Legal Dictionaries…

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…

Today, a parent's right to choose a private education for his or her children is reflected in the statutes of all 50 states. State regulation of private schools, however, is not without limitations. The challenge to state legislators in regulating private schools is to draft legislation that: (1) respects the fundamental right of parents to direct…

The US Constitution, federal and state legislatures, courts, and regulations permit physical restraint for both therapeutic (i.e., behavior change) and risk prevention purposes. Although most venues limit restraint as punishment, no government entity prohibits use of physical restraint as a response to imminent danger. This paper provides a…

This brief guide to the legal rights of gifted preschool, elementary, and secondary school children, first notes the lack of a federal law to protect the rights of these children in contrast to children with disabilities and the need for advocates for these students to urge adoption of appropriate statutes and regulations at the state and local…

The Education Law Center (ELC) sought an independent review of special education funding in New Jersey as part of a larger group of studies intended to critique the cost study conducted by Augenblick and Palaich and Associates (APA) and the New Jersey Department of Education (NJDOE) and inform the ongoing public debate. In doing so, ELC recognized…

In the last twenty years, courts throughout the country have entertained claims relating to disparities in school funding. Early school finance suits sought to equalize "inputs" in terms of per pupil or overall expenditures. More recently, the advent of rigorous state accountability plans and the federal No Child Left Behind Act has…