Even as they struggle to climb out of deep financial holes, states are facing lawsuits that contend they do not meet their constitutions' requirements to provide sufficient funding to districts and fail to provide resources for disadvantaged schools and student populations. This article reports on legal battles in Texas, Colorado, and elsewhere…

Positive risk-taking in the context of outdoor physical play is important for fostering children's optimal health and development. Despite this, there is mounting concern that many developmentally beneficial activities are now seen as dangerous and something to be avoided. However, perceptions of risk are very much subject to cultural…

This comparative study on the educational governance systems of South Africa and the Commonwealth of Kentucky examines legal evidence from judicial decisions and administrative law to understand similarities in how school-based governance structures have been developed. We found that although school-level governance structures may provide greater…

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)…

An African-American stripper's false accusation of rape against three white Duke University lacrosse players in 2006--and the overzealous prosecution that followed--ultimately exposed prosecutorial misconduct, a rush to judgment, and simmering tensions of class, race, privilege, and gender. Michael L. Seigel, a professor of law at the University…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

In this article, we attempt to honor the rich legacy of Derrick Bell by detailing how exploring his specific contributions to critical race theory (CRT) provided lessons for developing and refining critical race pedagogy (CRP). We examine Bell's racial realism thesis in connection with his pedagogical work. In doing so, we find that he was as…

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…

School Boards desiring to avoid the requirements of the Equal Access Act (EAA) to prevent students from organizing Gay-Straight Alliance (GSA) clubs within their schools may have difficulty doing so. However, legal experts have recently purported ways to accomplish this task in order to avoid the problems that may arise when students attempt to…

A growing number of states and local schools across the country have adopted educator evaluation and accountability programs based on the use of student test scores and value-added models (VAM). A wide array of potential legal issues could arise from the implementation of these programs. This article uses legal analysis and social science evidence…

For decades, postsecondary institutions have focused more on the line between compliance and noncompliance, balancing the rights and responsibilities of institutions with those of students with disabilities. The danger for postsecondary institutions in focusing on a "line in the sand" approach was to further perceptions that students…

This paper seeks to analyse discourse patterns of legal opinions in two languages and cultures--namely, Legal Problem Question Answers (LPQs) in the UK academic writing context and Pareri (Ps) in the Italian professional writing context. The qualitative and quantitative analysis of discourse in this paper, based on the tenets of genre analysis,…

Japan faces an educational challenge even after the start of a new special education system (Tokubetsushienkyouiku). This article addresses the legal framework of the special education system in Japan and analyzes the issues needed to be addressed to reinforce the inclusion of children with disabilities in public regular school settings. The…

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…

The increasing number of special education-related lawsuits has become costly, time-consuming, and a strain on school-community relations--in short, an issue of growing concern to U. S. school systems. To identify factors associated with this type of litigation, this study analyzed data from one state's 10-year experience with due process special…