This eighth edition provides a current and comprehensive discussion of counselors' legal and ethical responsibilities, an examination of state and federal laws as they relate to practice, and helpful risk management strategies. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, offer real-world practical tips…

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…

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…

Challenges confront lesbian, gay, bisexual, queer, and transgender public school teachers or those who are perceived as such or who desire to be open about their sexual orientations or gender identities or expression. Teachers who do not conform to gender and sexual orientation norms currently are and historically have been the subject of…

This qualitative, phenomenological case study was designed to illuminate the perceptions and experiences of eight undocumented community college students navigating the California public higher education systems with the aim of identifying factors associated with college persistence. These factors fall into three categories: financial, academic,…

In this article, we explain how overly prescriptive, rigid state statutory and regulatory policy frameworks regarding teacher evaluation, tenure and employment decisions outstrip the statistical reliability and validity of proposed measures of teaching effectiveness. We begin with a discussion of the emergence of highly prescriptive state…

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…

This exercise is designed to assist school counselors in assessing their knowledge of prevalent ethical and legal issues within the school setting. The aim is to highlight emerging legal and ethical dilemmas and motivate counselors to stay abreast of specific school rules and policies, as well as keep a basic understanding of state and federal…

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…

Three parts of the new copyright law are examined, each of which represents a departure from copyright principle: Section 301, Section 201(e), and the compulsory licensing sections, 111, 115, 116, and 118. Implications in view of the expected proliferation of new media for exploiting copyrighted works are discussed. (LBH)

A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

This address traces the historical roots and describes the enactment of the Federal "sunshine law," which provides for public access to meetings held in the public interest. Based on Florida's sunshine law, the new Federal statute requires that all congressional committees and most Federal Agencies conduct their business in the open.…