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…

A qualitative study of twelve student conduct administrators sought to capture their lived experiences relative to the impacts of federal and state regulation, case law, the media, attorney encroachment, parental involvement, and the use of litigation to supersede traditional processes on their professional work and personal lives. The interviews…

Although many may be surprised at the growth of homeschooling during the past few decades, the real surprise is probably how that growth happened and that it continues. Home school advocates and practitioners have succeeded despite a lack of funding, recruiting efforts, publicity, and grant money from philanthropic billionaires. They have faced…

This report describes the legal and scientific basis for an inclusive versus segregated education, summarizes national patterns for educating students with disabilities in general education classes, examines federal and state guidance, and state compliance with federal mandates, and describes effective educational practices for reducing…

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…

There is no evidence that physically restraining or putting children in unsupervised seclusion in the K-12 school system provides any educational or therapeutic benefit to a child. In fact, use of either seclusion or restraints in non-emergency situations poses significant physical and psychological danger to students. Yet the first round of data…

This study compares final sentencing decisions ordered by judges to federal and state sentencing guidelines for protective order violations. The authors reviewed violations that were pled before the largest district court in Utah and found that in the majority of cases, defendants were not sentenced in accordance with federal and state guidelines.…

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…

This chapter describes the relationship between federal student privacy laws and state privacy laws, and identifies the changes in the federal law over the last ten years affecting disclosure to parents of college students. Recent litigation on health emergencies is outlined and the limited rights of college students not yet eighteen years of age…

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This paper presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Several states have legal protections that effectively prevent a state…

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

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…

This manual provides guidance to Idaho school districts in identifying students with serious emotional disturbances (SED), as defined by federal and state laws and regulations. Sections 1, 2, and 3 of the guide describe SED in the context of various factors, including the Individuals with Disabilities Education Act, Section 504 of the…