Education Law Commons^™

How Do School-Level Dynamics Impact Mainstreaming Practices In American Schools?, Natalie M. Watson

Department of Sociology: Dissertations, Theses, and Student Research

How do school-level dynamics impact the everyday experiences of students with disabilities, compared to their abled peers? Extant research has mostly focused on the experiences of individual students with disabilities, and their teachers. We know far less about how school-level dynamics shape students’ experiences. Historically, American schools formally separated students with and without disabilities, though the specific mode varied over time -- ranging from explicit institutionalization to segregation in special education programs. At least since the passage of the Americans with Disabilities Act in 1990, efforts to educate students with disabilities alongside their abled peers in mainstreamed settings have increased …

The Limitation Effect: Florida Restrictions As A National Warning Sign, Mica Pollock, Hirokazu Yoshikawa, John Diaz, Abigail Richburg, Blair Cox, Andrew Matschiner, Emilie Homan, Abdul-Rehman Mohammed Issa

Education Faculty Articles and Research

The abstract below summarizes a white paper report we released in fall 2024, The Limitation Effect: Experiences of State Policy-Driven Education Restriction in Florida’s Public Schools (Pollock & Yoshikawa, et al.,). We hope readers will read our report in full. It links to an archive of background information and full interview highlights, as well.

At this writing, the nation has experienced over four years of a divisive networked campaign to restrict how educators can support students in public schools. This campaign has promoted both state law and nationally networked local agitation demanding that public schools limit access to specific realms …

The Fathers Have Eaten Sour Grapes: History Is The Wrong Test For Establishment Clause Questions In Public Schools, Abigail Riddle

Arkansas Law Review

The old quip goes, “As long as there are math tests, students will pray in the schools.” There is, however, a distinction between private and public prayers; the former allows religious students to find peace and comfort in a moment of anxiety, and the latter openly divides the religious majority from the religious and nonreligious minority, ostracizing the minority and exacerbating their nerves. This Note examines the constitutionality of religious exercises initiated by public school faculty and staff at public education’s founding, arguing that the special considerations present when considering prayer in these contexts are too important to be limited …

Expanding The Community School Framework: Regional Pilot Program, Tonya Byrd, Lakeisha Cook, Jonathan Collins, Tsion Tesfaye, Mike Royster

The Grace E. Harris Leadership Institute Publications

No abstract provided.

From 1957 To 2023: How The Supreme Court Prevented Little Rock Schools From Achieving The Ideal Of Desegregation, Nyssa Kruse

Indiana Journal of Law and Social Equality

No abstract provided.

“Change Is Inevitable”: How The First Amendment Safety-Valve Theory Can Expand Protections For Student Expression, Leslie Klein, Jonathan Peters

Indiana Journal of Law and Social Equality

This article challenges the traditional notion that the regulation and protection of student expression in public schools should be based primarily or exclusively on the marketplace theory, which often reinforces the status quo. The safety valve theory is more appropriate and should be applied, especially in the current political and social climate, to inspire an expansion of student speech and press rights that would support expressive activities seeking to change the public discourse around important issues. Students who can speak freely will be more willing to accept decisions that go against them, and a school environment in which passionate or …

An Argument For A Right To Education For Undocumented Youth In Light Of Daca’S Uncertain Future, Minnie Blackman

Indiana Journal of Law and Social Equality

Undocumented youth are facing increasingly difficult circumstances in which to integrate into U.S. society both socially and economically. A primary reason for this phenomenon is the current antagonistic sentiments surrounding the Deferred Action for Childhood Arrivals (DACA) program. These sentiments have created a lack of trust in this program, with fewer undocumented youth applying for DACA status, which would allow many of them to apply to public colleges and universities at in-state tuition rates. Previous research has implied that state laws have the potential to create a property interest in education, and, as such, it must be protected from arbitrary …

The Resurgence Of Massive Resistance, Danielle Wingfield

Washington and Lee Law Review

“Massive Resistance” to equal access to good quality public education is resurging across the nation. First employed by segregationists in Virginia, Massive Resistance spread across the South to oppose school desegregation. This extreme push to suppress equitable education occurred most notably post-Brown. Although 2024 marked Brown’s seventieth anniversary, Massive Resistance is again surging. In fact, the last few years have witnessed increasing resistance to publicly funded education. Some areas where anti-public education resistance strategies have manifested include political rhetoric around Critical Race Theory, library censorship, and renewed parental rights debates.

To devise the most effective response to …

The Effects Of Chronic Absenteeism On Average Daily Attendance Funding In Humboldt County Elementary Schools, Corabelle A. Esmailian

Cal Poly Humboldt theses and projects

Chronic absenteeism is linked to poor academic performance and lower social-emotional skills, both of which can have long-term effects on students and their communities. The California Department of Education uses average daily attendance (ADA) to determine most of the funding that public schools receive. When a student is absent, their school loses a portion of potential funding for that day. This study explores chronic absenteeism’s impact on the funding of Humboldt County’s elementary schools with a sequential exploratory research strategy and critical systems lens. Interviews with elementary administrators were conducted using a phenomenological approach to understand how this affects their …

The Caseload Chronicles: Investigating The Case Manager Role Through The Perspectives Of Current Special Education Teachers, Khalil Milad Abouhamad

University of the Pacific Theses and Dissertations

Teacher attrition and resulting shortages have become severely problematic across the United States. This is especially true within special education. This study employs role theory (Kahn et al., 1964) to isolate the case manager role carried by special education teachers, investigate it through the stories of current practitioners, and establish it within academia. Burnout theory (Maslach, 1993) provides a lens through which to evaluate the strain of working conditions surrounding the case manager role. Elements of narrative inquiry (Clandinin, 2006; Creswell & Guetterman, 2019) in the form of 1-1 interviews with current IEP case managers from across California provided the …

Bridging Gaps. The Role Of School Leaders In Implementing The Mckinney-Vento Act For Homeless Student Success, Brian Jones

Electronic Theses and Dissertations

This qualitative narrative inquiry explores the role of school leaders in implementing the McKinney-Vento Homeless Assistance Act (MKVA) within a public school district in West Texas. The study addresses the challenges school leaders face in supporting homeless students and the strategies they employ to ensure academic success and socio-emotional well-being. Drawing on Bronfenbrenner’s ecological systems theory and Bertalanffy’s general systems theory, the research examines how school leaders' personal understandings and professional experiences influence MKVA provisions' implementation. The study employs semistructured interviews and reflective journals to gather participant data, followed by a member-checking process to enhance the accuracy and credibility of …

Divisive Concepts Legislation: Perceptions Of Georgia Social Studies Teachers, Karen Terry, Forrest R. Parker Iii

Teaching Social Studies in the Peach State

This study examines Georgia social studies teachers' perceptions of House Bill 1084, which seeks to limit the teaching of divisive topics in K–12 classrooms. With growing concerns nationwide about how educators address controversial subjects, this bill represents Georgia's stance in the debate, potentially affecting social studies teaching in the state.

The research employs a survey-methods approach, focusing on Georgia's social studies teachers. Using a Delphi method, a pilot survey was first distributed to gather feedback and refine the survey. The study aims to understand teachers' views on House Bill 1084, its impact on their teaching practices, and its broader implications …

Transgender Bathroom Rights In K-12 Public Education, Carrieann Olivero

Seton Hall University Dissertations and Theses (ETDs)

The purpose of this study is to interpret the sex-based classifications in Title IX and the equal protection clause of the 14th Amendment. Between 2016 and 2022, how have circuit courts interpreted the Equal Protection Clause of the 14^th Amendment and the sex-based classifications of Title IX. The study will attempt to answer the following research questions: Does the Equal Protection Clause of the 14^th Amendment relate to transgender bathroom rights? The sex-based classifications of Title IX (of ESSA) as it is applied to transgender bathroom rights? Both the 14^th Amendment and Title IX as applied to …

Consultation Versus Direct Special Education Services And Postschool Outcomes For Individuals With Disabilities As Assessed By Indicator 14 Data, Callie Welch

Electronic Theses and Dissertations

There is abundant research relating to transition supports and services for students with disabilities as they move out of high school into adulthood; however, relatively little is known about the relationship between the type of special education services they received and their postschool outcomes. Guided by the Social Cognitive Career Theory (SCCT) and Tennessee’s Indicator 14 survey, I sought to better understand the relationship between the type of special education services received in high school and student further schooling or employability after graduation. Data were drawn from Indicator 14 surveys from 2021 and 2024 conducted by a rural school district …

Factors Impacting Bsn Degrees In Community Colleges In Illinois And Exploring Community Colleges To Address Nursing Education Reform: A Mixed Methods Study, Lovelle Reynolds

College of Education Theses and Dissertations

This dissertation investigates the implementation of Bachelor of Science in Nursing (BSN) programs in Illinois community colleges, focusing on Associate Degree in Nursing (ADN) faculty perceptions. Utilizing an explanatory sequential mixed-methods design, the study first conducted a survey among full-time ADN faculty across Illinois community colleges to assess their support for BSN program offerings. An overwhelming 85% of respondents supported or strongly supported this offering, recognizing the potential benefits for meeting the complex demands of modern healthcare roles. Following the survey, in-depth interviews with volunteered faculty members provided deeper insight into the implementation challenges. These challenges included the need for …

A Qualitative Exploration Of Social Capital And Its Influence On Baccalaureate Degree Completion Of First-Generation African American Men At The University Of Louisville., Joseph Marshall Goodman Iii

Electronic Theses and Dissertations

This qualitative dissertation was designed to examine influences which various forms of social capital have on post-secondary degree attainment of first-generation individuals who self-identify as African American men. Additionally, the sample population consisted of Black men who successfully matriculated to earn baccalaureate credentials across differing academic disciplines at a public historically White institution located in the mid-south region of the United States. The research data was extracted from one-on-one, semi-structured interviews using authentic dialogue through open-ended questions. Theoretical paradigms of the study involved a phenomenological approach and an ontological philosophical assumption, integrated with critical theory, critical race theory and social …

Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna

Electronic Theses, Projects, and Dissertations

The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …

A Systematic Review Of The Literature On Sexual Assault And Dating Violence Prevention Programs For Middle Schoolers And High Schoolers, Lauren Gay

Honors Projects

Adolescent sexual abuse and dating violence are serious issues that have life-changing impacts on victims. Sex education in the United States does place an emphasis on sexual assault and dating violence prevention curriculum to be provided for students. These programs have the potential to equip students with the knowledge to lead healthy relationships and prevent violent acts from happening. This review details 25 studies that provided these prevention programs to students and the impacts they had. It was found that the programs had positive impacts on preventing sexual assault and dating violence victimization and perpetration, as well as promoting healthy …

When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro

Washington and Lee Journal of Civil Rights and Social Justice

Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.

Global Strategies For Addressing Communication Disorders In Justice-Involved Youth, Sophia Martinez, Anne Marie Perrotti, Brooke Baker, Allison Chappell

Undergraduate Research Symposium

Throughout all stages of processing, most juveniles who encounter the justice system demonstrate cognitive-communicative difficulties (CCDs). Empirical evidence reveals that 19-22% of female and 28-38% of male youth offenders, culminating in approximately 50-60% of youth offenders, demonstrate language disorders that require intervention, but most have never received services (Snow et al., 2014; Winstanley et al., 2021). Speech-language pathologists (SLPs) are communication experts certified to assess and treat CCDs. While nations abroad recognize the value of SLP involvement in all stages of processing for justice-involved youth (JIY), America lags in utilizing SLPs to improve JIY outcomes and lower youth's risk of …

Her Seat At The Table: A Phenomenological Study Exploring The Lived Experiences Of Black Women Education Policymakers, Vickey R. Silas

LSU Doctoral Dissertations

ABSTRACT

This transcendental phenomenological study explored the lived experiences of Black women leaders as education policymakers to understand the essence of their journey to leadership positions and the impetus behind their decision-making. Despite progress, Black women remain marginalized and underrepresented in policymaking leadership roles and decision-making spaces (Griffin et. al, 2013). They face challenges that are intersectional like gender and race. My research question was what are the lived experiences of Black women education policymakers and how do these experiences impact their decision-making? While employing a transcendental phenomenological approach, I acknowledged my biases through reflexivity and bracketed them while also …

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

“It's The Commonwealth's Attempt To Censor . . . What We Teach”: Anti-Lgbtqia2s+ Educational Policy Influences On Rural Secondary Ela Teacher Practices, Josh Thompson, Clint Whitten, Karin Kaerwer

Virginia English Journal

The shift in political landscape in Virginia from former Democratic Governor Ralph Northam to current Republican Governor Glen Youngkin influenced educational policies in the commonwealth. Waving the banner of parental rights, the Youngkin administration began targeting LGBTQIA2S+ students and educators through legislation and policies such as SB 656 and Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. To understand the influence on rural school districts, this study asked how rural secondary English Language Arts educators understand and respond to these anti-LGBTQIA2S+ policies as well as the ways in which those educators …

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …

Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres

William & Mary Journal of Race, Gender, and Social Justice

Thirty-five states have enacted critical race theory (CRT) bans at the level of elementary and secondary public education, and eleven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of anti-racism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo …

There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier

Journal of Legislation

No abstract provided.

Investigating The Relationship Between Politics And Education, Alaina M. Winrow

Honors Theses and Capstones

This paper looks into how politics plays a role in the public K-12 education system in the United States, specifically looking at the state of New Hampshire. Federal, state, and local governments provide important resources through funding to schools and create the laws that govern them. However, educational politics can be controversial at times. Within the past several years, there have been more tense school board meetings and divisive laws being passed or considered around the nation. Overall, the divisive political climate has influenced much of the discussion surrounding education and has created more stress for educators, administrators, school staff, …

Do Dyslexia Laws Help Students With Visual Impairments Receive Needed Reading Supports? A Mixed-Methods Approach., Lindsay N. Harris, Johnnie Jones, Molly Pasley, Lisa Liberty, Tiffany Puckett

CISLL Publications

Teachers of students with visual impairments (TSVIs) have long expressed frustrations about the difficulty of getting a dyslexia diagnosis for students with visual impairments, but there is limited data to validate their concerns. Moreover, although most U.S. states have passed dyslexia laws that require universal screening and/or intervention for students with dyslexia, the laws may not be applied equally across all populations of students. A mixed-methods approach can validate TSVIs’ perspectives by revealing whether dyslexia legislation is associated with TSVIs’ perceptions of how their students’ needs are being met. To this end, we conducted a qualitative analysis of TSVI survey …

The Battle Over Diversity, Equity, And Inclusion And Critical Race Theory In Florida: A Case Study On The Stop W.O.K.E. Act, Grace Anne Castelin

Honors Undergraduate Theses

Accelerating from 2022 and continuing through 2024, the state of Florida has experienced significant policy changes, particularly within the realm of higher education and affairs of diversity, equity, and inclusion (DEI). Many progressive officials, experts, and activists assert arguments that the state is on the verge of evolving into an authoritarian regime while many illiberal policies are being produced through the Florida legislature and current executive leadership—social and economic sectors are consequently threatened in order to maintain political oppression. The Stop W.O.K.E. Act has served as a catalyst for shifting the state's political stance on DEI, culminating in a chain …

Florida Queer K12 Teachers Perceptions Of School Climate Under “Don’T Say Gay”, Katherine E. Foley

UNF Graduate Theses and Dissertations

Florida's newest legislation leaves many Florida queer teachers feeling marginalized and unprotected in the classroom (Block, 2022). The “Parental Rights in Education” Bill (FL HB 1557 and FL HB 1069), infamously renamed “Don’t Say Gay”, was created ostensibly to help protect parental rights and choices in education. The new law prohibits the discussion of gender identity and sexual orientation in kindergarten through twelfth grade classrooms. “Don’t Say Gay” provides vague guidelines for queer teachers on approaching topics like sexual orientation and gender identity. Despite the evidence that queer teachers who are open and honest about their identity often find themselves …