When courts engage in educational policymaking through what is called "public law litigation," they set foot in unsettled territory. Framing the authors' work in legal studies literature, this article relays how one court engaged in a sweeping reform of special education in Chicago and teacher certification in the entire state of…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

This article describes the process of reentry for adolescent girls and young women who experienced incarceration as adolescents in Costa Rica. The needs of adolescent girls and young women with undiagnosed and psychosocial disabilities are explored, considering existing scholarship and research gaps from Costa Rica's legislation and policies.…

The appropriateness of using the judicial process as a forum for resolving the cost-quality debate in educational finance is discussed in an attempt to discover some intermediate ground, which would permit the judicial machinery to operate but avoids settling the scientific dispute. Existing judicial standards of educational opportunity are…

Examines early-intervention entitlements currently extended by all states. Perspectives from the legislative process, federal and state implementation, judicial interpretation, and professional views are included. Distinctions among the key provisions for differing early intervention service systems are presented, legal cases are reviewed, and…

This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play"…

Graduate students and faculty from within and outside of the University of Pittsburgh community were among the presenters at this colloquium on educational change and challenge. The papers include: Academic Freedom, Anti-Communism, and the McCarthy Era (Steve Aby); The Finnish Contribution to the American Workers' Education Movement (Richard J.…

Special education research and practice has had an inextricable link to case law. Indeed, Smith, Katsiyannis, and Ryan (2014) suggest that case law can be a useful tool in providing legal information, identifying emerging areas of need, and in informing practice. As such, the Office of Civil Rights (OCR) rulings, hearings, and Dear Colleague…

As students who have intellectual disability reach or have reached the age of majority, concerns regarding their competence to make informed decisions are often raised, as is the issue of adult guardianship. Guardianship refers to when a judge appoints an adult to be the guardian of another adult (ward) who has been determined to be unable to care…

Dimensions and implications of the role of the federal courts in the formulation of educational policy are discussed. Emphasis is placed on the function of social scientists and social science data and techniques in the legal process. The document contains seven articles. Article I presents background information on the relationship between social…

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

This paper deals with Federal and State court decisions, from 1970 to present, which either foster or encourage citizen participation in the educational decision-making process. Findings contained in this study are based on a State by State analysis of court decisions in education. An overview of the decisions supports the report's contention that…

Inherent differences between the legal-adversary process and empirical social science research are damaging to the growth of social science and to its usefulness in court. Changes are suggested which would increase the value of social science findings in court decision making. (Author/GDC)

This article explores the legal principles that are the foundations of current efforts to implement mainstreaming in the schools. The judicial history, legislative history, and process of implementation in the school system are discussed. (CJ)