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Section: 2024 WELR Commentaries
A CHILLY TIME IN SCHOOLS: STATE CONTENT RESTRICTION LAWS AND THE INTENT TO DISCRIMINATE
by: Regina Umpstead Pratel, J.D., Ph.D.
12/19/2026
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AN EXAMINATION OF K-12 LITIGATION IN THE FIRST YEAR AFTER THE SUPREME COURT'S OPINION IN SFFA V. HARVARD COLLEGE AND SFFA V. UNIVERSITY OF NORTH CAROLINA
by: Diane Heckman, J.D.
12/19/2024
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ESSAY FREE SPEECH IN AN AGE OF CAMPUS CONFLICT AND JUDICIAL INSTABILITY
by: John Dayton, J.D., Ed. D.
11/21/2024
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ESSAY ALIGNING TITLE IX WITH THE AMERICAN PROPOSITION: THE IMPLICATIONS OF THE SUPREME COURT'S LIMITATIONS ON EXECUTIVE POWER
by: Elizabeth Kaufer Busch & William E. Thro
10/24/2024
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FELLOWSHIP OF CHRISTIAN ATHLETES V. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION: NINTH CIRCUIT INVALIDATES “DOUBLE STANDARDS”1 AS APPLIED TO A RELIGIOUS CLUB
by: Charles J. Russo, J.D., Ed.D. & Kevin P. Brady, Ph.D.
10/10/2024
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IDEA ELIGIBILITY THROUGH AGE TWENTY-ONE: WHAT DOES IT MEAN?
by: Allan G. Osborne, Jr., Ed.D.
9/26/2024
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KEEPING SECRETS FROM PARENTS: PART OF GROWING UP AS A NEW TRANS YOU?
by: Kathleen Conn, Ph.D., J.D., LL.M.
9/12/2024
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AN ANALYSIS OF IDEA ADMINISTRATIVE EXHAUSTION ONE YEAR POST- PEREZ
by: Kayla Bridgham & Janet R. Decker
8/29/2024
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BURDEN OF PROOF UNDER THE IDEA: DOES IT MAKE A DIFFERENCE IN DUE PROCESS DECISIONS?
by: Perry A. Zirkel, Ph.D., J.D., LL.M., and Diane M. Holben, Ed.D.
8/29/2024
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CHARTERING RELIGION: EXAMINING THE IMPLICATIONS FOR EDUCATORS' CIVIL RIGHTS IN RELIGIOUS CHARTER SCHOOLS
by: Suzanne E. Eckes, Preston Green III, & Julie F. Mead
8/15/2024
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PRELIMINARY RUMINATIONS ON THE EFFECTS OF THE SUPREME COURT'S LOPER DECISION IN THE SPECIAL EDUCATION LEGAL CONTEXT
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
8/15/2024
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GENDER BY BIRTH GENITALIA OR GENDER BY GENDER IDENTITY: WHAT MAKES A GIRL A GIRL FOR SCHOOL SPORTS?
by: Kathleen Conn, Ph.D., J.D., LL.M
8/1/2024
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SUBSTANTIVE DUE PROCESS. “SHOCKS THE CONSCIENCE STANDARD” APPLIED TO EDUCATOR DISCIPLINE
by: Todd A. DeMitchell, Ed.D. & Mark Paige, J.D., Ph.D.
8/1/2024
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DO COURTS HAVE JURISDICTION UNDER THE IDEA TO ENFORCE AN ADMINISTRATIVE HEARING DECISION?
by: Allan G. Osborne, Jr., Ed.D.
7/18/2024
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SCHOOL BOARD MEMBERS AND SOCIAL MEDIA POSTS. BLOCKING: STATE ACTION OR PRIV ATE ACTION? LINDKE V. FREED
by: Mark Paige, J.D., Ph.D. & Todd A. DeMitchell, Ed.D.
7/18/2024
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BUETTNER-HARTSOE V. BALTIMORE LUTHERAN HIGH SCHOOL ASSOCIATION: FROM TAX-EXEMPT STATUS TO TITLE IX RECIPIENT? THE MEANING OF “RECEIVING FEDERAL FINANCIAL ASSISTANCE”
by: Kathleen Conn, Ph.D., J.D., LL.M.
7/4/2024
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MCCLEARY AT TWELVE: EXAMINING POLICY DESIGNS FOLLOWING COURT- MANDATED SCHOOL FINANCE REFORM IN WASHINGTON STATE
by: Kendall L. Fujioka, J.D. & David S. Knight, Ph.D.
7/4/2024
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OSSEO AREA SCHOOLS V. A.J.T.: ARE STUDENTS WITH DISABILITIES ENTITLED TO PROGRAMMING BEYOND THE NORMAL SCHOOL DAY?
by: Allan G. Osborne, Jr., Ed.D.
6/20/2024
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TRANSGENDER ATHLETIC PARTICIPATION IN HIGH SCHOOL: SEEKING CLARITY
by: Momi Tu'ua, Adam Young, & Spencer C. Weiler
6/20/2024
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USE OF EXTRA-LEGAL SOURCES IN THE SFFA DECISION: THE EVIDENCE THAT INFORMED THE COURT'S CURTAILING OF RACE-CONSCIOUS ADMISSIONS PRECEDENT
by: Raquel Muñiz, JD, PhD. & Nate Hutcherson, MSEd.
6/6/2024
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CADRE'S NATIONAL DATA ON THE FREQUENCY OF DUE PROCESS HEARING DECISIONS: SUGGESTED ADJUSTMENTS
by: Perry A. Zirkel, Ph.D., J.D., LL.M., & Elizabeth Zagata, Ph.D.
6/6/2024
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PRIDE FLAGS IN THE CLASSROOM: A PRACTICAL GUIDE
by: Moises Aguirre, Alexis Baggett, and Spencer C. Weiler
5/23/2024
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AN ANALYSIS OF EXPEDITED DUE PROCESS HEARING DECISIONS UNDER THE IDEA
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
5/23/2024
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AN EXAMINATION OF STUDENT CLUBS WITH BENEFITS
by: Amy L. Dagley, Ph.D..
5/9/2024
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ARE STUDENTS WITH DISABILITIES PARTICIPATING IN DUAL CREDIT PROGRAMS COVERED UNDER THE IDEA?
by: Allan G. Osborne, Jr., Ed.D. & Terrence Leas, Ph.D.
5/9/2024
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LIMITING STUDENT SPEECH IN CLUBS: A CASE STUDY FROM WILLOW BROOK HIGH
by: Isaac Calvert, Jessica Ashcraft, John D. Balderree, Joel Coleman, & Michelle Price
4/25/2024
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TEXAS PLAYS THE “LET'S SHIFT THE BLAME GAME” AGAIN: THIS TIME TO BOOKSELLERS
by: Kathleen Conn, Ph.D., J.D., LL.M
4/25/2024
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THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND HIGHER EDUCATION: PROTECTING EMPLOYEES AND APPLICANTS WHILE AVOIDING LIABILITY IN EMPLOYMENT DECISIONS
by: Kerry Brian Melear, Ph.D.
4/11/2024
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PUBLIC SCHOOL RATES OF § 504-ONLY STUDENTS IN K-12 PUBLIC SCHOOLS: THE LATEST UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M., and Gina L. Gullo, Ed.D.
4/11/2024
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PREDICTORS OF TIMELINESS OF IDEA DUE PROCESS HEARING DECISIONS WITH AND WITHOUT NEW YORK
by: Diane M. Holben, Ed.D., Andrew M.I. Lee, J.D., Christopher Thomas, J.D., Ph.D., & Perry A. Zirkel, Ph.D., J.D., LL.M.
3/28/2024
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DECISIONAL REMEDIES FOR PROCEDURAL VIOLATIONS UNDER THE IDEA: LESSONS FROM AND FOR THE STATE COMPLAINT PROCESS
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
3/28/2024
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COMPULSORY EDUCATION IN UTAH AFTER COVID-19: AN ALTERNATIVE TO PROSECUTING TRUANCY
by: Isaac Calvert, Jessica Ashcraft, Shauna Worthington, Heather Balli, & Doug McDougal
3/14/2024
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SCHOOL DISTRICT RATES OF § 504-ONLY STUDENTS IN K-12 PUBLIC SCHOOLS: THE LATEST UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M., and Gina L. Gullo, Ed.D.
2/29/2024
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STUDENT HAIR LENGTH, BRAIDS, AND LOCS: LITIGATION AND LEGISLATION
by: Todd A. DeMitchell, M.A.T., Ed.D., M.A.
2/15/2024
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A PARENT'S RIGHT TO VIDEO-RECORD IEP MEETINGS: PITTA V. MEDEIROS
by: Allan G. Osborne, Jr., Ed.D.
2/15/2024
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RECENT LEGAL IMPLICATIONS OF ADA ACCOMMODATIONS FOR GRADUATE AND PROFESSIONAL STUDENTS
by: Macey Edmondson, Ph.D., J.D.
2/1/2024
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STATE RATES OF § 504-ONLY STUDENTS IN K-12 PUBLIC SCHOOLS: THE LATEST UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M., and Gina L. Gullo, Ed.D.
2/1/2024
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U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: PHASE TWO AFFIRMATIVE ACTION CASES ERADICATING SUCH USAGE IN COLLEGE ADMISSIONS
by: Diane Heckman, J.D.
1/18/2024
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ONE YEAR AFTER KENNEDY V. BREMERTON: AN ANALYSIS OF THE IMPACT OF THE COURT'S DECISION ON CHURCH-STATE LAW IN PUBLIC SCHOOLS
by: John Dayton, J.D., Ed. D.
1/4/2024
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U.S. SUPREME COURT ISSUES FATAL KNOCK-OUT PUNCH AS TO THE USE OF RACE AS A FACTOR IN A HOLISTIC APPROACH IN COLLEGE AND UNIVERSITY ADMISSIONS POLICIES: THE BACK STORY AND PHASE ONE AFFIRMATIVE ACTION CASES
by: Diane Heckman, J.D.
1/4/2024
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