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Section: 2022 WELR Commentaries
THE INEQUITABLE “STATE REMEDY RULE” AND THE COURT OUTLIER: THE FIFTH CIRCUIT'S (AB)USE OF QUALIFIED IMMUNITY TO PROTECT SCHOOL OFFICIALS FROM STUDENT EXCESSIVE CORPORAL PUNISHMENT CLAIMS
by: Kevin P. Brady, Ph.D., Jennifer Sughrue, Ph.D., & M. David Alexander, Ed.D.
12/22/2022
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THE COMPETING APPROACHES FOR CALCULATING COMPENSATORY EDUCATION UNDER THE IDEA: THE NEXT UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
12/22/2022
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DO PARENTS HAVE A FUNDAMENTAL RIGHT TO KNOW ABOUT THEIR CHILD'S GENDER IDENTITY IN SCHOOL?
by: Maggie Paino, J.D. & Suzanne Eckes, J.D., Ph.D.
12/8/2022
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IDEA AT 45, ROWLEY AT 40, ENDREW F. AT 5: CURRENT GUIDELINES FOR PROVIDING A FAPE UNDER THE IDEA
by: Allan G. Osborne, Jr., Ed.D.
12/8/2022
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LEGAL AND MEDICAL PRINCIPLES FOR LEADING PUBLIC SCHOOLS THROUGHOUT THE COVID-19 PANDEMIC
by: Elisabeth Krimbill, Ed.D., Maureen Fox, J.D., M.S., Nathan C. Walker, Ed.D., M.Div. & George Morris, M.D.
11/24/2022
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STAY-PUT UNDER THE IDEA: THE LATEST UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
11/24/2022
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THE GOLDEN GLASS SNEAKER: TITLE IX AT 50 AND EXTRACURRICULAR ATHLETIC ACTIVITIES
by: Diane Heckman, J.D.
11/10/2022
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THE GOLDEN ANNIVERSARY OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972: A LOOK AT ITS APPLICATION TO EDUCATIONAL PROGRAMS GENERALLY, ALONG WITH THE MAJOR PLAYERS INVOLVED, ITS TOOLBOX, AND REMEDIES
by: Diane Heckman, J.D.
10/27/2022
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THE EDUCATIONAL MALPRACTICE DOCTRINE AS A DEFENSE AGAINST TUITION-REFUND LAWSUITS: TWO FEDERAL APPELLATE COURTS SAY NO
by: Richard Fossey, J.D., Ed.D. & Todd A. DeMitchell, Ed.D.
10/13/2022
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ESTABLISHING THE CONNECTION BETWEEN HOUSING STABILITY AND THE RIGHT TO ADEQUATE EDUCATION FOR AT-RISK STUDENTS IN A POST- MARTINEZ/YAZZIE WORLD
by: Deanna Creighton, M.Ed., M.S.L.
10/13/2022
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JUDICIAL RULINGS FOR TRANSITION SERVICES UNDER THE IDEA: AN UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
9/29/2022
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KENNEDY V. BREMERTON SCHOOL DISTRICT: FAREWELL TO THE ESTABLISHMENT CLAUSE
by: Martha M. McCarthy, Ph.D.
9/29/2022
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INDEPENDENT EDUCATIONAL EVALUATIONS AT PUBLIC EXPENSE UNDER THE IDEA: THE LATEST UPDATE
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
9/15/2022
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AN ANALYSIS OF THE U.S. SUPREME COURT'S DECISION IN KENNEDY V. BREMERTON SCHOOL DISTRICT: WHAT IS THE STATUS OF CHURCH-STATE LAW IN PUBLIC SCHOOLS AFTER KENNEDY?
by: John Dayton, J.D., Ed. D.
9/15/2022
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SHOW ME THE MONEY: DOES THE THIRD WAVE OF SCHOOL FINANCE LITIGATION AFFECT FUNDING AND STUDENT ACHIEVMENT?
by: Jason Kopanke, Ed.D.
9/1/2022
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ANOTHER SCHOOL MASSACRE, ANOTHER CALL TO ARM TEACHERS: RAISING THE CAUTION FLAG YET AGAIN. A POLICY DISCUSSION
by: Todd A. DeMitchell, Ed.D. & Christine C. Rath, Ed.D.
9/1/2022
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WHEN STUDENT SPEECH INVADES THE RIGHTS OF OTHERS: EXAMINING HOW CASE LAW, STATE STATUTE, AND SCHOOL DISTRICT POLICY RESTRICTING STUDENT SPEECH THAT IS DEEMED BULLYING WITHSTOOD THE CHALLENGE IN DOE V. HOPKINTON
by: Spencer C. Weiler, Brady Stimpson, & Amy Dagley
8/18/2022
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TITLE IX AND THE GUARANTEE OF “ONE FREE RAPE”: THE MEANING OF “ACTUAL KNOWLEDGE”
by: Kathleen Conn, Ph.D., J.D., LL.M.
8/18/2022
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IS AN IDEA-ELIGIBLE STUDENT ENTITLED TO BOTH AN IEP AND A 504 PLAN?
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
8/4/2022
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RESPECT FOR RELIGIOUS EXPRESSION IS INDISPENSABLE IN A FREE AND DIVERSE REPUBLIC: THE SUPREME COURT UPHOLDS PRAYER BY PUBLIC SCHOOL EMPLOYEES
by: Charles J. Russo, J.D., Ed.D. & William E. Thro, M.A., J.D.
8/4/2022
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OPENING PANDORA'S BOX: THE EXHAUSTING QUESTION OF WHETHER IT IS FAPE OR ACCESS
by: Allan G. Osborne, Jr., Ed.D.
7/21/2022
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TRENDS IN THE LEGAL ISSUES OF GIFTED EDUCATION
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
7/7/2022
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A LEGISLATIVE REVIEW OF THE INDIANA 21ST CENTURY SCHOLARS PROGRAM: POLICY IMPLICATIONS FOR HIGHER EDUCATION ACCESS AND COMPLETION
by: Michelle L. Ashcraft & Christine Kiracofe
7/7/2022
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DO THE SOCIETAL BENEFITS FROM ABILITY GROUPING IN SCHOOLS OUTWEIGH THE POTENTIAL DISCRIMINATORY EFFECT?: A REVIEW OF INTEGRATENYC
by: Hadley F. Bachman, Ph.D. Cand., Philip T. K. Daniel, J.D., Ed.D., Karen Stansberry Beard, Ph.D.
6/23/2022
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STATE EDUCATION AGENCIES AS DEFENDANTS UNDER FEDERAL DISABILITY LAWS: AN UPDATED COMPILATION OF THE COURT DECISIONS
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
6/23/2022
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THE POWER OF RESEARCH EVIDENCE USE IN TIMES OF CRISIS: HOW THE KLAASSEN V. INDIANA UNIVERSITY COURT USED EXTRA-LEGAL SOURCES TO GROUND LITIGANTS IN SOCIAL REALITIES
by: Raquel Muñiz, J.D., Ph.D. & Nate Hutcherson, M.S.Ed.
6/9/2022
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MICROAGGRESSION, PROFESSORIAL SPEECH, AND THE FIRST AMENDMENT
by: Kathleen Conn, Ph.D., J.D., LL.M.
6/9/2022
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WHICH PROGRESS INDICATORS DO COURTS USE IN APPLYING THE ENDREW F. SUBSTANTIVE STANDARD FOR FAPE UNDER THE IDEA?
by: Perry A. Zirkel, Ph.D., J.D., LL.M
5/26/2022
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A LEGAL UPDATE: WHEN SOCIAL MEDIA POSTS CAUSE STUDENTS EMOTIONAL HARM
by: Mollie McQuillan and Suzanne Eckes
5/26/2022
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RECLAIMING THE CONSTITUTIONALIST CREED ON CAMPUS: TRANSFORMING ACADEME'S ANTI-CONSTITUTIONALIST CULTURE
by: Elizabeth Kaufer Busch & William E. Thro
5/12/2022
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DISTRICT-INITATED DUE PROCESS DECISIONS UNDER THE IDEA: A FOLLOW-UP ANALYSIS
by: Perry A. Zirkel, Ph.D., J.D., LL.M
5/12/2022
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DISTRICT-INITATED DUE PROCESS HEARING DECISIONS UNDER THE IDEA: FREQUENCY AND OUTCOMES
by: Perry A. Zirkel, Ph.D., J.D., LL.M and Diane M. Holben, Ed.D.
4/28/2022
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SCHOOL FIELD TRIPS IN THE WAKE OF COVID-19
by: Charles J. Russo, J.D., Ed.D., David A. Dolph, Ph.D., Allan G. Osborne, Jr., Ed.D.
4/28/2022
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A MORAL PANIC, BANNING BOOKS, AND THE CONSTITUTION: THE RIGHT TO DIRECT THE UPBRINGING AND THE RIGHT TO RECEIVE INFORMATION IN A TIME OF INFLECTION+
by: Todd A. DeMitchell, Ed.D., Richard Fossey, J.D., Ed.D., & Terri A. DeMitchell, J.D., M.A., M.Ed.
4/14/2022
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SECTION 504/ADA GRIEVANCE PROCEDURE FOR SCHOOL DISTRICTS
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
4/14/2022
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THE “PEER-REVIEWED RESEARCH” PROVISION OF THE IDEA: A CURRENT COMPREHENSIVE SNAPSHOT
by: Perry A. Zirkel, Ph.D., J.D., LL.M
3/31/2022
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LIABILITY AVOIDANCE IN THE FACE OF A PANDEMIC
by: Spencer C. Weiler, Matthew Birnbaum, & Philip Westbrook
3/31/2022
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RUTH BADER GINSBURG'S LEGAL LEGACY: THE EQUAL PROTECTION CLAUSE AND WOMEN IN PUBLIC HIGHER EDUCATION INSTITUTIONS IN THE UNITED STATES
by: Charlotte Bingham & Christine Kiracofe
3/17/2022
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ACTIVE LIBERTY AND IN LOCO PARENTIS: JUSTICE STEPHEN BREYER AND MAHANOY AREA SCHOOL DISTRICT V. B.L.
by: Neil Dhingra, Pamela Catherine Callahan, & Joel Miller
3/17/2022
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CHALLENGING COLLEGE DISCIPLINARY OUTCOMES: CIRCUITS RECOGNIZING ERRONEOUS OUTCOME THEORY AS TITLE IX SEX DISCRIMINATION
by: Jeffrey Sun, J.D., Ph.D.
3/3/2022
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DOUBLE TROUBLE: BULLYING ON- AND OFF-CAMPUS, DOE V. HOPKINTON PUBLIC SCHOOLS
by: Kathleen Conn, Ph.D., J.D., LL.M.
2/17/2022
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SPEECH LANGUAGE PATHOLOGY UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
2/17/2022
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ESTRADA V. BECKER: DEFINING “LEGAL PRESENCE” AND IMPLICATIONS FOR DACA STUDENTS
by: David Hoa Khoa Nguyen, J.D., Ph.D., Ronald Cunningham, M.S.Ed., & Tevin Byers, M.A.
2/3/2022
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OUTCOMES TRENDS IN STATE COMPLAINT PROCEDURES DECISIONS UNDER THE IDEA
by: Perry A. Zirkel, Alyssa I. Fairbanks, & Natalie E. Jones
2/3/2022
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CHALLENGES BASED ON LACK OF SUFFICIENT SPECIALIZED TRAINING OF SPECIAL EDUCATION TEACHERS UNDER THE IDEA
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
1/20/2022
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INCREASING TEACHERS' LEGAL LITERACY TO IMPROVE EDUCATIONAL EQUITY FOR ENGLISH LEARNERS
by: Emma G. Everson, Ph.D. and Janet R. Decker, J.D., Ph.D.
1/20/2022
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CHALLENGES BASED ON LACK OF TEACHER LICENSING QUALIFICATIONS UNDER THE IDEA
by: Perry A. Zirkel, Ph.D., J.D., LL.M.
1/6/2022
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SERVICE ANIMALS IN THE HIGHER EDUCATION ENVIRONMENT: HOW THE LAW GUIDES INSTITUTIONS IN SUPPORTING DISABLED STUDENT HANDLERS
by: Ryan McCombs & Christine Kiracofe
1/6/2022
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