Not Second-Class: Title IX, Equity, and Girls’ High School Sports

Title IX is designed to protect students from discrimination based on sex in any educational institution that receives financial assistance. This article focuses on Title IX as it applies to high school athletic programs by considering the trial of a high school district in California. A federal court found considerable inequalities between boys and girls athletic teams in the district. While this case may not be representative of a majority of school districts, it does provide guidance to ensure compliance

Supporting New School Leaders Through Mentoring

Mentoring may best be defined as “a process where one person provides individual support and challenge to another professional (Bush, 2009, p.379). The importance of mentoring new teachers and administrators has long been recognized. For example, since 2000 more than half of the states have passed laws requiring mentoring of new principals (Daresh, 2004; Spiro, Mattis, & Mitgang 2007). Most of these laws have required mentoring in the first two years of practice. Grissom & Harrington (2010) found under the mentorship model, a more experienced principal mentor provides the support, guidance, advice and sounding board as the new principal becomes acclimated to the position

Educator Sexual Misconduct and Nondisclosure Agreements: Policy Guidance from Missouri\u27s \u3ci\u3eAmy Hestir Student Protection Act\u3c/i\u3e

Allegations of sexual misconduct may prompt districts to enter into non-disclosure or settlement agreements with alleged perpetrators in exchange for a recommendation. Non-disclosure settlements typically limit how much information districts can share with other districts. This process, often referred to as passing the trash, can be particularly troublesome. Missouri\u27s Amy Hestir Student Protection Act provides policy guidance regarding non-disclosure agreements when allegations of educator sexual misconduct arise

Changing Times in School Law - Introduction

As 2012 came to a close, the re-election of President Obama assures the continuation of state waivers to No Child Left Behind (NCLB), the use of student growth modeling to make teacher and administrator employment decisions, and more accountability measures for PK-12 public schools and public and private institutions of higher education. The inexplicable school shootings at Sandy Hook Elementary in Newtown, Connecticut, once again opened the political discussion about school safety. The reauthorization of Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) looms on the horizon. The U.S. Supreme Court has once again ventured into the divisive affirmative action and university admissions debate by choosing to rule in Fisher v. University of Texas. These events, and many others, pose difficulties for secondary schools and institutions of higher education. This special issue of The Clearing House focuses on the many changes that have occurred recently in school law

Title IX Violations Arising from Title IX Investigations: The Snake is Eating its Own Tail

In 2011, the Department of Education Office of Civil Rights published a Dear Colleague Letter (DCL) detailing the department’s views on the roles and responsibilities of colleges and universities under Title IX specifically as they relate to allegations of sexual assault. Numerous studies conclude that close to 1 in 5 college women are sexually assaulted while enrolled in institutions of higher education. Many of these studies are flawed yet they are being used as the justification for administrative overreach. Despite not having the legal authority, the DCL changed the legal standard to be applied when conducting sexual assault investigations from the clear and convincing to the preponderance of the evidence standard, and threatened to withhold federal funds if immediate and effective steps were not taken to end sexual assaults on college campuses. This pressure from the OCR resulted in an overly broad approach where the rights of the accused are being routinely ignored. Over the last couple of years, dozens of cases have been brought by expelled or suspended students claiming that school officials committed Title IX and due process violations during their respective Title IX investigations. Some have also successfully pursued claims for breach of contract. This paper examines the prevalence of sexual assaults on college campuses and is critical of published reports as being overly inclusive. It reviews early cases, which were typically dismissed under both the selective enforcement and erroneous outcome prongs, and later cases where courts found that school officials acted improperly and violated the rights of the accused. Sexual assault on college campuses is a serious problem and all allegation should be investigated promptly, but not at the expense of due process. Policy and practice recommendations are included

Evolving Legal Issues in Education: Introduction to the Special Edition

The articles in this edition of The Clearing House include some of the challenges currently facing public schools and institutions of higher education. Restrooms have become a bio-political battleground attempting to bring order and equilibrium to what is maleness, and what is femaleness. The rights of transgender students have brought disequilibrium to traditional gender mapping in public places. R. Stewart Mayers tells the story of GG v. Gloucester County School Board in his analysis of Title IX arguments. Paul Watkins and Edward Moreno review the challenges school districts face when transgender students request access to restrooms facilities that correspond to their gender identity

Dating Violence, Don\u27t Ignore It!

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying; therefore, they may be well positioned to identify and address the problem of teen dating violence. Unfortunately, school district failure to take action is far too common, despite the statutory duty to ensure the safety of all students during school hours and at school sponsored events. School districts can be held liable for student dating violence under Title IX, under 42 U.S.C. §1983 and under Tort liability

Adolescent Dating Violence: How Should Schools Respond?

Educational leaders have a substantial degree of control over students and generally have a tremendous influence on the decisions that they make. District administrators are already involved in comprehensive efforts to stem sexual harassment, teen violence and bullying, therefore, they may be well positioned to identify and address the problem of teen dating violence. Unfortunately, school district failure to take action is far too common, despite the statutory duty to ensure the safety of all students during school hours and at school sponsored events. School districts can be held liable for student dating violence under Title IX, under 42 U.S.C. §1983 and under Tort liability

Queer Youth and the Culture Wars: From Classroom to Courtroom in Australia, Canada and the United States

This article builds on Lugg\u27s (2006) discussion of surveillance in public schools and how queer youth are resisting schools\u27 current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities are discussed. The number of cases in the past five years has increased significantly and the courts are siding with the youth and their allies, demonstrating that queer youth are significantly impacting the dismantling of heteronormative regulatory regimes and improving the school experiences for themselves and queer adults