In a significant development just as the No Child Left Behind Act is turning 6 years old this week, a federal appeals court has revived a major lawsuit challenging the federal education law as an unfunded mandate. The opinion by the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, is here. Education Week reported in 2005 on a federal district judge dismissing the suit, which is backed by the National Education Association. I'll have more on the 6th Circuit decision soon....


In this week's "Law & Courts" column in Education Week, I explored a couple of recent court rulings about what I thought was an interesting question: Do students have a due-process right to confront the witnesses against them in school disciplinary cases? As I discussed in the column, two courts in New Mexico and Illinois answered "no." As it turns out, most courts that have confronted the issue (no pun intended) have also ruled against students, citing such things as the complexity such a right would add at the school disciplinary level, the potential effect on whether students would be willing ...


This is a new Education Week blog on legal issues in education. I have covered school law for the newspaper for more than 15 years. After a few years off the beat, I returned last spring, just in time for the U.S. Supreme Court to finish one of its most significant terms for K-12 education in a generation. (See a summary of the cases from the 2006-07 term, which is embedded in this story about the decision in one of them, the "Bong Hits 4 Jesus" student speech case.) My plan for this blog is to be newsy, with ...


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