The Implications of the Use of Parental Choice as a Legal “Circuit Breaker”

Mead, Julie F.; Lewis, Maria M.

doi:10.3102/0002831215613561

Cited by 8 publications

(8 citation statements)

References 12 publications

(11 reference statements)

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“…This article employs legal research methodology (Eckes & McCall, 2014;Mead & Lewis, 2016;McCarthy, 2010McCarthy, , 2016Russo, 2015) to illuminate the breadth of the law affecting LGBTQ issues. More specifically, this article examines the U.S. Constitution, relevant state and federal statutes and their corresponding regulations.…”

Section: Methodsmentioning

confidence: 99%

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Using Education Law as a Tool to Empower Social Justice Leaders to Promote LGBTQ Inclusion

Lewis

Kern

2018

Educational Administration Quarterly

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A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school district leader's ability to promote LGBTQ inclusion. Through an examination LGBTQ issues, this article will explore the relationship between various sources of legal authority and the role of law in policy implementation. Method: This article employs legal research methodology to illuminate the breadth of the law affecting LGBTQ issues in schools. Findings: The impact of law on education policy and practice is far-reaching and complex. LGBTQ law is composed of many intersecting sources of legal authority. This article argues that legal literacy is more than a tool that can be used to avoid legal liability; it can be used as a proactive advocacy tool to promote social justice and LGBTQ inclusion. Implications: Educational leaders, researchers, and leadership preparation programs need to be aware of the ways in which the law can hinder or support social justice leadership. As such, this article includes implications for research, policy, practice, and leadership preparation.

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Section: Methodsmentioning

confidence: 99%

“…The law answers the “May We?” and “Must We?” questions, while the “Should We?” questions are best left to policy makers, including on-the-ground policy makers such as building- and district-level administrators (Mead, 2009; Mead & Lewis, 2016). For example, must we allow a GSA if we allow other student groups?…”

Section: Frameworkmentioning

confidence: 99%

Using Education Law as a Tool to Empower Social Justice Leaders to Promote LGBTQ Inclusion

Lewis

Kern

2018

Educational Administration Quarterly

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“…Or may we provide accommodations to transgender students without violating the privacy rights of cisgender students? Within the bounds of this discretion and in the absence of legal clarity, as is the case for transgender student inclusion, school districts must answer “Should We?” (Lewis & Kern, 2018; Mead, 2009; Mead & Lewis, 2016), specifically, should we promote trans-inclusive policies and practices in schools? This study explores the “Should We?” question through a review of legal documents submitted to the Supreme Court by third parties.…”

Section: Introductionmentioning

confidence: 99%

Storytelling, Leadership, and the Law: Using Amicus Briefs to Understand the Impact of School District Policies and Practices Related to Transgender Student Inclusion

Lewis

Eckes

2019

Educational Administration Quarterly

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Purpose: In 2017, the U.S. Supreme Court agreed to hear a highly publicized case brought by a transgender student, G.G., who was denied access to the bathroom that corresponds with his gender identity. Ultimately, the Court never heard this case, but the documents submitted to the Court remain a part of the historical record, worthy of examination beyond their legal value. In this study, we analyze the first person accounts presented in the “friend of the court” (amicus) briefs to better understand the human impact of policies and practices related to transgender student inclusion. Method: This research utilizes legal research methods to bound the study design. We draw from legal storytelling, which originates in law, and narrative inquiry, which can be found in educational research. In doing so, we provide a synthesis of all amicus briefs submitted in the G.G. case that include personal, firsthand accounts, stories, and experiences. Findings: Overall, the personal stories highlight the implications of inclusive and noninclusive policies and practices. Where noninclusive policies were in place, individuals shared experiences of bullying, academic harm, medical concerns, and inconsistencies in implementation. On the other hand, inclusive policies were associated with confidence building and academic engagement, and a benefit to all students. Stories also reveal that common fears such as safety or privacy did not materialize in the experiences of individuals represented in the briefs. Implications: Informed by these stories, we present implications for research, policy, and practice. Stories reveal the importance of leadership, communication, and professional development.

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“…Legal inquiry involves examination of primary sources in the form of cases, statutes, or regulations -all sources of law. Assessment of primary sources allows for researchers to examine court or legislative reasoning in reaching a particular outcome (Mead & Lewis, 2016). Secondary sources can also be considered and these include prior scholarship, such as law reviews or treatises (Mead & Lewis, 2016).…”

Section: Methods and Conceptual Frameworkmentioning

confidence: 99%

“…10-11;Leal et al, 1996) to mine sources. Such tools are available using databases, such as Westlaw and Lexis (Mead & Lewis, 2016), which are similar to databases social scientists use to access relevant research (e.g., ProQuest). Sources can be identified and coded based on legal theories, fact patterns, or results.…”

Section: Methods and Conceptual Frameworkmentioning

confidence: 99%

Moving forward while looking back: Lessons learned from teacher evaluation litigation concerning Value-Added Models (VAMs)

Paige

2020

EPAA

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The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in evaluation policy. While VAMs may be declining in use, several states require or permit them, making the continued assessment relevant. Moreover, given that VAMs were at the center of numerous high-profile lawsuits, assessing litigation outcomes in the context of ESSA is a useful exercise, particularly for jurisdictions that may use (or contemplate their use) of VAMs. Toward this end, this paper applies legal research methods and a law and policy framework to review lawsuits concerning VAMs to distill key principles for state and local policymakers.

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The Implications of the Use of Parental Choice as a Legal “Circuit Breaker”

Cited by 8 publications

References 12 publications

Using Education Law as a Tool to Empower Social Justice Leaders to Promote LGBTQ Inclusion

Using Education Law as a Tool to Empower Social Justice Leaders to Promote LGBTQ Inclusion

Storytelling, Leadership, and the Law: Using Amicus Briefs to Understand the Impact of School District Policies and Practices Related to Transgender Student Inclusion

Moving forward while looking back: Lessons learned from teacher evaluation litigation concerning Value-Added Models (VAMs)

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