The first is the legal avenue for students/consumers of the higher education system to pursue when there are perceived deficiencies in an educational outcome.
The first is the legal avenue for students/consumers of the higher education system to pursue when there are perceived deficiencies in an educational outcome. The other is our increased population of undocumented students in higher education. To begin with, it is the suing of universities and colleges over not delivering the educational experience. Another is working with undocumented students attending our universities and the laws in place that affect their educational pursuits.
The legal issue facing higher education is the need for accountability and the student as the product’s consumer. Higher education is facing demands to ensure employment upon graduation, to improve teaching, and to provide research opportunities. When those products are unmet, the student can seek that accountability through the courts. Diver (2020) writes that there is a collaborative relationship between the institution and the student. The legal issues driving this relationship are consumer protection law (Diver, 2020). Universities are being drawn into possible legal challenges involving accountability to the student for a quality and employable education. Observing how universities react to legal obstacles and what lies ahead for institutions under judicial examination and supervision will be intriguing.
The legal conundrum that has been created in our higher educational landscape for undocumented students. Zelideh and Nguyen, 2021 studied undocumented students’ navigation of federal, state, and institutional policies that can affect the student’s access to higher education. The issues stem from federal immigration reform. Our undocumented student population is increasing, and there are more than “65,000” undocumented students graduating from our high schools each year (Zelideh & Nguyen, 2021). Without reform in our federal immigration laws, we will continue to see our undocumented students struggle to attend higher education institutions. The legal challenges facing undocumented students can be seen in the inability to have an undocumented student paid for research being done by them as a student worker.
Both are important to me due to my role as the Dean of Students and my daily proximity to the student’s issues and concerns.
Jennifer
Diver, A. (2020). Invitation to trusteeship rather than treat? higher education, human rights and student litigation: A response to Fulford (2020). Higher Education Quarterly, 75(1), 22–34. httpLinks to an external site.s://doi.org/10.1111/hequ.12260
Martinez Hoy, Z. R., & Nguyen, D. H. K. (2021). Higher Education Professionals Navigating Anti-Immigration Policy for Undocumented Students. Educational Policy, 35(7), 1163-1190. https://doi.org/10.1177/0895904819857823
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