Dual Enrollment Programs: Litigation and Equity

Abstract

Policymakers and practitioners are increasingly guiding K-12 students into dual enrollment programs. Dual enrollment programs have aided in improving the academic, occupational, and social trajectories of minoritized students although the gains of minoritized students in dual enrollment programs often trail the gains of White students in dual enrollment programs. The research on the legal risk of dual enrollment programs for primary/secondary and postsecondary institutions is scant. The article evaluates whether school districts and/or postsecondary institutions may experience increased risk of litigation arising from the negligent protection of minors on postsecondary campuses. This article uses legal research methods to provide scenarios when harm to minor visitors to college campuses has resulted in judgments against postsecondary institutions. The article provides guidance—based on current legal precedent—for the avoidance of legal liability for school districts and postsecondary institutions participating in dual enrollment programs.