Education Commons^™

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Investigating The Relationship Between Politics And Education, Alaina M. Winrow

Honors Theses and Capstones

This paper looks into how politics plays a role in the public K-12 education system in the United States, specifically looking at the state of New Hampshire. Federal, state, and local governments provide important resources through funding to schools and create the laws that govern them. However, educational politics can be controversial at times. Within the past several years, there have been more tense school board meetings and divisive laws being passed or considered around the nation. Overall, the divisive political climate has influenced much of the discussion surrounding education and has created more stress for educators, administrators, school staff, …

Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi

Journal of Media Literacy Education

In the digital age, diverse walks of human life have reconfigured profoundly. In the Moroccan society, digitalisation plans and the skyrocketing numbers of internet users necessitate coping literacy policies. While several community initiatives have been taken to improve the quality of media literacy, they, as bottom-up efforts, cannot suffice to meet the needs of the whole Moroccan population. Rather, the absence of a central, nationwide, cross-sectoral media literacy policy significantly challenges the effective coordination of official strategies and community initiatives in media education. This article investigates current practices in media literacy in Morocco. Using document analysis, it delves into data …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

Popular Media

Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.

A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener

Senior Theses

The ideology behind private school choice endures in South Carolina. Arguments for parental choice have resurfaced periodically throughout the state’s history, particularly in moments of “crisis.” The current “crisis” moment is the COVID-19 pandemic, which created a perfect storm for the private school choice movement to gain momentum. When Governor McMaster received South Carolina’s emergency education relief funds, he capitalized on this movement with his proposed SAFE Grants program. His intention was for the SAFE Grants program to provide support through one-time tuition grants to low-income families who have children in private schools. Governor McMaster’s announcement incited an overwhelming media …

Raw And Pure Education In The Society, Iwasan D. Kejawa Ed.D

Department of Educational Administration: Dissertations, Theses, and Student Research

What does education mean to individuals in the world today? Education is a way one can attain or improve his or her ability to lead and survive in the society of ours. Without educational training of the mind, it may be impossible to realize the importance of adaptability of living in the environment. Without education, It may also be difficult to embellish the use of both the mental and physical attributes possessed by individual beings.

What really is education? Education is the training of the mind to perform desire functions or to perpetuate the modality of obtaining an end or …

Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman

BYU Education & Law Journal

Our Nation overwhelmingly supports sexual education in public

schools. A study by Siecus found that 98% of people surveyed support

sexual education in public high schools and 89% in public middle

schools. Unfortunately for some students, they will receive no sexual

education of very limited, ineffective sexual education, simply because

of where they live. Even if a student is fortunate to live in an

area which has or requires sexual education, this education may be

insufficient.

There have been countless advocates for sexual education.

With the rise of each new sexual education concern, advocates emerge

as if in waves. Most …

Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook

BYU Education & Law Journal

The topic of this legal analysis is the administration of medical

marijuana to students attending Colorado K-12 public schools.

Colorado has been a pioneer in legalizing the use of marijuana. Beginning

in the year 2000, Colorado voters approved Amendment 20

legalizing the use of marijuana for medical purposes. This law specifically

allows minors to receive a prescription for medical marijuana

under certain conditions. An unintended consequence of this law

is that minors meeting its requirements are requesting, along with

their caregivers and physicians, to have marijuana-based medication

administered to them at schools. The purpose of this legal analysis

is to …

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review SUpra

No abstract provided.

Connecticut Pre-K Policy, Parental Choice, And The Trinity College Community Child Center, Manny Rodriguez

Senior Theses and Projects

Traditional public schools in Connecticut have been pushed out by newer options since the landmark Sheff vs. O’Neill decision, which called for the development of magnet schools. The influx of magnet schools to Connecticut has caused traditional preschools like the Trinity College Community Child Center (TC4) to experience more competition and lose potential enrollees and revenue. For this project, I sought to discover how the growth of magnet pre-k programs has influenced how families choose schools for their 3-to-5-year-old children. I analyzed data from the Connecticut Office of Early Childhood, the Connecticut State Department of Education and conducted 10 semi-structured …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Discipline Or Destiny: A School-To-Prison Pipeline Story, Trayonna Hendricks, Kourtney Webb

Capstones

The school-to-prison pipeline is a phenomenon by which students, mainly students of color, are pushed out of schools and into juvenile detention centers and through the criminal justice system. This documentary series explains and displays what "the school-to-prison pipeline looks like through a personal story.

https://readymag.com/u1985351703/1646028/

No Habla Español: Are Monolingual Teachers Getting The Support They Need?, Natalie Correa

Capstone Projects and Master's Theses

For this Capstone Project, the researchers investigated how monolingual teachers view the support and resources they received to teach English Language Learners (ELL) and what they thought could be done to improve their teaching effectiveness. An evidence based argument is offered that monolingual teachers were not being provided with effective support and resources. More specifically, three themes emerged from an analysis of the data obtained from interviews of monolingual teachers and administrators. Based on the emergent themes, an action was undertaken to help monolingual teachers better address the needs of ELLs. This is an important issue for monolingual teachers because …

Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala

Northwestern Journal of Law & Social Policy

In its 1982 opinion in Plyler v. Doe, the Supreme Court held that a state could not deny undocumented children living within its borders a public and free K-12 education. This Note argues that Plyler’s protections extend to publicly-funded early childhood education programs that serve children between the ages of three and five. Due to the broad support of researchers, educators, and the general public, early childhood education programs funded by local, state, and the federal governments have become an integral part of a comprehensive public education today. While these early childhood education programs are nominally open to all students …

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers

Mitchell Hamline Law Review

No abstract provided.

"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler

Scripps Senior Theses

In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

Nurturing Filipino Creativity: Philippine Education Policies In Support Of The Creative Industries, Glorife Samodio

Center for Business Research and Development

The future of the creative industries shows much promise in the Philippines. According to the United Nations Conference on Trade and Development (UNCTAD), the creative industries more than doubled its size from 2003 to 2012 (UNCTAD, 2016). Thus, its development is now carefully monitored, and programs are being created by different government agencies, with the goal of making the Philippines competitive in the creative field versus other countries in the region.

Despite the continuous growth of the sector, the expected increase in financial outcomes is quite low as the creative industries in the Philippines and Southeast Asia do not seem …

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Nicole Stelle Garnett

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …

Positive Education Federalism: The Promise Of Equality After The Every Student Succeeds Act, Christian Sundquist

Articles

This Article examines the nature of the federal role in public education following the recent passage of the Every Student Succeeds Act in December 2015 (“ESSA”). Public education was largely unregulated for much of our Nation’s history, with the federal government deferring to states’ traditional “police powers” despite the de jure entrenchment of racial and class-based inequalities. A nascent policy of education federalism finally took root following the Brown v. Board decision and the enactment of the Elementary and Secondary School Act (“ESEA”) with the explicit purpose of eradicating such educational inequality.

This timely Article argues that current federal education …

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn