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Articles 1 - 30 of 70
Full-Text Articles in Education
The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett
The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett
Arkansas Law Review
In the United States, debates about private and faith-based education tend to focus on questions about government funding: which kinds of schools should the government fund (and at what levels)? Should, for example, students be able to use public funds to attend privately operated schools? Faith-based schools? If so, what policy mechanisms should be used to fund private schools—vouchers, tax credits, direct transfer payments? How much funding should these schools receive? The same amount as public schools or less? As a historical matter, the focus on funding in the United States makes sense because only public (that is, government-operated) elementary …
Rethinking Constitutionality In Education Rights Cases, Joshua E. Weishart
Rethinking Constitutionality In Education Rights Cases, Joshua E. Weishart
Arkansas Law Review
Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching judges, closing schools, stripping courts of jurisdiction, and holding legislators in contempt. Despite all the bluster, judges and legislators both anxiously await the curtain call, when they can bow out and terminate the matter. In the end, what passes for constitutionality in the successful cases is a school funding scheme judged “reasonably likely” or “reasonably calculated” to achieve an adequate or equitable education—as opposed to …
In The Room Where It Happens: Including The “Public’S Will” In Judicial Review Of Agency Action, Twinette L. Johnson
In The Room Where It Happens: Including The “Public’S Will” In Judicial Review Of Agency Action, Twinette L. Johnson
Arkansas Law Review
In the context of higher education reform, the people need to be in the important rooms where the decisions are being made. One such room is the courtroom. This essay elaborates on this premise, previously written about in an article I wrote entitled, 50,000 Voices Can’t Be Wrong, But Courts Might Be: How Chevron’s Existence Contributes to Retrenching the Higher Education Act. That article was the second in a series of three articles on the retrenchment of the Higher Education Act of 1965 (“HEA”) using the William Eskridge and John Ferejohn statutory entrenchment model.
Enforcing The Right To Public Education, Areto A. Imoukhuede
Enforcing The Right To Public Education, Areto A. Imoukhuede
Arkansas Law Review
This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.
Charter Schools, Academy Schools, And Related-Party Transactions: Same Scams, Different Countries, Preston C. Green Iii, Chelsea E. Connery
Charter Schools, Academy Schools, And Related-Party Transactions: Same Scams, Different Countries, Preston C. Green Iii, Chelsea E. Connery
Arkansas Law Review
In the course of the last quarter century, governmental entities in both the United States and England have sought to encourage educational innovation by creating publicly funded schools that are independent from many of the rules that apply to locally controlled schools. These schools are called charter schools in the United States and academy schools (academies) in England. Private companies run a high percentage of these charter schools and academies. In the United States, these companies are commonly referred to as educational management organizations (EMOs). In England, these organizations are called academy trusts (ATs).
Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr.
Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr.
Arkansas Law Review
Charter school success or failure is not simply a matter of chance. Both the existence and aggregate quality of charter schools in a state depend on the provisions of state charter school laws. These laws address a wide range of issues and vary from state to state. But the experiences of states with significant charter sectors, as well as those with innovative charter policies, provide important lessons for the charter school movement as a whole.
Perversity As Rationality In Teacher Evaluation, Scott R. Bauries
Perversity As Rationality In Teacher Evaluation, Scott R. Bauries
Arkansas Law Review
Rational basis review is broken. Consider a vignette: Imagine a student, Lisa, who is about to graduate high school. Lisa has already completed all of the graduation course requirements early and is spending her time during her senior year taking interesting electives and dual-enrollment college courses. The state has a statute that requires school districts to deny a diploma to any student “who, during the final year of school attendance, fails to achieve a passing score on the state-approved, end-of-course exams in the courses of Language Arts, Mathematics, Science, and Social Studies in which that student is then-currently enrolled.”
Breaking The Norm Of School Reform, Derek W. Black
Breaking The Norm Of School Reform, Derek W. Black
Arkansas Law Review
Major school improvement efforts have failed in recent decades for two reasons. First, the endless pursuit of reform for reform’s sake over the last few years undermines school improvement.1 Second, we have abandoned or, at least, lost our focus on the fundamental educational goals that animated education policy decades—and sometimes centuries—ago. Those goals, while never fully attained, have always sought to move us to a more just system of public education. By losing that focus, our education systems remain wedded to practical norms that consistently undermine equal and adequate educational opportunities.
The State Of Education Reform, Danielle Weatherby
The State Of Education Reform, Danielle Weatherby
Arkansas Law Review
From the earliest days of the common school to the present struggle to meet the needs of an increasingly diverse population, the country has expected that education will equip citizens for economic survival and growth; prepare them for an increasingly global marketplace; strengthen the bonds among people from different racial, ethnic, cultural, and social class groups; and sustain the nation’s democratic institutions. If schools are to do their part in contributing to fulfilling these goals, they need to be extraordinarily resilient and resourceful, and they need to be open to change.
Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter
Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
This brief examines teacher salaries in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine how teacher salaries compare to the nation and surrounding states. Further analyses examine differences in teacher salary within and between the regions of Arkansas. We identify the district factors most related to and make recommendations for utilizing this information.
School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
This brief examines school discipline practices and outcomes in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine state-wide discipline trends, summarize the analysis on school-level data demonstrating disparities in student discipline, and make recommendations for utilizing this information.
2015 Legislative Summary, Sarah C. Mckenzie, Gary W. Ritter
2015 Legislative Summary, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
The 90th General Assembly opened its Regular Session on January 12 and recessed on April 9. Meetings of the House and Senate education committees were usually standing room only for discussions of a broad range of bills on early childhood, K-12, and higher education issues. The purpose of this policy brief is to review the K-12 bills that garnered the most attention and have been signed into law by firstterm Governor Asa Hutchinson. These highlights are organized into several categories as shown in This Brief
Grading Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Grading Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Report Cards for Arkansas schools released by the Arkansas Department of Education contain valuable information for stakeholders. As in past years, the report cards outline student demographics and academic achievement, as well as rates of attendance, graduation, dropout, grade inflation and college remediation. Report cards also contain information on teacher quality and school environment indicators. There are a few new pieces of information provided this year, specifically a school rating which assigns a letter grade to schools.
Broadband Access In Arkansas Schools, Sarah C. Mckenzie, Gary W. Ritter
Broadband Access In Arkansas Schools, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
With the computer-based Partnership for Assessment of Readiness for College and Career (PARCC) test, the Arkansas Digital Learning Act, and Governor Hutchinson’s efforts to increase participation in computer science courses, the Arkansas Legislature is discussing actions to take in order to close the “digital divide” in the state. This brief will explore the technological requirements of providing the recommended bandwidth to schools, the barriers to the provision of that service, and potential steps for the Arkansas Department of Education to take in order to ensure that every Arkansas student has fast, consistent access to the Internet to support their learning.
Creation Of The Achievement School District: House Bill 1733, Sarah C. Mckenzie, Gary W. Ritter
Creation Of The Achievement School District: House Bill 1733, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Education leaders throughout the country are working to identify successful strategies for turning persistently low performing schools into successful schools. One strategy undertaken in Louisiana, Michigan, and Tennessee is the creation of a unique school district for the most academically distressed schools. In this brief, we review the programs in other states and examine House Bill 1733, which proposes the creation of such a district in Arkansas for schools or districts in academic distress
The Waivers Sought By Arkansas Charters: Should They Be Extended To All?, Sarah C. Mckenzie, Gary W. Ritter
The Waivers Sought By Arkansas Charters: Should They Be Extended To All?, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Should traditional public school districts be allowed to use the same waivers as nearby charter schools? Perhaps the flexibility afforded to charters might be helpful for all schools by allowing them to become nimble, responsive organizations, less governed by inertia and more guided by innovation. House Bill 1377 proposes such an extension of waivers. In this brief, we examine the most common waivers that charter schools request to assess what types of waivers could be available to traditional public schools if House Bill 1377 were signed into law.
Impacts Of Public School Choice Act Of 2013, Sarah C. Mckenzie, Gary W. Ritter
Impacts Of Public School Choice Act Of 2013, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
The Public School Choice Act of 2013 (Act 1227) allows students to transfer to a nonresident district. Previous school choice law restrictions based on race, were removed in the new law. As a result, concerns have been raised about the possible negative impacts of choice on districts’ racial balance. This brief addresses these concerns by examining the impact of the Public School Choice Act of 2013 on district enrollment and racial integration.
Quality Counts 2015, Sarah C. Mckenzie, Gary W. Ritter
Quality Counts 2015, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 19 th annual report - Quality Counts 2015 - was released in January. Overall, Arkansas received an grade of C– and was ranked 36th among the 50 states. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.
Transportation Funding In Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Transportation Funding In Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
In a report to the Arkansas Joint Senate and House Education Committee meeting in September 2014, Picus Odden & Associates recommended that the Legislature change the state’s transportation funding system. Currently, transportation funding is distributed from the state to districts on a per pupil basis as a part of the unrestricted foundation formula. In doing so, the system does not account for the variation in costs of transportation for districts across the state; therefore, Picus Odden & Associates recommended that the state’s transportation funding structure be changed. The purpose of this policy brief is to highlight transportation funding in Arkansas …
National And State Research On Pre-Kindergarten, Sarah C. Mckenzie, Gary W. Ritter
National And State Research On Pre-Kindergarten, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Across the nation, over 1.3 million threeand four-year olds attend state funded pre-K programs in 40 states (and Washington D.C.).1 In Arkansas, over 25,000 three- and four-year olds are enrolled in state-funded programs. Since 2008, approximately $111 million a year of state funding has been spent on preKindergarten in Arkansas. 2 In the 2014 election season, the topic of pre-K and state funding for pre-K has been debated in a number of state races, including Arkansas. Therefore, the purpose of this policy brief is to describe pre-K in Arkansas and summarize the existing research examining the impact of pre-K.
Charter School Facilities Funding, Sarah C. Mckenzie, Gary W. Ritter
Charter School Facilities Funding, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
The equity and adequacy of facilities funding for charter schools (as well as traditional public schools (TPS)) is a topic of hot debate in Arkansas and across the country. Proponents of charters argue that charter schools are burdened due to a lack of facilities funding. Other argue that there are great needs in our TPS districts as well, and that these needs should be met first. This brief describes what facilities funding is currently available to charter schools in Arkansas and what other states are doing that we could possibly leverage here in the Natural State.
Next Generation Science Standards, Sarah C. Mckenzie, Gary W. Ritter
Next Generation Science Standards, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
This policy brief provides an overview of the Next Generation Science Standards (NGSS), voluntary state science standards that are intended to improve the quality of science instruction in the U.S. The brief discusses the history of science standards, the development of the NGSS and its current status, arguments for and against the standards, and the status of the NGSS in Arkansas.
Schools Of Innovation, Sarah C. Mckenzie, Gary W. Ritter
Schools Of Innovation, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Act 601, passed in April 2013, allows for schools to apply to become “schools of innovation.” Accepted schools receive flexibility from certain regulations in order to facilitate the use of innovative approaches to teaching and learning. In this policy brief, we discuss the history of Act 601, similar models in other states and their results, the application and approval process, the 2014-15 schools of innovation, and the role of the Office of Innovation for Education in supporting schools of innovation.
2013-14 Arkansas Test Results, Sarah C. Mckenzie, Gary W. Ritter
2013-14 Arkansas Test Results, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
In late July, the Arkansas Department of Education (ADE) released the 2013- 14 test score results. The following brief highlights the results of these tests, compares achievement scores over time, and provides a glimpse of regional achievement results for the following exams: Benchmark Exam (Grades 3-8) End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy). Iowa Test of Basic Skills (Grades 1-9)
Career Readiness: Arkansas And Beyond, Sarah C. Mckenzie, Gary W. Ritter
Career Readiness: Arkansas And Beyond, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
This policy brief explores how career and technical education is being approached in Arkansas and elsewhere. New career and college readiness initiatives have been undertaken in a variety of settings, including the academy model that is highlighted in this brief. Additionally, the brief will explore career readiness from an international and national perspective and discuss the rationale for why career readiness matters for a considerable number of students in the public schools and workforce development programs across Arkansas.
Early College High School, Sarah C. Mckenzie, Gary W. Ritter
Early College High School, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
In the past decade, there has been a growing trend of offering opportunities to high school students to earn college credit. These opportunities have come in many forms: Advanced Placement (AP) courses, International Baccalaureate (IB) courses, dual enrollment, and concurrent enrollment. Early college high schools have developed in the wake of this trend. This policy brief examines Early College High Schools, small schools designed to enable students to earn both a high school diploma and an Associate’s degree or up to two years of college credit, tuition free.
New Tech Network In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
New Tech Network In Arkansas, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
The New Tech Network high school model is a component of Governor Beebe’s 2011 STEM Works Initiative and currently operating in several Arkansas high schools. This policy brief examines the New Tech model, including both its successes and challenges, and spotlights two Arkansas high schools that are using the model.
East Initiative, Sarah C. Mckenzie, Gary W. Ritter
East Initiative, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
EAST (Environmental and Spatial Technology) is an educational program developed through the vision of one Arkansas educator in 1996. Since then, EAST programs have been implemented throughout Arkansas and have even expanded into other states. This policy brief describes the EAST model and provides spotlights on schools that are using the model in exemplary ways.
Meet The Candidates: 2014 Arkansas Gubernatorial Race, Sarah C. Mckenzie, Gary W. Ritter
Meet The Candidates: 2014 Arkansas Gubernatorial Race, Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
Earlier this spring, we at the OEP were fortunate to sit down with three of the candidates vying to become the next Governor of Arkansas. The candidates were generous enough to give us their time and allow us to post the full interviews on YouTube. If you prefer an abridged version, this policy brief summarizes the candidates’ views on a range of important education policy issues. We hope that these interviews will be informative for your vote on May 20th in the party primaries.
Traditional Public School And Charter School Funding In Arkansas (Updated), Sarah C. Mckenzie, Gary W. Ritter
Traditional Public School And Charter School Funding In Arkansas (Updated), Sarah C. Mckenzie, Gary W. Ritter
Policy Briefs
The existence and expansion of charter schools in Arkansas continue to be controversial. Proponents of charters argue that charter schools are unfairly burdened because they do not have access to local property tax revenue. Critics of charters, on the other hand, argue that charter schools pull funding away from traditional public schools. This brief examines the funding of traditional public schools and charter schools across the state and in the particular regions in which most Arkansas charter schools are located.