Education Commons^™

Keeping Schools Safe: Why Schools Should Have An Affirmative Duty To Protect Students From Harm By Other Students, Alison Bethel

The University of New Hampshire Law Review

[Excerpt] "Federal statutes have attempted to make schools safer by providing grants to assist schools in becoming violence-free. Similarly, some states have passed “bullying laws,” which mandate procedures for school officials to follow when dealing with bullying. These statutes, however, do not provide adequate remedies for students who are harmed by their peers during the school day. The majority of courts that have addressed student- on-student violence have declined to hold that compulsory education creates the type of special relationship needed to impose an affirmative duty on schools to protect students from harm by other students. While I agree that …

A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty

Brigham Young University Education and Law Journal

No abstract provided.

Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala

Brigham Young University Education and Law Journal

No abstract provided.

Establishing A Culture Of Compliance: Applying Corporate Compliance Principles To A Unversity Setting, J. Derek Kearl

Brigham Young University Education and Law Journal

No abstract provided.

High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.

Robert A. Garda

Finding a child eligible for special education under the Individuals with Disabilities Education Act (IDEA) is one of the most important, if not the most important, decision that will be made in that child's life. Despite the importance of eligibility determinations the eligibility criteria of IDEA are intricately tangled and often misapplied by courts, hearing officers and inevitably parents and educators. The confusion surrounding eligibility standards leads to the disastrous results of both over-identification and under-identification of IDEA eligible children. This Article attempts to untangle the web of IDEA eligibility standards in order to determine who is entitled to its …

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Educational Leadership Faculty Publications

The dearth of statistical or anecdotal evidence aside, combined with the relative lack of reported litigation, it appears that most students and teachers regularly participate in perhaps the most common daily school ritual by joining in the patriotic recitation of the Pledge of Allegiance (Pledge) and the salute to the American Flag. Yet, as discussed throughout this article, this daily practice has had a history of controversy, whether in schools or political settings.

Turning specifically to schools, in Newdow v. United States Congress (Newdow), the Ninth Circuit set off a firestorm of controversy when, in a case from California, it …

Access To Higher Education In Florida And South Africa: A Comparative Policy Analysis, Marty Z. Khan

UNF Graduate Theses and Dissertations

This study examines issues of access to higher education in Florida and South Africa. On November 9, 1999, the Governor of the State of Florida issued Executive Order 99-281 to establish the One Florida Initiative (OFI), which barred the use of race as a factor in university admissions. In South Africa, the government in February 2001 issued its National Plan for Higher Education (SANPHE). This plan outlined a framework to redress past inequities in the higher education system perpetuated by the former government's apartheid ideology. Senior university leaders in Florida and South Africa were required to implement their respective policy. …

Real Ethical Dilemma: Professor Whistleblower And The Diary Of The Lost Job*, Terence Garrett

Political Science Faculty Publications and Presentations

*This story is a fictionalized account of an actual event. Names have been changed to protect the innocent and the guilty. Any similarities with other persons or events are purely coincidental. A version of this paper was presented at a Roundtable discussion of the 2002 Midwest Political Science Association Annual Meeting, April 2002, in Chicago, IL, Roundtable Title – “Administrators, Activists, and Academics: Political Science at the Bargaining Table.” In no way, shape, or form is this essay about my current employer.

Law School Diversity As A Compelling State Interest: Justice O'Connor's Application Of Strict Scrutiny And The Promise Of The U.S. Supreme Court's Ruling In Grutter V. Bollinger, James Johnston

James B Johnston

This article discuuses the landmark Grutter v. Bollinger decision in the the context of its ability to promote diversity both in academia and the workplace.