Open Access. Powered by Scholars. Published by Universities.®

Education Commons

Open Access. Powered by Scholars. Published by Universities.®

Education Law

2017

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 41

Full-Text Articles in Education

Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin Dec 2017

Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin

Pell Scholars and Senior Theses

Ever since the removal of Affirmative Action in California from Proposition 209, the UC system has struggled with increasing the enrollment numbers of underrepresented minorities on their campuses. In response to this, many of the UC schools are adopting different policies to help counteract the negative effects of Proposition 209. This paper examines the effects of Proposition 209 on the underrepresented minority population in the UC system, specifically focusing on the University of California, Irvine (UCI). The areas of focus for addressing the issues of Proposition 209 at UCI are outreach programs, admissions policies, and recruitment programs. This paper examines …


Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher Dec 2017

Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher

EDL Sixth Year Theses

In 2006, a reauthorization of the Individuals With Disabilities Education Improvement Act led to changes in how the state of Connecticut determined special education eligibility for a student with a specific learning disability. The Response to Intervention (RTI) approach replaced of the discrepancy model in making this determination. This retrospective case study looked at the perceptions of North Haven Staff on the efficacy of the RTI process in reducing the over-identification of students with specific learning disabilities. A mixed-methods survey was administered to 337 professionals in North Haven, CT. Of the 86 responses received, 73 were determined to be useful …


Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter Nov 2017

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.


An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry Nov 2017

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on the …


“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun Nov 2017

“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun

Journal of Critical Issues in Educational Practice

The purpose of this mixed methods study was to explore urban African American students’ school experiences based on the aftermath of California’s Local Control Funding Formula (LCFF), focusing on achievement, engagement, and school climate. Survey data and focus groups of 62 participants were analyzed using chi-square, multiple regression, and an iterative process. Findings suggest that students desire information regarding honors courses, stronger teacher/student relationships, and fairer discipline treatment. Effective strategies and practices are recommended including the LCFF’s revisions to have specific goals for African American students.


Another Season Of Record-Breaking International Moot Court Achievements (Smu), Siyuan Chen, Eunice Chua Nov 2017

Another Season Of Record-Breaking International Moot Court Achievements (Smu), Siyuan Chen, Eunice Chua

Research Collection Yong Pung How School Of Law

It was written in previous articles in this publication that both Singapore law schools participating in international moot court competitions have been putting up impressive results in the last few years. As the latest moot season draws to a close, we are happy to report that 2016/17 has been another good season for Singapore mooters. NUS and SMU reached a total of 12 international championship finals between them during this period, and ordered chronologically.


Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein Oct 2017

Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein

Dissertations

Like many southern states, South Carolina has a history permeated by issues related to race, equity, and educational opportunity. As early as the 1949 South Carolina court case, Briggs v. Elliott, South Carolina has had to address issues of equity and educational opportunity among its disenfranchised and marginalized citizenry. More than 60 years later, in Abbeville County School District et al. v. the State of South Carolina et al., sectors of rural South Carolina, predominantly black and poverty laden, would unite and engage in a legal battle with the State over equity in public education and by judicial mandate, be …


You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz Aug 2017

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

Arbitration Law Review

No abstract provided.


Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman Jun 2017

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani Jun 2017

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst May 2017

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …


School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter May 2017

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.


The Missouri Student Transfer Program, Howard E. Fields Iii Apr 2017

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 …


Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio Apr 2017

Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio

Andrea A. Curcio

Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools' failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual assault. Ignoring where most on-campus assaults occur provides students with a false sense of security in their dorms, limits the efficacy of bystander intervention programs, and results in scant attention and research directed at the efficacy of dorm-based awareness and risk-reduction efforts. This article suggests that …


Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell Apr 2017

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.


A Tale Of Two Court Cases: Analyzing Public Responses To School Finance Decisions In Connecticut, Briana Casey Apr 2017

A Tale Of Two Court Cases: Analyzing Public Responses To School Finance Decisions In Connecticut, Briana Casey

Senior Theses and Projects

Connecticut has long struggled with the structure of school finance at the K-12 level. Over the past 45 years, the states' battles with reform have become even more apparent following two court cases, Horton v. Meskill (1977) and CCJEF v. Rell (2016). My study compares public responses to both case rulings and analyzes what these differentiations signify for state education reformers. The responses I analyzed are from individuals, such as parents, school board members, reform advocates, education lawyers, teachers, school administrators, and students. The findings show that differences in public responses illustrate an increase in the complexity of the cases …


The Supreme Court And Education Law, Charles J. Russo Apr 2017

The Supreme Court And Education Law, Charles J. Russo

Educational Leadership Faculty Publications

Compiling a “top 10” list of anything— including Supreme Court cases and justices’ quotes—can be fraught with differences of opinion. Yet discussions about those differences can be useful learning activities, because they can lead to conversations about the underlying legal issues in schools. With that caveat in mind, this column offers key quotes from major Supreme Court cases that played major, even transformational, roles in shaping the landscape of U.S. K–12 education. The quotes are accompanied by brief summaries of why the cases are significant. With the exception of Brown v. Board of Education, Topeka, Kansas (1954), the most important …


Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett Apr 2017

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. …


Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina Mar 2017

Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina

Seton Hall University Dissertations and Theses (ETDs)

The first amendment protected students’ first amendment rights in K-12 public schools; however, state antibullying legislation required school officials to discipline students for bullying and, in most states, cyberbullying as well. An increasing number of students had access to mobile devices at home and during the school day. School officials had the responsibility to protect students from instances of bullying and cyberbullying; however, school officials did not fully understand the extent of their authority to discipline students for acts of bullying that occurred online, off school grounds. Despite the existence of state antibullying laws in all fifty states, contradictory appellate …


“Traversing The Legal Minefields That Surround Academic Chairpersons”, Nathan M. Roberts Mar 2017

“Traversing The Legal Minefields That Surround Academic Chairpersons”, Nathan M. Roberts

Academic Chairpersons Conference Proceedings

The presenter will describe common higher education law issues encountered by Chairpersons and provide a framework for analyzing them to protect the department and the Chairperson. Perspective on the process will be offered by a former chairperson, now dean, who is also an attorney and teaches courses in education law.


Reutter’S The Law Of Public Education, Charles J. Russo Mar 2017

Reutter’S The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.


Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo Mar 2017

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Charles J. Russo

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …


The Law Of Public Education, Charles J. Russo Mar 2017

The Law Of Public Education, Charles J. Russo

Charles J. Russo

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.


Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo Mar 2017

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Charles J. Russo

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools1 to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,2 a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,3 the Court struck down the Defense of Marriage Act thereby requiring …


Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo Mar 2017

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …


Handbook Of Comparative Higher Education Law, Charles J. Russo Mar 2017

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …


Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo Mar 2017

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Charles J. Russo

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …


Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter Mar 2017

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world. The first book of its kind, this volume consists of …


Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett Mar 2017

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. …


Update On Student Vaccinations, Charles J. Russo Feb 2017

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.