Education Commons^™

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 …

Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford

Electronic Theses and Dissertations

This research study analyzed the perceptions of special education supports by school administrators. Specifically, this research discussed comparative findings of perceptions of special education supports between building principals and building-based special education team chairpersons in one Massachusetts public school district. The findings are grounded in the district’s inclusive philosophy and its capability to ensure that all students are provided educational opportunities in the least restrictive educational environment. The problem studied was that many students with disabilities who are unable to find academic success within an inclusive academic environment are typically transitioned into a more restrictive—or substantially separate—alternative education setting. It …

Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira

Electronic Theses, Projects, and Dissertations

Since the 1980s, neoliberal influence has slowly taken over our education system’s vision and purpose. Presently, marketization in schooling has drawn the attention and influence of those of monetary and political power (Bartlett et al., 2002). Accountability measures set in place by the strings attached to school funding and sanctions encompass blanket demands on classroom instruction not equitably designed to support our diverse student populations (Ravitch, 2013; Reigeluth, 2014; Tsang, 2019). The school system, as it presently stands, is managed and maintained under systematic models that do not align to the complex needs of each unique school within its unique …

Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe

BYU Education & Law Journal

Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …

Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer

BYU Education & Law Journal

Federal and state governments regulate the character of

their residents as a condition of immigration, employment, social

services, and beyond. At the state level, “good moral character”

rules have been analyzed in depth for decades, mostly as they pertain

to admission to the bar and other licensed professions. Character

requirements also affect the ability of college students to get

state-funded financial aid, but these policies have received no scholarly

analysis. According to this study’s findings, there have been at

least 50 state financial aid grant programs with character rules,

which begs the question: what does it mean to be a …

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.

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Classical Batik Tradition And The Rifa'iyah Women, Adlien Fadlia

International Review of Humanities Studies

This research is a qualitative research using the phenomenological method. The research sample is women – therefore called the Rifa’iyah women – who make batik in Rifa’iyah community in the district of Batang, Central Java. Data collection techniques are applied by conducting interviews and observation guidelines. Data analysis techniques are used by using descriptive analysis. Women in the Rifa’iyah community have a prominent role to play in the productivity of batik. The Rifa’iyah people place batik not only as an economic commodity but also as a place for women in the public sphere, no longer only in the domestic area. …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Supporting Our Troops In Higher Education: Veteran Admissions Training Program, Steven Delgado

Master's Theses

An overview of a Veteran Admissions Training Manual for a California State University campus.

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the …

What Services And Products A Scholarly Communications Department May Offer Your Department/College, Kris S. Helge

Academic Chairpersons Conference Proceedings

The presenter and the participants will discuss what faculty needs may be met by the services offered by members of a Scholarly Communications Department. Some of these needs may include citation counts, publishing needs, scholarship dissemination and preservation, assistance with intellectual property conundrums, and help with open educational resources.

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …

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 …

Legal Contexts Of Education, Vanessa Garry

Open Educational Resources Collection

This is a collection of readings relevant to local Saint Louis, Missouri state and United States federal, laws and cases as they relate to education policies. The readings are organized by topic, as show below.

The First Amendment

• Tinker v. Des Moines School Dist.
• Hazelwood School District v. Kuhlmeier
• Bethel School Dist. No. 403 v. Fraser
• What Does Free Speech Mean?

The Fourth Amendment

• New Jersey v. T. L. O.
• What Does the Fourth Amendment Mean?

The Eighth Amendment

• Ingraham v. Wright

The Fourteenth Amendment

• Goss v. Lopez
• Honig v. Doe

Missouri Laws

• Stewart v. Board of Ed. of Ritenour …

From Crime And Punishment To Harm And Healing, Louis L. Fletcher Phd, David Watson

National Youth Advocacy and Resilience Conference

Expulsion hearings do not have to be contentious events. Using restorative practices in an accountable environment changes the expulsion hearing into an alternative placement discussion where parents, students, and school officials figure out the next step together.

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

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

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

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.

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

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

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

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.

E-Cigarette Consumption In North American Schools, Abdul Hakim Merhi

Major Papers

E-Cigarette use has grown at an unprecedented rate in North America. Studies are being conducted to understand the social and health-related implications of this phenomenon. Teenagers are at the center of the discussion when e-cigarette consumption is researched and examined. Understanding the rate of growth and consumption relative to school settings is important to understanding this phenomenon.

A knowledge synthesis is provided to direct the following questions: (1) Where are teenagers consuming e-cigarettes? And why? (2) What are some current North American policies that address smoking and vaping in schools? (3) Why is the consumption of e-cigarettes school property problematic …

Perceptions Of Student Organization Advisors Regarding Hazing And Antihazing Law, Paul Andrew Hermansdorfer

Theses, Dissertations and Capstones

Despite persistent and documented issues regarding hazing, scholarly attention remains limited. A review of the literature revealed the majority of studies focused on student perceptions and behavior. Faculty and staff, specifically student club and organization advisors, should be involved with the prevention of hazing, too, but first there must be an understanding of the perceptions and issues that challenge them. The purpose of this descriptive, cross-sectional, nonexperimental study was to examine student organization advisors’ awareness and perceptions of West Virginia Antihazing Law, awareness of hazing on their campuses, and responses if hazing were to occur. The study was administered to …

There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny

Indiana Journal of Law and Social Equality

No abstract provided.