Education Commons^™

Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier

University of Massachusetts Law Review

This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …

State Challenges To Plyler V. Doe: Undocumented Immigrant Students And Public School Access (Perspectives On Legal Issues In Education), Lenford C. Sutton, Tricia J. Stewart

Educational Considerations

This article presents a review and an analysis of selected state laws and initiatives that have attempted to restrict public school access for undocumented immigrant children in the wake of the landmark U.S. Supreme Court decision of Plyler v. Doe.

K-12 Categorical Entitlement Funding For English Language Learners In California: An Intradistrict Case Study, Oscar Jimenez-Castellanos, Irina Okhremtchouk

Educational Considerations

The K-12 student population is becoming increasingly diverse in the United States. In particular, the number of English Language Learners (ELLs) rose from 4.7 million in 1980 to 11.2 million in 2009, more than doubling from 10% to 21% of the student population.

The Fiscal Crisis Of The Campus: The View From California, R. Jeffrey Lustig

Journal of Collective Bargaining in the Academy

The significance of the disinvestment in American baccalaureate, Ph.D. and community college institutions in recent years can hardly be exaggerated. The quandary posed by the attendant reduced funding goes beyond issues of crowded classrooms and dilapidated facilities; ultimately it questions whether our higher education will continue to be a gateway to equality and guarantor of opportunity, a path to broader horizons for citizens—or if it will be transformed into a bulwark of social inequality and vehicle for narrow vocational instruction.

Determining how to successfully grapple with this decline in funding is hindered, however, by the ways in which policy-makers and …

The Fiscal Crisis Of The Campus: The View From California, R. Jeffrey Lustig

Journal of Collective Bargaining in the Academy

Over the last generation, state governments have undertaken a major disinvestment in higher education. The questions raised by these funding reductions go beyond matters of crowded classrooms, dilapidated facilities, and altered pedagogies to challenge the basic function of college and university education in the United States. Will higher education continue to be the gateway to equality and provider of broad horizons for citizens, or will it be transformed into a bulwark of social privilege and narrow conveyor of vocational skills for private consumers? These are the ultimate questions posed by the funding priorities of the state legislatures in America today.