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Full-Text Articles in Education
Watch Your Language: How A School District's Failure To Provide Meaningful Communication Has Impacted Students During The Pandemic, Amy Leipziger
Watch Your Language: How A School District's Failure To Provide Meaningful Communication Has Impacted Students During The Pandemic, Amy Leipziger
BYU Education & Law Journal
This article examines some of the obstacles that LEP parents have experienced with the NYCDOE during the pandemic, the impact these obstacles have had on their children’s education, and whether the NYCDOE’s refusal to provide language access amounts to a denial of a sound basic education under state constitutional law.12 I chose to focus primarily on New York City because it boasts the nation’s largest school system, with nearly 1.1 million students, and is comprised of 1,876 schools.13 A large share of these students have significant language needs. In New York state, forty-six percent of children in low-income families have …
Indiana's Uniform School System, The Right To Literacy, And Remote Learning In A Pandemic, Jesse Smith
Indiana's Uniform School System, The Right To Literacy, And Remote Learning In A Pandemic, Jesse Smith
BYU Education & Law Journal
The COVID pandemic has undoubtedly exposed new challenges in education. However, the reality is that it has also exposed pre-existing, underlying systemic problems, and exacerbated them to the point that the only responsible thing to do would be to deal with them in earnest. For curricular fees, specifically, permitting schools to charge fees for technology and require their use to access the classroom is running counter to the statutory permissive scheme Indiana has in place, likely past the point of being constitutional. Indiana has shown a willingness in the past to demonstrate that, at least for education, there really is …
Invasion Of School Children's Privacy: Teachers Need To Be Put In Timeout, John D. Janicek, Joseph H. Hanks
Invasion Of School Children's Privacy: Teachers Need To Be Put In Timeout, John D. Janicek, Joseph H. Hanks
BYU Education & Law Journal
This article makes the argument that such social media posts constitute a serious invasion of a child’s privacy right, and that the responsibility for enforcement should fall on schools and school districts. However, since such enforcement is currently lacking, this article argues that potential remedies may exist within the framework of federal law. And if local education authorities continue to fail to address the problem, the article argues that a legislative approach might be called for, at the state, or even federal, level.
Student Privacy In The Digital Age, Susan G. Archambault
Student Privacy In The Digital Age, Susan G. Archambault
BYU Education & Law Journal
Students and teachers need to understand what rules govern their digital experience in terms of data being collected from the systems and software they use. Students have a tendency to share personal information online, and are largely unconcerned about third-party access to their data.30 Furthermore, they may feel pressured to waive privacy rights in order to participate in classroom activities requiring the use of educational technology tools.31 The recent COVID-19 pandemic has further exacerbated this problem. In fact, The Future of Privacy Forum (FPF) and National Education Association (NEA) recently released new recommendations for the use of video conferencing platforms …
The Legal College Admissions Scandal: How The Wealthy Purchase College Admission To The Nation's Elite, Private Universities Through Donations, Gabrielle Wilson
The Legal College Admissions Scandal: How The Wealthy Purchase College Admission To The Nation's Elite, Private Universities Through Donations, Gabrielle Wilson
BYU Education & Law Journal
This Article targets the issue of purchasing admissions to elite, private universities through legal, albeit manipulative donations. It will identify the harms purchasing admissions poses to the higher education system, as well as offer an analysis of some of the potential legal remedies to the issues. While the legal community tends to favor bright-line rules and perfect solutions, this Article does not aim to provide a magic potion that would act as a cure-all. Rather, this Article calls upon the legal community to recognize an issue afflicting higher education and to assert that a legal solution is not impossible. As …