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Full-Text Articles in Education

In Defense Of Idea Due Process, Mark C. Weber Jan 2014

In Defense Of Idea Due Process, Mark C. Weber

Mark C. Weber

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …


Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber Jan 2014

Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber

Mark C. Weber

Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …


The Legal Impact Of Emerging Governance Models On Public Education And Its Office Holders, Robert A. Garda Jr., David Doty Jan 2013

The Legal Impact Of Emerging Governance Models On Public Education And Its Office Holders, Robert A. Garda Jr., David Doty

Robert A. Garda

The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With these battles for control have come more lawsuits, more laws, and more administrative regulations dictating the governance structures of educational institutions. Indeed, one could argue that, in recent years, debates over how schools and school districts should be governed have subsumed the curriculum debates over how and what children should be taught. Leadership matters, and therefore …


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha May 2012

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha May 2012

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Education Law Association, Zorka Karanxha Jan 2010

Education Law Association, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha Jan 2010

Hunt V. Mcnair, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Education Law Association, Zorka Karanxha Jan 2010

Education Law Association, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Hunt V. Mcnair, Zorka Karanxha Jan 2010

Hunt V. Mcnair, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Student Teachers’ Diversity Rights: The Case Law., Zorka Karanxha, Perry Zirkel Jan 2008

Student Teachers’ Diversity Rights: The Case Law., Zorka Karanxha, Perry Zirkel

Zorka Karanxha

This chapter provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, the defendant was an institution of higher education or cooperating local school district, and the issues in dispute were related to diversity. The number of such court decisions was surprisingly small, and the outcomes generally favored the defendant institutions. The court cases fall under three categories: 1) student teachers’ diverse views on religion, 2) student teachers’ diverse forms of free speech, and 3) student teachers with special needs. Constitutional claims were the predominant avenue of litigation against school districts and …


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha Jul 2007

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha

Zorka Karanxha

No abstract provided.


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Apr 2007

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Student Teachers’ Diversity Rights: The Case Law, Zorka Karanxha, Perry Zirkel Jan 2007

Student Teachers’ Diversity Rights: The Case Law, Zorka Karanxha, Perry Zirkel

Educational Leadership and Policy Studies Faculty Publications

This chapter provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, the defendant was an institution of higher education or cooperating local school district, and the issues in dispute were related to diversity. The number of such court decisions was surprisingly small, and the outcomes generally favored the defendant institutions. The court cases fall under three categories: 1) student teachers’ diverse views on religion, 2) student teachers’ diverse forms of free speech, and 3) student teachers with special needs. Constitutional claims were the predominant avenue of litigation against school districts and …