Education Commons^™

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

The University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways.

But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these …

Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe

Law Faculty Scholarship

SUMMARY OF ARGUMENT

The Governor confines her argument in this amicus brief to whether the superior court correctly concluded that the education tax credit program enacted under RSA § 77-G violates Article 83 insofar as it permits organizations authorized to receive donations subsidized by the credit to use those donations to fund student scholarships to religious, non-public schools. In the Governor’s view, the superior court’s finding of unconstitutionality was correct.

In its text, structure, and history (including its interpretive history), the New Hampshire Constitution significantly differs from the First Amendment’s Establishment Clause with respect to the question whether revenue generated …

Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith

The University of New Hampshire Law Review

[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards. The institution may impose sanctions on students for breaching these standards. Prior to imposing a sanction, however, an institution must provide the student with a sufficient level of process or risk judicial invalidation of the sanction.

Courts distinguish the process due a student attending a state institution from the process due a student attending a private institution. Related to this distinction is the judicial claim that courts grant discretion to a private institution’s judgment regarding discipline for academic, …

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”

Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning

The University of New Hampshire Law Review

[Excerpt] “Long before the framers of New Hampshire’s first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement.

By 1708, the provincial government in New Hampshire had established the first public school. Not surprisingly, the school was in Portsmouth, which was, at the time, the seat of the provincial government. On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. Under the same act, a community that had one hundred …

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

The University of New Hampshire Law Review

[Excerpt] “Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have …

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …

Keeping Schools Safe: Why Schools Should Have An Affirmative Duty To Protect Students From Harm By Other Students, Alison Bethel

The University of New Hampshire Law Review

[Excerpt] "Federal statutes have attempted to make schools safer by providing grants to assist schools in becoming violence-free. Similarly, some states have passed “bullying laws,” which mandate procedures for school officials to follow when dealing with bullying. These statutes, however, do not provide adequate remedies for students who are harmed by their peers during the school day. The majority of courts that have addressed student- on-student violence have declined to hold that compulsory education creates the type of special relationship needed to impose an affirmative duty on schools to protect students from harm by other students. While I agree that …

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …