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Full-Text Articles in Education
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
Is There A Federal Right To A Minimum Education?, Martha Mccarthy
BYU Education & Law Journal
This article first reviews the Sixth Circuit panel decision, settlement agreement, and en banc appellate court action. Then, it explores related recent cases that also address a constitutional right to some level of education. The final section analyzes the viability of arguments asserting a federal right to access to a minimum education under the Fourteenth Amendment and implications of establishing such a federal right.
Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro
Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro
BYU Education & Law Journal
Despite the Supreme Court’s recognition of the importance of public education, America’s public schools remain ravaged by “savage inequalities”which lead to failure of the public schools.Because every State, except Hawaii, partially finances local public schools through local property taxes and because there are differences in the value of real property, there are vast disparities in available funding for local school districts. While every State Constitution requires the State Legislature to establish a public school system and while the State Legislatures have enacted a variety of statutes in an attempt to meet the state constitutional obligations, virtually every State has seen …
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
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 …
Patterns Of Provision Of One On One Aides In Due Process Hearings: A National Sample, Joel K. Perkins, Michael Owens, Scott Ferrin, Gordon Gibb, Vance Randall
Patterns Of Provision Of One On One Aides In Due Process Hearings: A National Sample, Joel K. Perkins, Michael Owens, Scott Ferrin, Gordon Gibb, Vance Randall
BYU Education & Law Journal
In decisions regarding services for a student classified with a
disability under the Individuals with Disabilities Education Improvement
Act (IDEIA), one of the most impactful choices for an IEP
team or local education agency is whether a student should receive a
one-on-one aide to enhance the least restrictive environment. Many
parents seek such services for their children, while many education
agencies resist, claiming that that one-on-one aides are not appropriate
for a particular student and in fact may not actually provide
the least restrictive environment for the student as established under
the IDEA.
This study examined patterns of legal provision …
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
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
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 …
Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer
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 …
Law And Policy Impacts On Teacher Attrition In Public Education: Data Suggesting A New Focus Beyond The Silver Bullets Of Targeted Stem And Other Salary Increases, Joseph Hanks, Scott E. Ferrin, Randall S. Davies, Steven S. Christensen, Scott P. Harris, W. Bryan Bowles
Law And Policy Impacts On Teacher Attrition In Public Education: Data Suggesting A New Focus Beyond The Silver Bullets Of Targeted Stem And Other Salary Increases, Joseph Hanks, Scott E. Ferrin, Randall S. Davies, Steven S. Christensen, Scott P. Harris, W. Bryan Bowles
BYU Education & Law Journal
Most current legislative and policy efforts to combat teacher shortages in public schools in the U.S. focus on raising teacher salaries, or on incentivizing certain key subject matters in the sciences and math, known as Science, Technology and Math (STEM) initiatives. The ostensible purpose of these legislative and policy efforts is to increase induction and subsequent retention of highly qualified teachers who will then impact educational attainment of students. The major tool used has been salary incentives for new teachers or salary augmentation for existing teachers in certain subject matters. This research investigates teacher perceptions on factors that impact their …
Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden
Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden
BYU Education & Law Journal
Private nonprofit colleges have experienced an increasing amount of financial pressure over time, making it arduous to survive. Internal and external factors such as geographical challenges, lack of economies of scale, and unchecked board mismanagement have historically led to the closures. COVID-19 is accelerating the rate of these college closures. Diminishing enrollment, volatile endowments, and inoperable revenue programs are some of the reverberations the virus has caused.
Preventative measures need to exist to alleviate the risks of unforeseen crises in the future. Harsher penalties, increased scrutiny of automatic extensions, and more accurate and complete Form 990 disclosures will protect stakeholders …