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Full-Text Articles in Education
The Result Of Fitzgerald V. Barnstable School Committee On Special Education Law, Arthur Lang
The Result Of Fitzgerald V. Barnstable School Committee On Special Education Law, Arthur Lang
Arthur Lang
The Individuals with Disabilities Educational Act (IDEA) requires that states receiving federal funds provide a Free and Appropriate Education (FAPE) to students with disabilities. Failing to provide a FAPE is discriminatory under the Equal Protection Clause of the Fourteenth Amendment, the Rehabilitations Act (RA), and the Americans with Disabilities Act (ADA). The IDEA provides remedies to correct inadequacies with compensatory but does not provide compensatory damages. Parents dissatisfied with the adequacy of the education of a child with special needs have tried to bypass this, using §1983 to seek damages for an inadequate education under the IDEA and under the …
The Politics Of Education Reform: Lessons Learned From New Orleans, Robert A. Garda Jr.
The Politics Of Education Reform: Lessons Learned From New Orleans, Robert A. Garda Jr.
Robert A. Garda
Hurricane Katrina demolished the educational facilities and state leaders took the opportunity to raze the broken educational governance structures in New Orleans. Leaders re-created the Orleans Parish School District based on the education reforms sweeping the nation: school choice, accountability, state takeover of failing schools, and charter schools. The city is now the proving ground for modern education reforms and policymakers from around the country are watching closely. The mistakes made and lessons learned in New Orleans since Hurricane Katrina can act as a roadmap for states and districts moving toward the “new” education model - choice plans, charter schools …
The White Interest In School Integration, Robert A. Garda Jr.
The White Interest In School Integration, Robert A. Garda Jr.
Robert A. Garda
Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools despite these interests underpinning over thirty years of Supreme Court integration jurisprudence. In this article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The article begins by explaining the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation jurisprudence. White parents must understand that their “buy-in” …
The Economics Of Section 170: A Case For The Charitable Deduction Of Parochial School Tuition, Meir Katz
The Economics Of Section 170: A Case For The Charitable Deduction Of Parochial School Tuition, Meir Katz
Meir Katz
That payments for parochial school tuition are not deductible under Section 170 of the Internal Revenue Code is a foregone conclusion in the eyes of many tax policy scholars. Tuition provides an easy case because the donor receives something of great value in return for his donation: the education of his children. This Article questions that conclusion. By taking a close look at the economics behind these tuition payments in the context of a discrete population, the religious Jewish community, I show that traditional economic assumptions are inappropriate for analysis of those payments. Rather than a traditional economic exchange for …