Education Commons^™

Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

Reforming Illinois K-12 Public Education Through A Four-Pronged Approach, Seth Brooks

Senior Honors Theses

Public education in the United States has produced lackluster results in the past decades. Various forms of school choice have emerged in recent years to combat the poor results seen in the public education system, but these private schools are financially unattainable for many Americans. Bureaucratic overload, city corruption, inequities in funding, and frequent teachers’ strikes have certainly contributed to the destitute state of Illinois’ public education. In this thesis, the attainability of fiscal relief for Illinois families who choose alternative education and the necessity of the state in permitting such alternatives is discussed.

Current school choice policies in the …

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …

Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang

Faculty Scholarship

State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack — from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of students, particularly students of color and in poverty whom public schools have long underserved. This Article argues that fully subsidized public education is constitutional as long as public schools fulfill their mission to model and commit people to liberal democratic values of tolerance and respect for all persons as …

Examining California’S Title 22 Community Care Licensing Regulations: The Impact On Inclusive Preschool Settings, Aja Mckee, Audri Sandoval Gomez, Sardis Susana Rodriguez, Janice Myck-Wayne, Scott Turner, Markus Trujillo

Education Faculty Articles and Research

Access to general education preschool in California has varied for children with disabilities. One reason for the disparity of educational placement is the preschool regulations outlined in California Department of Education’s Title 22: Community Care Licensing guidelines. These regulations, particularly in preschool, support or hinder preschool inclusion. Examining the preschool section of Title 22 through document analysis resulted in identifying three major themes that embrace or deter inclusive practices: (a) language (i.e., supportive language, antiquated language, and ambiguous language); (b) training, experience, and education; and (c) staff-student ratio. California’s educational leaders should consider these results to provide opportunities for preschool …

Forbidden Forests: Negotiating Censorship In Children's And Young Adult Literature During A New Era Of Conservatism In 2022 And Beyond, Avila Hendricks

Title III Professional Development Reports

Harambee! In Swahili, “Harambee” means “All pull together!” The impetus for this report grew out of a unifying discussion with other 2022 Children's Literature Association (ChLA) conference attendees.These discussions led to the decision to “pull together” against the rise of “extreme” conservatism and the increase of banned books across the United States.

This report offers insight into some of the issues surrounding the increase in censorship in children's and young adult literature. It includes a brief review of the recently scrutinized book, Dear Martin by Nic Stone, and it concludes with some recommendations for negotiating censorship in conservative communities.

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Thurgood Marshall Memorial Lecture Series: "A Roadmap To Educational Excellence And Equity For Rhode Island 03-03-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Education Is Speech: Parental Free Speech In Education, Philip A. Hamburger

Faculty Scholarship

Education is speech. This simple point is profoundly important. Yet it rarely gets attention in the First Amendment and education scholarship.

Among the implications are those for public schools. All the states require parents to educate their minor children and at the same time offer parents educational support in the form of state schooling. States thereby press parents to take government educational speech in place of their own. Under both the federal and state speech guarantees, states cannot pressure parents, either directly or through conditions, to give up their own educational speech, let alone substitute state educational speech. This abridges …

Examining The Impact Of Covid-19 On Education, Onu Institute For Civics And Public Policy, Kaylee Ballou, Emma Blackburn, Sabrina Braun, Isaac Brooks, Rebecca Monce, Rachel Pickering, Drew Walker, Benjamin Wiggins

Critical Questions

The hardships of a world-wide pandemic is not without precedent. The infamous Spanish Flu, which was first discovered in 1918, lasted around 2 years and was proportionally more deadly than the current statistics from the COVID-19 pandemic. At its peak, the Spanish Flu infected around 40 percent of the global population and killed an estimated 50 million people. The labelling of the 1918 pandemic as the Spanish Flu came about because Spain was one of the only countries to report about the illness during World War I. Additionally, the king of Spain, Alfonso XIII, was one of the first major …

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

Popular Media

Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Department of Educational Administration: Dissertations, Theses, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research, it is …

Executive Order 13950: Insufficient Grounds For Curbing Academic Freedom, Arianna Chen

Online Blog

No abstract provided.

Raw And Pure Education In The Society, Iwasan D. Kejawa Ed.D

Department of Educational Administration: Dissertations, Theses, and Student Research

What does education mean to individuals in the world today? Education is a way one can attain or improve his or her ability to lead and survive in the society of ours. Without educational training of the mind, it may be impossible to realize the importance of adaptability of living in the environment. Without education, It may also be difficult to embellish the use of both the mental and physical attributes possessed by individual beings.

What really is education? Education is the training of the mind to perform desire functions or to perpetuate the modality of obtaining an end or …

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review SUpra

No abstract provided.

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Legal Contexts Of Education, Vanessa Garry

Open Educational Resources Collection

This is a collection of readings relevant to local Saint Louis, Missouri state and United States federal, laws and cases as they relate to education policies. The readings are organized by topic, as show below.

The First Amendment

• Tinker v. Des Moines School Dist.
• Hazelwood School District v. Kuhlmeier
• Bethel School Dist. No. 403 v. Fraser
• What Does Free Speech Mean?

The Fourth Amendment

• New Jersey v. T. L. O.
• What Does the Fourth Amendment Mean?

The Eighth Amendment

• Ingraham v. Wright

The Fourteenth Amendment

• Goss v. Lopez
• Honig v. Doe

Missouri Laws

• Stewart v. Board of Ed. of Ritenour …

Reproducing Inequality Under Title Ix, Deborah L. Brake, Joanna L. Grossman

Articles

This article elaborates on and critiques the law’s separation of pregnancy, with rights grounded in sex equality under Title IX, from reproductive control, which the law treats as a matter of privacy, a species of liberty under the due process clause. While pregnancy is the subject of Title IX protection, reproductive control is parceled off into a separate legal framework grounded in privacy, rather than recognized as a matter that directly implicates educational equality. The law’s division between educational equality and liberty in two non-intersecting sets of legal rights has done no favors to the reproductive rights movement either. By …

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Faculty Scholarship

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …

School Safety In Rural Settings, Daniel W. Eadens, Larry Walker, Vasily Yurin

Faculty Scholarship and Creative Works

Extreme violence is in our communities and sometimes flows into our schools. Read no further than the local newspapers if you want to see the impact on campus: physical violence, serious injury, suicide, mental crises, and threats with deadly weapon. In fact, the first documented school shooting in this country occurred in the year 1764 in rural Pennsylvania (Keenan & Rush, 2016). Unfortunately, shootings continue to plague our society and occur on rural school campuses today. Are rural schools safe? Is there a way to better predict school violence so it can be prevented? What kind of rural schools are …

The Future Of Law Schools: Covid-19, Technology, And Social Justice, Christian Sundquist

Articles

The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as demographic and technological change. This article examines the impact of the COVID-19 pandemic on legal education, and posits that the combined forces of the pandemic, social justice awareness and technological disruption will forever transform the future of both legal education and practice.

Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant

Faculty Scholarship

This Essay explores the plight of students with disabilities during the COVID-19 pandemic, particularly those enrolled in under-resourced school districts. To address these ongoing disparities, remediate student regression, and prevent further educational loss, we must act quickly to get resources to the students who need it most and to guide districts towards using these resources effectively. This Essay questions whether federal and state governments are truly committed to creatively examining the current special education framework and adopting solutions that will prioritize expanding access to resources for students with disabilities. These solutions include an immediate advancement of funds to aid states …

The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough

Senior Honors Theses

The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected, the Aguillard …

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Endrew F. Clairvoyance, Mark Weber

College of Law Faculty

The Second Circuit Court of Appeals has declared that “Prior decisions of this Court are consistent with the Supreme Court’s decision in Endrew F.,” the 2017 Supreme Court decision interpreting the Individuals with Disabilities Education Act obligation to furnish students with disabilities free, appropriate public education. This Essay considers whether that statement is accurate, and concludes that while some of the past Second Circuit decisions fit comfortably with Endrew F. ex rel. Joseph F. v. Douglas County School District RE-1, others do not. The Essay submits that the court of appeals should confess a lack of clairvoyance in its earlier …

Understanding Racial Inequity In School Discipline Across The Richmond Region, Genevieve Siegel-Hawley, Adai Tefera, David Naff, Ashlee Lester, Jesse Senechal, Rachel Levy, Virginia Palencia, Mitchell Parry, Morgan Debusk-Lane

MERC Publications

This report comes from the MERC Achieving Racial Equity in School Disciplinary Policies and Practices study. Launched in the spring of 2015, the purpose of this mixed- method study was to understand the factors related to disproportionate school discipline outcomes in MERC division schools. The study had two phases. Phase one (quantitative) used primary and secondary data to explore racial disparities in school discipline in the MERC region as well as discipline programs schools use to address them. Phase two (qualitative) explored the implementation of discipline programs in three MERC region schools, as well as educator and student perceptions …

Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski

Independent Study Project (ISP) Collection

Although reports indicate that a majority of students in Uganda are sexually abused while in school, sexual harassment and its impact on educational attainment is a rampant yet understudied problem (The Uganda National Strategic Plan on Violence Against Children in Schools, 2015). While harassment in schools by teachers and students is not the only factor leading to high dropout rates among students, the behavior of teachers and students in school, and the lack of discipline towards their actions is an internal contribution to this effect. This study aims to better understand the perceptions on what constitutes “sexual harassment” in Uganda …

#Metoo Movement: Solutions, Raquelle A. Walker-White Ms

Undergraduate Research

Sexual assault and sexual harassment is a prevalent issue that affects women at disproportionate rates on college campuses, in the workplace and in society in general. The #MeToo movement aims to bring discussion around these issues, hold sexual predators accountable for their actions, and provide a support system for survivors of sexual assault and harassment. #MeToo Movement: Solutions analyzes the scope of the problem in the United States, famous cases surrounding sexual assault, and the different solutions colleges, society in general, and legislation have put in place to combat this issue. The #MeToo Movement has made a lot of headway …

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …