Law Commons^™

Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes

Fordham Urban Law Journal

Public education was intended to give students a broad perspective to prepare them for living in a complex, diverse society. This article will examine a relatively recent development in public education: alternative education programs (AEPs). Using Texas public schools as a case study, this article argues that AEPs defeat public education’s goal of exposing students to a diverse student body. This is because AEPs segregate at-risk students-- usually Latinos, African Americans, Native Americans, and poor Whites--from the rest of the student population. This article deals with disciplinary AEPS, also known as DAEPs. Part I of the article will explore the …

Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon

Vanderbilt Law Review

This country has long recognized the necessity of an education in order to function productively in society. As suggested by one of the founding fathers, Thomas Jefferson, "some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system." More recently, the Supreme Court recognized the importance of education in Brown v. Board of foreclose the means by which that group might raise the level of es- teem in which it is held by the majority .... Illiteracy is an enduring disability."

Today this need to educate remains just as pressing. Our country …

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

Leaving Equality Behind: New Directions In School Finance Reform, Peter Enrich

Vanderbilt Law Review

Public education, in most states, is funded in substantial part from local property taxes. As a result, resources vary widely from one school system to another, and schools in poorer communities are often severely underfunded. Over the past quarter century, many of these state financing systems have been challenged as unconstitutional, initially under the federal Equal Protection Clause and subsequently, after the Supreme Court's adverse decision in San Antonio Independent School District v. Rodriguez, under equal protection clauses and education clauses included in state constitutions. These state constitutional provisions can support challenges that attack school financing systems either for the …

Equal Protection

Touro Law Review

No abstract provided.

Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro

Dalhousie Law Journal

The education of its citizenry is often recognized as one of the most important public services provided by the state. The history of the rise and development of public education in the provinces of Canada reveals, above all, the influence of the Protestant and Roman Catholic churches. The educational philosophy, aims and broader objectives of the public education system reflected the moral and religious doctrines of the faith which had sponsored the founding of the institution. Yet there also existed a pervasive belief among the general populace in the power of education to support and nourish basic democratic values. Moreover, …

Education And The Court: The Supreme Court's Educational Ideology, William B. Senhauser

Vanderbilt Law Review

The need for a definition of the functions and goals of public education is a pressing problem in our society. American society is characterized by increasing alienation, weakening family ties, and waning church influence. The result is that education will play a greater role as one of the remaining institutions to help reach societal consensus and ensure the continued vitality of American democracy. Increasing controversy and litigation over students' and parents' rights in the educational process demonstrate widespread concern with the role of public education.' As the complexities of modern society increase and the public begins to believe American cultural …

A New Look For Public Education: The Proposed Revision Of Florida's Education Governance System, Patricia A. Draper

Florida State University Law Review

No abstract provided.

The Dismissal Of Public Schoolteachers For Aberrant Behavior, Richard H. C. Clay

Kentucky Law Journal

No abstract provided.

Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review

Michigan Law Review

Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …

Community Control, Public Policy, And The Limits Of Law, David L. Kirp

Michigan Law Review

This Article deals with those two points of conflict-disputes about governance, race, and political power; and constitutional concerns, rooted in Brown v. Board of Education, about racially heterogeneous education. Both are central to understanding, and to giving content to, the disagreements about community control. The questions about power provide a context within which to understand the terms of the debate. The constitutional discussion suggests some inevitable judicial difficulties in resolving disputes that emerge from the debate. Such questions are increasingly before the courts, whose decisions may alter the bounds of acceptable conduct in ways that permit or deny the …

Tort Liability Of Teachers, Paul O. Proehl

Vanderbilt Law Review

The tort liability of teacher qua teacher encompasses a rather narrow ambit and is largely restricted to cases in which it is alleged that the right of the teacher to enforce discipline has been abused and that the teacher is therefore liable in damages for the commission of an intentional tort. The question in such a case is whether the teacher has exceeded, or acted outside the scope of, his privilege.A particular common law concept was developed very early here defining the privilege as one deriving from the fact that the teacher stood in loco parentis,' and the privilege still …

The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland

Vanderbilt Law Review

In the wake of Brown v. Board of Education' six recent cases arising in four states have involved a constitutional challenge to the validity of an issue of public bonds to finance segregated schools. In each case it was contended that bonds authorized and approved according to statute could not be validated or the proceeds used for a purpose now unconstitutional. Confronting this apparently meritorious contention was the impelling practical consideration of furthering public education in the already lagging South. Legal answers, embodying this equitable consideration, ranged from a plea to jurisdiction, to interpretation of a statute or bond, to …