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Education Law

2002

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Articles 1 - 30 of 59

Full-Text Articles in Law

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2002

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


A Search For The Best Idea: Balancing The Conflicting Provisions Of The Individuals With Disabilities Education Act, Joshua A. Wolfe Oct 2002

A Search For The Best Idea: Balancing The Conflicting Provisions Of The Individuals With Disabilities Education Act, Joshua A. Wolfe

Vanderbilt Law Review

One issue that is consistently at the forefront of political debate in America is the educational system. The debate over education involves funding, accountability, and curriculum issues, among others. One education issue that does not receive as much attention as some of the more politically charged issues is special education.

The goal of the American public school system is to educate all children, but how should that goal be implemented with regard to learning-disabled children? How does the educational system meet the individualized needs of disabled students while ensuring that these students are not isolated from the rest of the …


Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette Oct 2002

Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette

Campbell Law Review

No abstract provided.


Choice Programs And Market-Based Separationism, Paul E. Salamanca Oct 2002

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Buffalo Law Review

No abstract provided.


"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short Oct 2002

"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Sep 2002

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Washington and Lee Law Review

No abstract provided.


Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley Jul 2002

Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate all students receiving special education in the "least restrictive environment" appropriate for each student's needs. This provision reflects Congress' preference that children with disabilities be educated alongside their non-disabled peers to the maximum extent possible. The U.S. Supreme Court has never determined how to test whether a school district has complied with this provision, so the federal circuits have developed several different tests. However, these circuit tests all arose prior to the most recent 1997 Amendments to the IDEA. This Comment explores the development and subsequent application of …


Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis Jun 2002

Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis

American University Law Review

No abstract provided.


Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly May 2002

Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly

Brigham Young University Journal of Public Law

No abstract provided.


Lavine V. Blaine School District: Fear Silences Student Speech In The Ninth Circuit, Shannon M. Mcminimee Apr 2002

Lavine V. Blaine School District: Fear Silences Student Speech In The Ninth Circuit, Shannon M. Mcminimee

Washington Law Review

In LaVine v. Blaine School District, the Ninth Circuit allowed a school to expel a student for writing a poem about a school shooting. The court held that the school did not violate the student's First Amendment rights because the school could reasonably forecast that the student would cause a substantial disruption or material interference with school activities. This Note argues that the LaVine court incorrectly applied the established standards for evaluating the constitutionality of a school's decision to expel a student. The LaVine court also unwisely extended the Tinker doctrine to a new area of student speech. In …


Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart Mar 2002

Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart

Brigham Young University Education and Law Journal

No abstract provided.


Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber Mar 2002

Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber

Brigham Young University Education and Law Journal

No abstract provided.


Board Of Trustees Of The Univeristy Of Alabama V. Garrett And The Equal Education Opportunity Act: Another Act Bites The Dust, Geoffrey Landward Mar 2002

Board Of Trustees Of The Univeristy Of Alabama V. Garrett And The Equal Education Opportunity Act: Another Act Bites The Dust, Geoffrey Landward

Brigham Young University Education and Law Journal

No abstract provided.


Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott Mar 2002

Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott

Brigham Young University Education and Law Journal

No abstract provided.


Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe Mar 2002

Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.


The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West Mar 2002

The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West

Brigham Young University Education and Law Journal

No abstract provided.


Legal Issues In Teacher Evaluation Legislation: A Study Of State Statutory Provisions, Carole A. Veir, David L. Dagley Mar 2002

Legal Issues In Teacher Evaluation Legislation: A Study Of State Statutory Provisions, Carole A. Veir, David L. Dagley

Brigham Young University Education and Law Journal

No abstract provided.


Subverting The Academic Abstention Doctrine In Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley, Carole A. Veir Mar 2002

Subverting The Academic Abstention Doctrine In Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley, Carole A. Veir

Brigham Young University Education and Law Journal

No abstract provided.


Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman Mar 2002

Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman

Brigham Young University Education and Law Journal

No abstract provided.


Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady Mar 2002

Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady

Brigham Young University Education and Law Journal

No abstract provided.


The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell Mar 2002

The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.


Promoting Racial Equality Through Equal Educational Opportunity: The Case For Progressive School-Choice, Brian P. Marron Mar 2002

Promoting Racial Equality Through Equal Educational Opportunity: The Case For Progressive School-Choice, Brian P. Marron

Brigham Young University Education and Law Journal

No abstract provided.


Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler Feb 2002

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.


The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley Feb 2002

The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley

William & Mary Bill of Rights Journal

Critics of Confederate symbols have become increasingly vocal in recent years, forcing state and local governments to reevaluate their use of such symbols in public settings. This Note tracks the proliferation of Confederate symbols in American society since the 1950s, arguing that such use of these symbols, especially in the realm of public schools, stands in violation of the Constitution. Particularly, the Note analyzes the viability of possible legal remedies to school-sponsored racism based on the lack of government free speech rights, Thirteenth Amendment protections against "Badges of Inferiority," and Fourteenth Amendment claims under the Equal Protection and Due Process …


Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr. Jan 2002

Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.

Michigan Journal of Race and Law

This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …


Introduction, Michael J. Pappas Jan 2002

Introduction, Michael J. Pappas

Journal of Health Care Law and Policy

No abstract provided.


Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene Jan 2002

Educating Students With Complex Health Care Needs In Public Schools: The Intersection Of Health Care, Education, And The Law, Donna H. Lehr, Jill Greene

Journal of Health Care Law and Policy

No abstract provided.


The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon Jan 2002

The Stuart Rome Lecture: Knocking Against The Rocks: Evaluating Institutional Practices And The African-American Boy, Theresa Glennon

Journal of Health Care Law and Policy

No abstract provided.


Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum Jan 2002

Educationally Related Mental Health Services For Children With Serious Emotional Disturbance: Addressing Barriers To Access Through The Idea, Lucy W. Shum

Journal of Health Care Law and Policy

No abstract provided.


Digital Regulation And The Impact On Education, Valerie Sarigumba Jan 2002

Digital Regulation And The Impact On Education, Valerie Sarigumba

Public Interest Law Reporter

No abstract provided.