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Articles 1 - 24 of 24
Full-Text Articles in Law
Policy Over Publicity: Evaluating Andrew Cuomo's 'Outrageoulsy Ambitious And Irrefutably Smart' Education Spending Dilemma, Colin Mckillop
Policy Over Publicity: Evaluating Andrew Cuomo's 'Outrageoulsy Ambitious And Irrefutably Smart' Education Spending Dilemma, Colin Mckillop
Journal of Civil Rights and Economic Development
(Excerpt)
For low- and middle-income high school students in New York, the prospect of attending college, especially on a full-time basis, has become increasingly bleak in recent years; tuition and other attendance costs continue to grow without a rise in education quality, “sixty-one percent of students graduate with college debt,” and debt held at graduation is increasing at “almost double the rate of inflation.” Thus, such students and their families were likely ecstatic on January 3, 2017, when Andrew Cuomo, the former Governor of New York, held an aggrandizing press conference to highlight the “1st signature proposal of his 2017 …
Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard Demaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short
Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard Demaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short
Hofstra Law Student Works
This Report, authored by a small group of third-year law students under the guidance of Professor Robin Charlow, focuses on the controversial issue of tying teacher evaluations to student performance on state assessments, specifically, as this practice has been applied under New York State law. First, we provide a brief history of the federal and state laws that have resulted in the implementation of this practice. We then examine the arguments both for and against using student performance on state assessments as a measure of teacher effectiveness, assess all options for amending or abolishing the practice, and propose one procedural …
Matter Of Kevin M., Donna A. Napolitano
Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina
Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina
Journal of Law and Policy
Title IX requires colleges to investigate and adjudicate allegations of sexual assault between students. New York State has recently passed a new law called “Enough is Enough,” which strengthens Title IX’s requirements. However, neither Title IX nor “Enough is Enough” provides strict guidelines for the procedures colleges must use when adjudicating complaints. This means that colleges across New York employ different procedures and offer different sets of rights to their students. After examining federal and state law, some examples of college procedures and the effects they have on students, this Note concludes that “Enough is Enough” must be amended to …
When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson
When School Is Not In Session: How Student Drug Testing Can Transform Parenting, Amanda R. Lamberson
Touro Law Review
This comment focuses on a growing trend in today's schools: requiring drug tests. A focus is given both to the judiciary's role in this matter and the Legislature's passage of New York Education Law section 912-a, 10 which regulates student drug testing and urine analysis.
Monopoly Pricing On Campus: New York's Textbook Access Act, Gary Minda
Monopoly Pricing On Campus: New York's Textbook Access Act, Gary Minda
Pace Law Review
No abstract provided.
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
Fordham Urban Law Journal
This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
Michigan Journal of Race and Law
After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class …
A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott
A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott
University of Michigan Journal of Law Reform
The Internal Revenue Code provides guidelines for states to create and maintain college tuition savings programs which offer federal tax benefits to investors. Several states have enacted tuition savings plans in accordance with these guidelines. In addition to the federal tax benefits allowed, New York offers a state tax deduction to New York residents who invest in its plan, the New York College Choice Tuition Savings Program. New York does not offer the deduction, however, to residents who invest in comparable programs offered by other states. The tax deduction thus creates an incentive for residents to invest in the in-state …
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
Scholarly Works
No abstract provided.
Pre-Emption Of Local Law By State Legislature
New York City School Decentralization, Barry D. Hovis
New York City School Decentralization, Barry D. Hovis
University of Michigan Journal of Law Reform
The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …
The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice
The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice
Journal Articles
In summary, it is fair to say that to regard the rule of the Judd case as retaining its original vitality would be to lend undue credence to an erroneous construction of the 1938 amendment to Section 3 of Article XI of the New York State Constitution. For, although that amendment provided only for transportation of pupils, it should be construed in its true light as a reaction to the Judd decision which called it forth. As such it specifically validated only the provision of transportation which the legislature had enacted in 1936 and which the Judd Court had nullified. …
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook
Michigan Law Review
A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer's action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff's prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. …