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Articles 1 - 7 of 7
Full-Text Articles in Law
Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone
Ferpa Close-Up: When Video Captures Violence And Injury, Richard J. Peltz-Steele, Kitty L. Cone
Faculty Publications
Federal privacy law is all to often misconstrued or perverted to preclude the disclosure of video recordings that capture students victimized by violent crime or tortious injury. This misuse of federal law impedes transparency and accountability and, in many cases, even jeopardizes the health, safety, and lives of children. When properly construed, however, federal law is no bar to disclosure and, at least in public schools, works in tandem with freedom of information laws to ensure disclosure. This Article posits that without unequivocal guidance from federal administrative authorities, uncertainty regarding the disclosure of such recordings will continue to linger, jeopardizing …
It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew
It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew
Faculty Publications
Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through decision making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This essay addresses change in light of campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay will …
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Faculty Publications
Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.
Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard
Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard
Faculty Publications
Children in foster care encounter numerous obstacles to educational success. Among these is exclusion from school, the significance of which cannot be overstated. Multiple studies have revealed both anecdotal and statistical links between suspension and failure to graduate. Recognizing that children have protected interests in their education, in 1975 the United States Supreme Court established that students facing even short suspensions from school are entitled to due process. Children in foster care, however, are rarely in a position to ensure that their due process rights, including the right not to be excluded from school arbitrarily, are protected adequately. Given the …
Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach
Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach
Faculty Publications
Important education reform litigation is often undertaken by lawyers with admirable intentions. It is too easy, however, particularly in the context of large, enduring, complex litigation where it is difficult to identify the class, much less name and pursue the class's goals, to lose sight of the client-lawyer relationship and the significance of client autonomy. Several recent lawsuits concerning the enforceability of No Child Left Behind exemplify issues that arise in class representation. In devising legal strategies, lawyers must balance the need to address clients' immediate problems with the pursuit of longer-term strategies for change, such as organization and mobilization. …
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
Faculty Publications
Despite the U.S. Supreme Court's recognition in 1954, in Brown v. Board of Education, that education is of paramount importance, six million middle and high school students are still in danger of being left behind. Less than seventy-five percent of eighth graders, fifty percent in urban schools, are graduating from high school within five years. Advocates for educational equity have appealed to the courts, achieving limited success. They have also turned to the legislature, which most recently enacted the No Child Left Behind Act of 2001 ("NCLB"). Thus far, however, the federal government has not enforced NCLB adequately. This …
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Faculty Publications
Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …