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Full-Text Articles in Law

Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard Jan 2011

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 ...


Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker Jan 2011

Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon Jan 2011

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.


Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams Jan 2011

Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams

Faculty Publications

The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference ...