Law Commons^™

Spectrum Initiative: An Insiders View, Trina Holloway

Trina Holloway

No abstract provided.

Introduction, Symposium On Developmental Disabilities And The Law, L. Lynn Hogue

L. Lynn Hogue

No abstract provided.

Recent Developments In Voucher Programs For Students With Disabilities, Wendy Hensel

Wendy F. Hensel

No abstract provided.

Vouchers For Students With Disabilities: The Future Of Special Education?, Wendy F. Hensel

Wendy F. Hensel

Many voices over the last decade have called for reform in special education in American public schools. As the number of those receiving services under the Individuals with Disabilities Education Act (“IDEA”) has grown, scholars and pundits have increasingly argued that the system not only is failing to meet the needs of many children with disabilities, but in some cases is actively causing harm to those it is intended to serve. Over the last several years, an increasing number of state legislatures have proposed or have passed laws that give children with disabilities public money to attend a private school. …

Sharing The Short Bus: Eligibility And Identity Under The Idea, Wendy Hensel

Wendy F. Hensel

This article explores the impact of the rising number of children in special education on eligibility under the Individuals with Disabilities Education Act. At the heart of the eligibility debate is the question of which children are disabled enough to qualify for protection and services under the statute. Although many scholars have evaluated the parameters of disability under the ADA, few have done so in the context of the IDEA. This article explores this issue and concludes that calls to restrict the protected class to the truly disabled, as defined to include only those children with the most severe impairments, …

Voucher Bill Ignores System Abuse, Costs, Wendy Hensel

Wendy F. Hensel

No abstract provided.

The Case For Inclusive Eligibility Under The Individuals With Disabilities In Education Act, Wendy Hensel

Wendy F. Hensel

No abstract provided.

Drug Testing Students In California – Does It Violate The State Constitution?, Floralynn Einesman

Floralynn Einesman

The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses …

Title Ix And Social Media: Going Beyond The Law, Emily Suran

Michigan Journal of Gender & Law

The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …

Alcohol And Substance Abuse In Higher Education: Suggestions For Student Affairs Professionals, Emma Charpentier, Andrew L. Cullen, Bryan Hamann, Samantha Mallory

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Legal Implications Of Student-Based Relationships In Higher Education, Lisa Brun, Zachary Inman

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski

Faculty Publications

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbullying Laws, Emily F. Suski

Faculty Publications By Year

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo

Villanova Law Review

No abstract provided.

Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto

Villanova Law Review

No abstract provided.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Faculty Scholarship

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Next Generation Science Standards, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This policy brief provides an overview of the Next Generation Science Standards (NGSS), voluntary state science standards that are intended to improve the quality of science instruction in the U.S. The brief discusses the history of science standards, the development of the NGSS and its current status, arguments for and against the standards, and the status of the NGSS in Arkansas.

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

Georgia Journal of International & Comparative Law

No abstract provided.

Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan

Georgia Journal of International & Comparative Law

No abstract provided.

Trends In Special Education Case Law: Frequency And Outcomes Of Published Court Decisions 1998-2012, Zorka Karanxha, Perry A. Zirkel

Zorka Karanxha

Executive Overview • This article determines the frequency and outcomes of published court decisions under the IDEA for students from pre-K through grade 12, starting in January 1998 and ending in October 2012. • The frequency of these decisions trended upward during the 15-year period, particularly during the most recent five-year interval. • The conclusive outcomes favored districts on a 3:1 basis both overall and on relatively consistent longitudinal basis; however, the intermediate outcomes partially ameliorated this pronounced pro-district tendency. • The Second Circuit region (New York, Vermont, and Connecticut) had the highest volume of cases, and the Tenth Circuit …

Brief Of Education Law And Educational Measurement Professors As Amici Curiae In Support Of Plaintiffs-Appellants, Cook V. Stewart, Scott R. Bauries, Brian J. Sutherland, Cheryl B. Legare

Law Faculty Advocacy

This appeal, to be decided by the United States Court of Appeals for the 11th Circuit, challenges two egregious misuses of "value-added modeling," a controversial teacher evaluation method that attempts to isolate the affect of one teacher on the learning gains of that teacher's students, as derived from annual standardized test scores. With the approval of the State Appellees, the School District Appellees used the test scores of students who took the Florida Comprehensive Assessment Test in reading and math to evaluate the teaching performance of teachers who either did not teach these students at all, or did not teach …

Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford

Georgia Journal of International & Comparative Law

No abstract provided.

Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska

Pace Law Review

In Part I, this Article briefly describes some aspects of white immigrants’ educational experience (including extracurricular involvement and parental roles), exposing how it reflects immigrants’ lack of access to the cultural capital of native-born whites. The Article exposes some unique challenges faced by Caucasian immigrants in high school, during the college application process, and in taking advantage of college opportunities that amplify social benefits. These experiences are contrasted with those of American-born students who benefit from their families’ access to social capital that enables them to take advantage of its replication in college.

Part II addresses how some of the …

The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green

Georgia Journal of International & Comparative Law

No abstract provided.

Race-Based Preferences And The Supreme Court, Charles J. Russo

Educational Leadership Faculty Publications

So-called race-conscious remedies ensure that all citizens are considered fairly and equally for employment and education opportunities. The legal status of race-conscious remedies continues to present challenges for education leaders, policymakers, and lawmakers.

I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino

Washington and Lee Law Review

In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …

Schools Of Innovation, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Act 601, passed in April 2013, allows for schools to apply to become “schools of innovation.” Accepted schools receive flexibility from certain regulations in order to facilitate the use of innovative approaches to teaching and learning. In this policy brief, we discuss the history of Act 601, similar models in other states and their results, the application and approval process, the 2014-15 schools of innovation, and the role of the Office of Innovation for Education in supporting schools of innovation.

2013-14 Arkansas Test Results, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In late July, the Arkansas Department of Education (ADE) released the 2013- 14 test score results. The following brief highlights the results of these tests, compares achievement scores over time, and provides a glimpse of regional achievement results for the following exams:  Benchmark Exam (Grades 3-8)  End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy).  Iowa Test of Basic Skills (Grades 1-9)

Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel

Journal of Undergraduate Research at Minnesota State University, Mankato

The study compares Illinois’ and Minnesota’s education fiscal policies. Illinois funds it’s education system mainly from the local level, whereas Minnesota funds it’s mainly from the state level. Thus, in Illinois, if there are discrepancies between household incomes in wealthier and poorer areas, the schools in wealthier areas would receive more money than those in poorer areas. Test scores are then compared. Illinois typically has lower scores than Minnesota. The conclusion is that Illinois’ policies are hindering their students’ learning, compared to Minnesota students, with some mixed results.

Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry Macintosh

Kerry L Macintosh

Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.

Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.

This Article argues that …