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Full-Text Articles in Education Law

Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein Dec 2017

Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein

Journal of Legislation

No abstract provided.


The Miseducation Of Welfare Reform: Denying The Promise Of Postsecondary Education, Rebekah J. Smith, Luisa S. Deprez, Sandra S. Butler Dec 2017

The Miseducation Of Welfare Reform: Denying The Promise Of Postsecondary Education, Rebekah J. Smith, Luisa S. Deprez, Sandra S. Butler

Maine Law Review

When Congress enacted “welfare reform” in 1996, decades of progress in assisting low-income mothers obtain a college education in order to escape poverty was nearly eradicated. The federal welfare reform law strongly discouraged states from incorporating postsecondary education into their welfare reform programs and focused instead on “work-first” policies. As a direct result, hundreds of thousands of low-income mothers across the country were forced to drop out of college and find jobs in order to comply with strict “work-first” welfare rules. Despite the pressure imposed by the federal law, the State of Maine persevered in its effort to make college ...


Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter Nov 2017

Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines teacher salaries in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine how teacher salaries compare to the nation and surrounding states. Further analyses examine differences in teacher salary within and between the regions of Arkansas. We identify the district factors most related to and make recommendations for utilizing this information.


Violence In Schools, Sr. Mary Angela Shaughnessy Nov 2017

Violence In Schools, Sr. Mary Angela Shaughnessy

The Catholic Lawyer

No abstract provided.


Fair Dealing On Trial, Lisa Di Valentino Nov 2017

Fair Dealing On Trial, Lisa Di Valentino

Lisa Di Valentino

Discusses and critiques Access Copyright v. York University, 2017 FC 669, a Federal Court of Canada decision that addresses fair dealing policy and practice at a major university.


Persistent Monkey On The Back Of The American Public Education System: A Study Of The Continued Debate Over The Teaching Of Creationism And Evolution, Gabriel Acri Nov 2017

Persistent Monkey On The Back Of The American Public Education System: A Study Of The Continued Debate Over The Teaching Of Creationism And Evolution, Gabriel Acri

The Catholic Lawyer

No abstract provided.


Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne Nov 2017

Education Funding In Maine In Light Of Zelman And Locke: Too Much Play In The Joints?, Sarah M. Lavigne

Maine Law Review

The United States Supreme Court has struggled with the countervailing directives of the Free Exercise Clause and the Establishment Clause for decades. One area in which this battle has been particularly contentious is the issue of public funding of religious schools. On one hand, opponents argue that such funding is an impermissible co-mingling of church and state, thereby violating the Establishment Clause. Meanwhile, proponents of public funding of religious schools argue that, to withhold funding from religious schools would place a burden on those wishing to send their children to religious schools, thereby impermissibly preventing individuals from practicing their faith ...


“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun Nov 2017

“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun

Wisdom in Education

The purpose of this mixed methods study was to explore urban African American students’ school experiences based on the aftermath of California’s Local Control Funding Formula (LCFF), focusing on achievement, engagement, and school climate. Survey data and focus groups of 62 participants were analyzed using chi-square, multiple regression, and an iterative process. Findings suggest that students desire information regarding honors courses, stronger teacher/student relationships, and fairer discipline treatment. Effective strategies and practices are recommended including the LCFF’s revisions to have specific goals for African American students.


Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson Oct 2017

Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson

Arkansas Law Review

In 2006, Jim Ryan, then a law professor, now dean of Harvard University’s School of Education, published A Constitutional Right to Preschool, a seminal article that argued that courts should require states to fund public preschools as a means of abiding by their constitutional obligations to provide all children adequate educational opportunities. Though very few courts have ever imposed such a requirement, and all but one of these rulings have been eliminated on appeal, Ryan noted the political popularity of universal preschool and a growing trend among states to provide free pre-kindergarten as grounds for optimism that courts might ...


Freedom To Provide Religious Instruction, Neil J. Foster Oct 2017

Freedom To Provide Religious Instruction, Neil J. Foster

Neil J Foster

Discusses the right of parents to send their child to special religious education at public schools in Australia, and recent attempts to restrict this right.


Education Litigation, Kevin T. Baine Oct 2017

Education Litigation, Kevin T. Baine

The Catholic Lawyer

No abstract provided.


Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli Oct 2017

Fisher V. University Of Texas At Austin: Navigating The Narrows Between Grutter And Parents Involved, Kimberly A. Pacelli

Maine Law Review

Universities’ use of race as a factor in their admissions decisions has been a divisive issue both in the legal system and in political discourse. Opponents of affirmative action have challenged racial preferences in public university admissions under the Equal Protection Clause of the Fourteenth Amendment. Individuals who find themselves denied a coveted seat in a university class and suspect that racial preferences are to blame will often challenge their rejection as a denial of their state’s “equal protection of the laws.” The United States Court of Appeals for the Fifth Circuit recently considered whether the University of Texas ...


The Law Of Collegiality: Revisiting Niagara University V. Nlrb, Rev. Carl L. Pieber Oct 2017

The Law Of Collegiality: Revisiting Niagara University V. Nlrb, Rev. Carl L. Pieber

The Catholic Lawyer

No abstract provided.


Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders Oct 2017

Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders

Maine Law Review

The law regarding free expression and students in the public schools has long been somewhat confused. An early Supreme Court vindication of student speech rights has eroded over the years. Yet, it is perhaps unclear how great the erosion has been and how much of the original recognition still stands. This has left the lower courts rather unwilling to protect school students from hate speech, at least in cases where there has not been a history of such speech leading to disruption or even violence. Only recently has there been some sign of change in that regard, with a few ...


Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan Oct 2017

Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan

Michigan Law Review

In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals at colleges and universities receiving federal funds to hear claims of sexual assault, harassment, and violence. OCR’s enforcement efforts are a laudable response to an epidemic of sexual violence on college campuses, but they have faced criticism from administrators, law professors, and potential members of the Trump Administration. This Note suggests ways to alter current Title IX enforcement mechanisms to placate critics and to maintain OCR enforcement as a ...


Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein Oct 2017

Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein

Dissertations

Like many southern states, South Carolina has a history permeated by issues related to race, equity, and educational opportunity. As early as the 1949 South Carolina court case, Briggs v. Elliott, South Carolina has had to address issues of equity and educational opportunity among its disenfranchised and marginalized citizenry. More than 60 years later, in Abbeville County School District et al. v. the State of South Carolina et al., sectors of rural South Carolina, predominantly black and poverty laden, would unite and engage in a legal battle with the State over equity in public education and by judicial mandate, be ...


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler Sep 2017

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman Sep 2017

From Student-Athletes To Employee-Athletes: Why A "Pay For Play" Model Of College Sports Would Not Necessarily Make Educational Scholarships Taxable, Marc Edelman

Boston College Law Review

In recent years, numerous commentators have called for the National Collegiate Athletic Association (“NCAA”) to relax its rules prohibiting athlete pay. This movement to allow athletes to share in the revenues of college sports arises from the belief that college athletes sacrifice too much time, personal autonomy, and physical health to justify their lack of pay. It further criticizes the NCAA’s “no pay” rules for keeping the revenues derived from college sports “in the hands of a select few administrators, athletic directors, and coaches.” Nevertheless, opponents of “pay for play” contend that several problems will emerge from lifting the ...


Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C. Sep 2017

Esea Title I Litigation - Update, Charles H. Wilson, Esq., Williams & Connolly, Washington, D.C.

The Catholic Lawyer

No abstract provided.


Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel Sep 2017

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and ...


Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo Aug 2017

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Michael Waggoner

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal with ...


You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz Aug 2017

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.


Martin Luther King, Jr. Lecture - "It's Set Up For Failure… And They Know This!": How The School-To-Prison Pipeline Impacts The Educational Experiences Of Street Identified Black Youth And Young Adults, Yasser Arafat Payne, Tara Marie Brown Jul 2017

Martin Luther King, Jr. Lecture - "It's Set Up For Failure… And They Know This!": How The School-To-Prison Pipeline Impacts The Educational Experiences Of Street Identified Black Youth And Young Adults, Yasser Arafat Payne, Tara Marie Brown

Villanova Law Review

No abstract provided.


A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson Jul 2017

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born Jul 2017

National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born

Indiana Law Journal

No abstract provided.


The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp Jul 2017

The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

This brief essay considers the use of antitrust’s rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O’Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the “amateur” status of collegiate athletes. Within that rubric, the Ninth Circuit got the right answer.

That outcome leads to a broader question, however: should the NCAA’s long held goal, frequently supported by the courts, of preserving athletic amateurism be jettisoned? Given the dual role that colleges play, that is a ...


G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson Jul 2017

G.G. Ex Rel. Grimm V. Gloucester County School Board: Broadening Title Ix’S Protections For Transgender Students, Sam Williamson

Maryland Law Review

No abstract provided.


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani Jun 2017

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton Jun 2017

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene Jun 2017

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.