Education Law Commons^™

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …

Ways To Make Cybersecurity Education/Opportunities More Accessible In The Philippine Public School System, Joshua Oania

Cybersecurity Undergraduate Research Showcase

This paper will examine how the Philippines can make cybersecurity education more accessible in their public school system. The solutions it proposes include making cybersecurity a part of the school curriculum, creating summer/internship programs for Junior and Senior High School students in multiple different areas within cybersecurity, and providing basic infrastructure and resources for students to meet their educational needs and aspirations.

Special Education: Inclusion And Exclusion In The K-12 U.S. Educational System, Erik Brault

Dissertations

The U.S. Department of Education defines students with disabilities as those having a physical or mental impairment that substantially limits one or more life activities. Previous research has found that students with disabilities placed in inclusive environments perform better academically and socially compared to students with disabilities who are placed in segregated environments. Yet, we know that inclusion in K-12 general education classrooms across the country is not consistently implemented.

The purpose of this study was to better understand the effects, if any, of general education high school teachers’ personal and professional experiences and knowledge on their attitudes toward educating …

Reforming Illinois K-12 Public Education Through A Four-Pronged Approach, Seth Brooks

Senior Honors Theses

Public education in the United States has produced lackluster results in the past decades. Various forms of school choice have emerged in recent years to combat the poor results seen in the public education system, but these private schools are financially unattainable for many Americans. Bureaucratic overload, city corruption, inequities in funding, and frequent teachers’ strikes have certainly contributed to the destitute state of Illinois’ public education. In this thesis, the attainability of fiscal relief for Illinois families who choose alternative education and the necessity of the state in permitting such alternatives is discussed.

Current school choice policies in the …

Equitable Funding For Trauma Informed Social Policy: A Critical Analysis Of The 2019-2020 Pennsylvania Department Of Education School Safety And Security Grant Program, Heather Bickley

West Chester University Doctoral Projects

This study is a critical analysis of the funding distribution of the 2019-2020 Pennsylvania Commission on Crime and Delinquency (PCCD) School Safety and Security Grant (SSSG) to identify if there is evidence of inequity in the grant's funding distribution. It used a theoretical framework that includes a transformative paradigm with trauma informed social policy as a theoretical lens, with the conceptual lenses education debt and distributive justice, applied to a concurrent mixed methods design. The research followed a QuantCrit methodology, and the features of a critical policy analysis were used to present the findings.

The quantitative tests found several significant …

Science, Technology, Engineering, And Mathematics (Stem) Project-Based Learning (Pbl) Education: A New Mexico Case Study For Equity And Inclusion, Kimberly A. Scheerer

Teacher Education, Educational Leadership & Policy ETDs

This research addresses how student participation in Science, Technology, Engineering, and Mathematics (STEM) project-based learning (PBL) education activities encourages underrepresented minority student achievement in STEM career field trajectories. Seven New Mexico high school counselors and 12 STEM organization personnel were interviewed during this study. Their responses represent the nuanced professional voices where New Mexico public education intersects with STEM student interest and cultural influence.

For students, STEM PBL can foster deep integration across educational disciplines and enhance STEM career trajectory interest and readiness. STEM education converged with PBL methodologies has the ability to leverage community support while broadening student networks. …

Remote Learning - The Future Of Education: Effective Instructional Strategies Used By Parent Educators And Recommendations For Building Capacity, Raelene Ferguson Haugen

Dissertations

Purpose: The purpose of this mixed methods Delphi study was to identify the remote learning instructional strategies used by expert Southern California parent educators for implementing the anticipatory set, modeling, checking for understanding, and guided practice elements of Madeline Cheek Hunter’s Instructional Theory Into Practice (ITIP) framework. The study sought to identify how expert Southern California parent educators rated the effectiveness of the remote learning instructional strategies in the aforementioned elements of Hunter’s ITIP framework. Additionally, the purpose was to generate recommendations from expert Southern California parent educators to build capacity in the identified effective instructional strategies.

Methodology: The classical …

A Q&A With Homeschooling Reform Advocates Elizabeth Bartholet And James Dwyer, Elizabeth Bartholet, James Dwyer

Popular Media

Elizabeth Bartholet, Morris Wasserstein Public Interest Professor and Faculty Director of the Child Advocacy Program (CAP), and James Dwyer, the Arthur B. Hanson Professor of Law at William & Mary Law School, were interviewed by Harvard Law Today about their virtual conference titled, Homeschool Summit: Problems, Politics, and Prospects for Reform. The June event was attended by leaders in education and child welfare policy, legislators and legislative staff, academics and policy advocates, medical professionals, homeschooling alumni, and others, to discuss children’s rights in connection with homeschooling in the United States.

The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America's Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha

University Honors Theses

A comparison of the Elementary and Secondary Education Act (ESEA) of 1965 and the Improving America’s Schools Act (IASA) of 1994 within the time period they were written in, and contextualizing them historically to discuss their failures and successes. This thesis will examine how they were shaped on a national level by politicians and political activists to create a more equitable system so that funding was beneficial to all students. Education policy formed itself to funding and student achievement as achievement was what determined funding.

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Supporting Our Troops In Higher Education: Veteran Admissions Training Program, Steven Delgado

Master's Theses

An overview of a Veteran Admissions Training Manual for a California State University campus.

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the …

Desegregating Schooling In Hartford, Connecticut: The 1996 Sheff V. O’Neill Court Case And Two Decades Of Integration Policy, Adam Bloom

Senior Theses and Projects

No abstract provided.

The Implied Promise Of A Guaranteed Education In The United States And How The Failure To Deliver It Equitably Perpetuates Generational Poverty, Anjaleck Flowers

Mitchell Hamline Law Review

No abstract provided.

Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer

Minnesota Journal of Law & Inequality

No abstract provided.

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article concludes that …

The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor

Faculty Publications

We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing …

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

Arbitration Law Review

No abstract provided.

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

A Tale Of Two Court Cases: Analyzing Public Responses To School Finance Decisions In Connecticut, Briana Casey

Senior Theses and Projects

Connecticut has long struggled with the structure of school finance at the K-12 level. Over the past 45 years, the states' battles with reform have become even more apparent following two court cases, Horton v. Meskill (1977) and CCJEF v. Rell (2016). My study compares public responses to both case rulings and analyzes what these differentiations signify for state education reformers. The responses I analyzed are from individuals, such as parents, school board members, reform advocates, education lawyers, teachers, school administrators, and students. The findings show that differences in public responses illustrate an increase in the complexity of the cases …

The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen

Dissertations, Theses, and Capstone Projects

Charter school proliferation has disproportionately affected Black urban neighborhoods and the debate about the relationship between racial educational equity and enhanced public school choice through charters has created dissension and discord in scholarship and across Black politics, educational organizing efforts, neighborhoods, and school communities. This study is an interpretive policy analysis of the effects of charter school policy on the elementary school choice preferences and experiences of twenty Black parents living in predominately low-income and racially segregated Black Brooklyn neighborhoods where charter schools are disproportionately concentrated. It was designed to identify disparities between the values and goals of school choice …

Positive Education Federalism: The Promise Of Equality After The Every Student Succeeds Act, Christian Sundquist

Articles

This Article examines the nature of the federal role in public education following the recent passage of the Every Student Succeeds Act in December 2015 (“ESSA”). Public education was largely unregulated for much of our Nation’s history, with the federal government deferring to states’ traditional “police powers” despite the de jure entrenchment of racial and class-based inequalities. A nascent policy of education federalism finally took root following the Brown v. Board decision and the enactment of the Elementary and Secondary School Act (“ESEA”) with the explicit purpose of eradicating such educational inequality.

This timely Article argues that current federal education …

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn

Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer

All NMU Master's Theses

How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are few …

Insulin Administration In Catholic Schools: A New Look At Legal And Medical Issues, Mike Huggins

Journal of Catholic Education

Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge—legally and logistically—for many Catholic schools. District officials, school leaders, and school staff need support to understand the complexities of the disease and its treatments, as well as the laws that govern how non-medical school staff can intervene in normal and emergency situations. The goals of this article are: (a) to explore the current state of the legal and medical issues regarding non-RN administration of insulin to minor students …

The Establishment Clause, School Choice, And The Future Of Catholic Education, Matthew P. Cunningham

Journal of Catholic Education

This article reviews several recent court cases at the federal and state levels related to school choice initiatives in the United States. Through this review, the article sheds light on the enduring question of whether these programs are unlawful bonds between church and state. The review includes details about choice programs that exist (or have existed in the past) in the states where the cases originated: Ohio, Washington, Indiana, Arizona, and Colorado. Following this review, the article examines relevant, large-scale evaluations of choice programs and concludes with a discussion of the place of Catholic education in the school choice movement.

Clarifying The Public-Private Line: Legal And Policy Guidance For Catholic-Affiliated Charter Schools, Kari A. Carr, Janet Decker

Journal of Catholic Education

In the past fifty years, the share of students enrolled in U.S. Catholic schools has declined from approximately 12% to 3%. In reaction, many urban Catholic schools have closed and subsequently reopened as public charter schools in order to receive governmental funding and to increase enrollment. As public schools, these Catholic-affiliated charter schools now face a complex set of legal and practical challenges. This article presents empirical research on Catholic-affiliated charter schools, and the legal issues facing them as well as the wider category of religiously-affiliated charter schools. The authors conclude by answering a number of questions that Catholic school …

Introduction To The Focus Section: Law And Catholic Schools, Sr. Mary Angela Shaughnessy

Journal of Catholic Education

Introduction to the Focus Section

A Primer On Charter Schools And The Law, Charles J. Russo

Educational Leadership Faculty Publications

The charter school movement began in 1991, when Minnesota enacted the first law authorizing their creation. To date, 41 states plus the District of Columbia and Puerto Rico permit the creation of charter schools, according to the National Charter School Resource Center (n.d.).

Charter schools, public schools of choice, are usually operated as not-for-profit institutions independently or occasionally in conjunction with public organizations, such as colleges and universities. As such, they have generally survived challenges to their constitutionality.

This column provides a primer for education leaders on the legal basics associated with the operations of charter schools. It does not …

Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin

Doctoral Dissertations and Projects

In an effort to support school leaders in policy development, this research is an evaluation of jurisprudence related to student use of personal handheld devices. The qualitative legal analyses of 15 recent court cases representing both federal and state jurisdictions were analyzed to determine patterns and trends within the decisions of the courts. The researcher sought to identify the following: The way the U.S. courts addressed the balance between students' civil liberties and the interest of school officials in maintaining and operating safe, orderly, efficient, and effective learning environments. The identifiable trends within the legal cases related to student use …