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Articles 1 - 30 of 101
Full-Text Articles in Education Law
Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley
Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley
Loyola University Chicago Law Journal
Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
Loyola University Chicago Law Journal
This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …
Families, Schools, And Religious Freedom, Helen M. Alvaré
Families, Schools, And Religious Freedom, Helen M. Alvaré
Loyola University Chicago Law Journal
Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
The New Tipping Point: Disruptive Politics And Habituating Equality, Sarah E. Waldeck, Rachel D. Godsil
Faculty Publications & Other Works
This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet
Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet
Faculty Publications & Other Works
Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance--for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school--an institution conceived primarily for the …
Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant
Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant
Loyola University Chicago Law Journal
It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …
Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson
Just Another School: The Need To Strengthen Legal Protections For Students Facing Disciplinary Transfers, Miranda Johnson
Faculty Publications & Other Works
Over the past decade, there has been increasing national, state, and local attention focused on the negative impacts of school expulsion and suspension. As a result of the well-documented and long-standing research showing the harm to students of exclusionary school discipline practices, states and school districts have begun reforming their policies and practices to limit the use of suspensions and expulsions. Many of these new reforms, however, have not included changes to provisions in state law and district policies allowing for students to be transferred from their neighborhood schools to alternative schools for disciplinary reasons. In this article, we argue …
‘We Can't Tolerate That Behavior In This School!’: The Consequences Of Excluding Children With Behavioral Health Conditions And The Limits Of The Law, Kate Mitchell
Faculty Publications & Other Works
The disciplinary exclusion of children with behavioral health conditions is rampant in public schools in the United States. The practice of suspending and expelling students with behavioral challenges, caused in part by a lack of understanding of the causes of children's behavioral challenges and failures by schools to implement appropriate behavioral supports and interventions, results in the isolation and segregation of some of the most vulnerable students. Research has clearly established that these exclusionary practices are ineffective both in addressing behavioral challenges and in keeping schools safer. In fact, disciplinary removals result in lost educational opportunities, increased dropout risk, criminal …
Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson, Pamela A. Fenning
Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson, Pamela A. Fenning
Faculty Publications & Other Works
No abstract provided.
School Shooting Simulations: At What Point Does Preparation Become More Harmful Than Helpful?, Lauren Rygg
School Shooting Simulations: At What Point Does Preparation Become More Harmful Than Helpful?, Lauren Rygg
Children's Legal Rights Journal
No abstract provided.
The Strained Dynamic Of The Least Restrictive Environment Concept In The Idea, Bonnie Spiro Schinagle, Marilyn J. Bartlett
The Strained Dynamic Of The Least Restrictive Environment Concept In The Idea, Bonnie Spiro Schinagle, Marilyn J. Bartlett
Children's Legal Rights Journal
No abstract provided.
Spotlight On: School Violence Prevention, Paige Steffen
Spotlight On: School Violence Prevention, Paige Steffen
Children's Legal Rights Journal
No abstract provided.
Opposing Viewpoints: Preparing Students, Teachers, And The Community For School Shootings: Saving Lives With Active Shooter Simulations, Michael Gubiotti
Opposing Viewpoints: Preparing Students, Teachers, And The Community For School Shootings: Saving Lives With Active Shooter Simulations, Michael Gubiotti
Children's Legal Rights Journal
No abstract provided.
Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale
Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale
Loyola Consumer Law Review
No abstract provided.
United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton
Loyola University Chicago Law Journal
The False Claims Act (“FCA”) is the government’s primary tool in combatting procurement fraud. It allows the United States to litigate cases alleging fraudulent claims against governmental entities, and also allows whistleblowers (called relators) to bring such cases, litigate them on behalf of the government, and collect a share of the proceeds. The viability of the FCA depends on its ability to encourage whistleblowers to come forward and report fraud committed by contractors with the government. One limitation on whistleblowers’ ability to litigate FCA cases is the so-called public-disclosure bar, which bars claims that have been publicly exposed.1 This bar …
Around The World: America Ahead Of The Curve With Discussion Around Least Restrictive Environment: Education Rights For Children With Disabilities Around The World, Elise Harmening
Children's Legal Rights Journal
No abstract provided.
Education Connection: A Prison To School Pipeline: Preparing Incarcerated Youth For Reentry Into Society And Public School, Jade Gary
Children's Legal Rights Journal
No abstract provided.
Vergara V.State Of California:Judicial Aboliton Of Teacher Tenure?, Perry A. Zirkel
Vergara V.State Of California:Judicial Aboliton Of Teacher Tenure?, Perry A. Zirkel
Public Interest Law Reporter
No abstract provided.
Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder
Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder
Loyola University Chicago Law Journal
Sexual assault is a pervasive problem on college campuses, yet colleges and universities are frequently criticized for their failure to address it. As a result, Congress passed the Campus Sexual Violence Elimination Act (“Campus SaVE Act”) in 2013. The Campus SaVE Act aims to address the unique needs of victims of sexual assault on college campuses by adding much needed protections for students, such as mandating increased reporting of crime statistics. Moreover, the Act helps students by requiring schools to create plans to prevent this violence, to educate victims on their rights and resources, and to detail processes that are …
Opposing Views: The Divide In Public Education Funding – Property Tax Revenue, Magda Derisma
Opposing Views: The Divide In Public Education Funding – Property Tax Revenue, Magda Derisma
Children's Legal Rights Journal
No abstract provided.
Education Connection: Financial Education Leads To Better Financial Decisions, Lauren Goyette
Education Connection: Financial Education Leads To Better Financial Decisions, Lauren Goyette
Children's Legal Rights Journal
No abstract provided.
A Path To Citizenship Through Higher Education For Undocumented Students In The United States: Examining The Implications Of Martinez V. The Regents Of The University Of California, Diana Moreno
Children's Legal Rights Journal
No abstract provided.
Interview With: An American Dreamer Shaping The Land Of Opportunity, Thalia Roussos
Interview With: An American Dreamer Shaping The Land Of Opportunity, Thalia Roussos
Children's Legal Rights Journal
No abstract provided.
Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh
Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh
Children's Legal Rights Journal
No abstract provided.
Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl
Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl
Loyola University Chicago Law Journal
This Article is about “madness” in higher education. In Mad at School: Rhetorics of Mental Disability and Academic Life, Professor Margaret Price analyzes the rhetoric and discourse surrounding mental disabilities in academia. In this Article, I place Price’s work in a legal context, discussing why the Americans with Disabilities Act fails those with mental illness and why reform is needed to protect them. My own narrative as a law professor with Borderline Personality Disorder frames my critique. Narratives of mental illness are important because they help connect those who are often stigmatized and isolated due to mental illness and …
Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones
Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones
Public Interest Law Reporter
No abstract provided.
Education Connection: The Chilling Effects Of Student Immigration Tracking Systems Violate Plyler, Dan Baczynski
Education Connection: The Chilling Effects Of Student Immigration Tracking Systems Violate Plyler, Dan Baczynski
Children's Legal Rights Journal
No abstract provided.
In Or Out: States Offer Different Tuition Rates Based On Citizenship, Michael J. Lorden
In Or Out: States Offer Different Tuition Rates Based On Citizenship, Michael J. Lorden
Public Interest Law Reporter
No abstract provided.
Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell
Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell
Public Interest Law Reporter
No abstract provided.
A Broken American Dream: The Current State Of U.S. Immigration Laws And Its Adverse Effect On Students, Education, And The Economy, Sabena Auyeung
A Broken American Dream: The Current State Of U.S. Immigration Laws And Its Adverse Effect On Students, Education, And The Economy, Sabena Auyeung
Public Interest Law Reporter
No abstract provided.