Education Law Commons^™

Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley

West Virginia Law Review

No abstract provided.

Covid, Contracts, And Colleges, John K. Setear

West Virginia Law Review

No abstract provided.

In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble

West Virginia Law Review

Public school advocates in West Virginia have long voiced sharp criticism over the state's funding of education-and justifiably so. Although more than one in four West Virginia children live in poverty, the state's school funding formula does not account for the increased costs associated with educating low-socioeconomic status ("SES") students. As a result, low-SES students are not receiving a constitutionally adequate and equitable education, by the state's own standards.

Now, in the wake of COVID-19, with mounting costs and challenges, allegations of "inadequacy" and "inequity" abound. Ifpast is prologue, districts that serve high concentrations of low-SES students will be the …

Separate But Free, Joshua E. Weishart

Law Faculty Scholarship

“Separate but equal” legally sanctioned segregation in public schools until Brown. Ever since, separate but free has been the prevailing dogma excusing segregation. From “freedom of choice” plans that facilitated massive resistance to desegregation to current school choice plans exacerbating racial, socioeconomic, and disability segregation, proponents have venerated parental freedom as the overriding principle.

This Article contends that, in the field of public education, the dogma of separate but free has no place; separate is inherently unfree. As this Article uniquely clarifies, segregation deprives schoolchildren of freedom to become equal citizens and freedom to learn in democratic, integrated, …

"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich

West Virginia Law Review

No abstract provided.

Foreword: Pauley - And "The Recht Decision" - At Forty, John E. Taylor

West Virginia Law Review

No abstract provided.

A Legal Mandate That Authorizers Consider Fiscal And Other Impacts Of Charter School Expansion, Susan L. Dejarnatt

West Virginia Law Review

No abstract provided.

On Race, Teacher Activism, And The Right To Work: Historicizing The "Red For Ed" Movement In The American South, Jon N. Hale

West Virginia Law Review

No abstract provided.

The Compromised Right To Education, Joshua Weishart

Law Faculty Scholarship

No abstract provided.

Aligning Education Rights And Remedies, Joshua Weishart

Law Faculty Scholarship

Over the course of five decades and three waves of litigation, courts have approved remedies under the state constitutional right to education that demand more equitable and adequate funding of public schools. Scholars have urgently called for a 'fourth wave" of litigation seeking remedies beyond money: racial and socioeconomic integration, school choice, universal preschool, and teacher tenure reform, just to name a few. Desperate for progress and to escape the incessant rut of school funding battles, advocates have, in turn, initiated lawsuits seeking a broader range of remedies. If this strategy induces a fourth wave, advocates will encounter a beleaguered …

Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn

West Virginia Law Review

No abstract provided.

Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum

West Virginia Law Review

No abstract provided.

Reconstituting The Right To Education, Joshua Weishart

Law Faculty Scholarship

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.

Deconstructed, the right to education held by children has been formulated doctrinally as both a …

Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson

West Virginia Law Review

No abstract provided.

Special-Education Litigation: An Empirical Analysis Of North Carolina's First Tier, Lisa Lukasik

West Virginia Law Review

No abstract provided.

Transcending Equality Versus Adequacy, Joshua Weishart

Law Faculty Scholarship

A debate about whether all children are entitled to an "equal" or an "adequate" education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on.

Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood to require a level of spending sufficient to satisfy some absolute, rather than relative, educational threshold In practice, however, many courts interpreting their states' constitutional …

Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps

West Virginia Law Review

No abstract provided.

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.

Tinker And Viewpoint Discrimination, John E. Taylor

Law Faculty Scholarship

No abstract provided.

"Bull's Eye": How Public Universities In West Virginia Can Creatively Comply With Title Ix Without The Targeted Elimination Of Men's Sports Teams, Ryan T. Smith

West Virginia Law Review

No abstract provided.

Citizens Without Statehood: Denying Domicile To Fund Public Higher Education, Michael Llewellyn

West Virginia Law Review

No abstract provided.

Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem

West Virginia Law Review

No abstract provided.

A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart

West Virginia Law Review

No abstract provided.

Being Choosy: An Analysis Of Public School Choice Under No Child Left Behind, Abigail Aikens

West Virginia Law Review

No abstract provided.

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.

Brown V. Board Of Education In West Virginia, Nelson R. Bickley

West Virginia Law Review

No abstract provided.

Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"

West Virginia Law Review

No abstract provided.

Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss

West Virginia Law Review

No abstract provided.

An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy

West Virginia Law Review

No abstract provided.