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Articles 31 - 60 of 241
Full-Text Articles in Education Law
The (White) Washing Of American History
The (White) Washing Of American History
Florida A & M University Law Review
In 2019, the New York Times Magazine released a special issue of its magazine, called the 1619 Project, entirely dedicated to reframing the founding of America and placing the consequences of slavery and the contributions of Black Americans as central to America. The 1619 Project quickly became a national lightning rod—the book version of the project reached the top 100 on the bestseller lists of Amazon.com and Barnes&Noble.com more than a month before its release date, and several states responded by banning the teaching of The 1619 Project in schools. Bans on teaching The 1619 Project have erroneously referred to …
Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall
Catholic University Journal of Law and Technology
No abstract provided.
Sb 226: Amendments To The Quality Basic Education Act, Katie Drees, Lauren George
Sb 226: Amendments To The Quality Basic Education Act, Katie Drees, Lauren George
Georgia State University Law Review
The Act requires each local board of education to adopt a complaint resolution process to be used by its local school system to address parents’ or permanent guardians’ complaints alleging that harmful material has been provided or is currently available to a minor student.
Hb 1084: Protect Students First Act, Rebecca Rhym, Dori Butler
Hb 1084: Protect Students First Act, Rebecca Rhym, Dori Butler
Georgia State University Law Review
The Act prohibits local school systems, charter schools, and their employees from teaching or advocating for divisive concepts as defined in the Act. Training programs for teacher certification by the Professional Standards Commission may not advocate for such divisive concepts. The Act also implements a complaint resolution policy for aggrieved parent(s), students, or school employees that allows them to appeal decisions to the State Board of Education, which can ultimately require local school systems to adopt a corrective action plan upon a finding of a violation of the Act. Local school systems that fail to adopt the corrective action plan …
It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati
It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati
Notre Dame Law Review
This Note will argue that, when looking at the quality of a school district, there is some theoretical threshold that determines whether the use of local property tax and zoning by a local government will be effective in increasing the quality of the locality’s schools. This theoretical threshold is conceptually akin to the basic economic idea of a poverty trap. If a locality’s schools are above this quality threshold, the corresponding local government will be able to effectively utilize property taxes and zoning to increase the quality of its schools. However, if it is below the threshold, the local government …
Labor And Employment—Not Waiting For Superman: Collective Bargaining As An Affirmation Of Teachers' Value, Christopher Yeatman
Labor And Employment—Not Waiting For Superman: Collective Bargaining As An Affirmation Of Teachers' Value, Christopher Yeatman
University of Arkansas at Little Rock Law Review
No abstract provided.
Education, Antidomination, And The Republican Guarantee, Kip M. Hustace
Education, Antidomination, And The Republican Guarantee, Kip M. Hustace
William & Mary Bill of Rights Journal
This Article offers a new interpretation of the United States Constitution’s republican guarantee and theorizes its protection of a fundamental right to education. Courts and education law scholars have identified the republican guarantee as a plausible source of educational rights but have not detailed how. Drawing on recent work by legal scholars, historians, political scientists, and philosophers, this Article reinterprets the guarantee as the federal government’s obligation to secure freedom as nondomination, and it argues that excellent, equitable public education is necessary to fulfilling this duty. Nondomination, a robust conception of freedom, is freedom from subjection to the will of …
Constitutional Law—Fourth Amendment Search And Seizure—Online Schools During A Pandemic: Fourth Amendment Implications When The State Requires Your Child To Turn On The Camera And Microphone Inside Your Home, Conan N. Becknell
University of Arkansas at Little Rock Law Review
No abstract provided.
Special Education No Man's Land, Adrián E. Alvarez
Special Education No Man's Land, Adrián E. Alvarez
St. John's Law Review
(Excerpt)
Since 2014, unaccompanied immigrant children have migrated to the United States in staggering numbers. The vast majority come from the Northern Triangle countries of Central America—El Salvador, Guatemala, and Honduras—and many are fleeing some of the highest homicide rates in the world. Immigration lawyers have highlighted many problems with the federal regime that cares for these children before they are released to family members or other adults living in the United States while their immigration cases move forward. Yet there is one group of unaccompanied minors that is not even on the radar of many advocates: unaccompanied children with …
Educational Adequacy Challenges: The Impact On Minnesota Charter Schools, Wendy Baudoin
Educational Adequacy Challenges: The Impact On Minnesota Charter Schools, Wendy Baudoin
Mitchell Hamline Law Review
No abstract provided.
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Indiana Law Journal
The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
Maine Law Review
The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
University of Massachusetts Law Review
It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. …
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
BYU Education & Law Journal
Our Nation overwhelmingly supports sexual education in public
schools. A study by Siecus found that 98% of people surveyed support
sexual education in public high schools and 89% in public middle
schools. Unfortunately for some students, they will receive no sexual
education of very limited, ineffective sexual education, simply because
of where they live. Even if a student is fortunate to live in an
area which has or requires sexual education, this education may be
insufficient.
There have been countless advocates for sexual education.
With the rise of each new sexual education concern, advocates emerge
as if in waves. Most …
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
BYU Education & Law Journal
The topic of this legal analysis is the administration of medical
marijuana to students attending Colorado K-12 public schools.
Colorado has been a pioneer in legalizing the use of marijuana. Beginning
in the year 2000, Colorado voters approved Amendment 20
legalizing the use of marijuana for medical purposes. This law specifically
allows minors to receive a prescription for medical marijuana
under certain conditions. An unintended consequence of this law
is that minors meeting its requirements are requesting, along with
their caregivers and physicians, to have marijuana-based medication
administered to them at schools. The purpose of this legal analysis
is to …
Implementing A Uniform Burden Of Proof For Title Ix Coordinators During The Investigation Stage: An Objective And Efficient Approach To Title Ix, Sara Krastins
St. John's Law Review
(Excerpt)
Imagine it is 1972. Congress just enacted Title IX of the Education Amendments, and it is signed into law by President Nixon. For the first time in United States history, legislators recognize sex discrimination as a pervasive issue in educational environments. The law is enacted with the purpose of ending sex discrimination in college sports; for the first few years, that is the only purpose Title IX serves.
Gradually, Title IX expands into the realm of sexual and interpersonal violence on college campuses. Yet despite the law’s expansion, compliance with Title IX is neglected. No entity actively monitors schools’ …
Mediation In Education For Foster Care, Anelise Powers
Mediation In Education For Foster Care, Anelise Powers
Pepperdine Dispute Resolution Law Journal
There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.
Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades
Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades
American University Business Law Review
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala
Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala
Northwestern Journal of Law & Social Policy
In its 1982 opinion in Plyler v. Doe, the Supreme Court held that a state could not deny undocumented children living within its borders a public and free K-12 education. This Note argues that Plyler’s protections extend to publicly-funded early childhood education programs that serve children between the ages of three and five. Due to the broad support of researchers, educators, and the general public, early childhood education programs funded by local, state, and the federal governments have become an integral part of a comprehensive public education today. While these early childhood education programs are nominally open to all students …
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen
Maryland Law Review
While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …
Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza
Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza
Health Law Outlook
No abstract provided.
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Seattle University Law Review
This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard
No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard
Georgia State University Law Review
This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate …