Education Law Commons^™

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Richard J. Peltz-Steele

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele

Richard J. Peltz-Steele

Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

Engage In Cyber Security - The Power And Responsibility Is Yours, Avery M. Blank

Homeland Security Publications

No abstract provided.

Has Time Expired For Zero Tolerance Policies?, Charles J. Russo

Educational Leadership Faculty Publications

Zero-tolerance policies call for the consistent application of consequences for student offenses involving violence, bullying, tobacco, alcohol, drugs, and weapons in school or at school-sponsored events. As educators struggled to eliminate student violence during the last 25 years, states adopted zero-tolerance statutes to address the rise of juvenile delinquency and the possession of weapons and drugs in schools.

Insofar as debates over zero-tolerance policies rage as violence, bullying, drugs, tobacco, and weapons in schools continue to be a major concern for educators, the remainder of this column is divided into three substantive sections. The first section briefly reviews arguments in …

How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish

Robert Parrish

Diversity initiatives in higher education, also known as affirmative action are nearing their nadir. For those who have been watching the jurisprudence and the progression of events closely this should come as little surprise. These initiatives have been under attack since their very inception and now sit teetering on the brink of being declared unconstitutional as the United States Supreme Court considers Fisher v. Texas. Beginning with Regents of California v. Bakke in 1978, the Supreme Court has gradually and consistently whittled away these higher education diversity programs, leaving them currently in a vulnerable and legally precarious position. The Court’s …

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …

2013 Legislative Review, Reed Greenwood, Gary W. Ritter

Policy Briefs

The 89th General Assembly in Arkansas convened on Monday January 14th and would file 2,640 pieces of legislation over the next 100 days. Of this legislation, there were 145 House Bills, 4 House Resolutions, and 97 Senate Bills referred to either the House or Senate Education Committees. That is a grand total of 246 pieces of “education” legislation representing roughly 9 percent of legislation filed in the session. The purpose of this policy brief is to review some of the “high -profile” education bills during the session. The highlighted bills here are split into three categories: 1) school choice, 2) …

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.

The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen

Pepperdine Law Review

No abstract provided.

To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West

Pepperdine Law Review

No abstract provided.

Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey

Pepperdine Law Review

No abstract provided.

Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied

Pepperdine Law Review

No abstract provided.

Getting What You Need When You Need It, Caryl Andrea Oberman

Annual Foundations Behavioral Health/La Salle University Autism Spectrum Disorders Conference

How do you get what you need? What service delivery systems and funding sources are available at various stages of the life cycle? What are the legal requirements for access? What rights do you have to challenge an adverse decision on services or benefits? Find out in this interactive presentation.

Appropriate Evaluations And Ieps For Students With Asd, Rosemary E. Mullaly Esquire

Rosemary E. Mullaly Esquire

While many schools have a grasp on the academic needs of students with ASD, often overlooked in the IEP are social, pragmatic language and adaptive skills. This presentation will provide strategies for obtaining what students with ASD need to address all of their educational needs. Guidance is provided regarding what employers and colleges are looking for in candidates in order to assist in transition to adult life planning.

In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson

University of Richmond Law Review

No abstract provided.

Due Process And Employee Performance, Charles J. Russo

Educational Leadership Faculty Publications

As school boards face financial challenges due to a faltering nation economy and increasing calls for accountability, school business officials and other education leaders need to develop plans for effective documentation of staff performance to justify employment decisions and to avoid unnecessary litigation.

All states require education leaders to provide varying levels of due process when dealing with teachers and other staff members with tenure or continuing contracts who are subject to discipline or dismissal, but the laws often leave practical details unanswered.

The Impact Of Rankings And Rules On Legal Education Reform, David Yellen

Articles

Legal education is experiencing intense pressures and is undergoing profound changes. Two important forces that help shape and limit the nature and scope of legal education reform are the U.S. News & World Report rankings and the American Bar Association's accreditation standards. The push and pull of these forces helps explain why law schools are embracing some changes and resisting others

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …