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Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole N. Snyder, Christine J. Villani 2017 Sacred Heart University

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole N. Snyder, Christine J. Villani

Education Faculty Publications

Case law is a tangible tool school leaders can consider when designing FBA and BIP policies to address social, emotional and behavioral challenges. In addition, one intangible consideration is nurturing the relationship between school leaders and parents. When school leaders, parents, and attorneys work collaboratively to support students who have behavioral needs in a reasonable and timely fashion, the student’s needs are addressed earlier, parents can become active participants in the child’s program, and school leaders can minimize the risk of using valuable resources in court costs and attorney fees.


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk 2017 Charleston School of Law

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Marquette Law Review

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has ...


Wisconsin Law In The Age Of Individualism, Joseph A. Ranney 2017 DeWitt Ross & Stevens S.C.

Wisconsin Law In The Age Of Individualism, Joseph A. Ranney

Marquette Law Review

None


Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis 2017 Western New England University School of Law

Title Ix And Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine The Role Of Title Ix In Campus Sexual Assault, Erin E. Buzuvis

Faculty Scholarship

As a matter of civil rights, Title IX mandates that federally funded educational institutions address reports of sexual assault. Often disciplined-student plaintiffs argue unsuccessfully that the college or university’s decision to discipline them is tainted by “reverse” sex discrimination. This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. It provides a historical context for Title IX’s application to sexual assault on campuses and the requirements the law imposes on the educational institutions. Next, it describes the role Title IX plays ...


Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein 2017 University of Richmond

Civil Rights And The Charter School Choice: How Stricter Standards For Charter Schools Can Aid Educational Equity, Rachel E. Rubinstein

Law Student Publications

This paper analyzes the way variations in charter-enabling legislation may exacerbate segregation and how federal and state reforms could better utilize the charter system to further integration. Part I discusses the history of school choice and the social science underlying its potential as a vehicle for integration as well as further segregation. Part II reviews research on charter school demographics and the effectiveness of relevant civil rights statutes. Part III analyzes themes in local charter legislation that can influence charter school segregation by limiting accessibility for low income families and students with disabilities. Finally, Part IV offers recommendations for policy ...


Inequitable Schools Demand A Federal Remedy, Kimberly J. Robinson 2017 University of Richmond

Inequitable Schools Demand A Federal Remedy, Kimberly J. Robinson

Law Faculty Publications

It is not often that the U.S. Supreme Court admits that one of its previous decisions, especially one that shaped the fabric of our nation, was fundamentally wrong. One such instance occurred in 1954, when the court famously declared, in Brown v. Board of Education, that the doctrine of “separate but equal” public schools for black children and white children was unconstitutional. In Brown, the court overturned, for public schools, its approval of this doctrine in Plessy v. Ferguson (1896) and established that segregated schools violated the equal protection clause of the Fourteenth Amendment. The court also proclaimed that ...


Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett 2017 Notre Dame Law School

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban ...


Knowledge For Games, Games For Knowledge: Designing A Digital Roll-And-Move Board Game For A Law Of Torts Class, Gary Kok Yew CHAN, Swee Liang TAN, Timothy Khe Foon HEW, Bernie Grayson KOH, Li Siong LIM, Jose YONG 2017 Singapore Management University

Knowledge For Games, Games For Knowledge: Designing A Digital Roll-And-Move Board Game For A Law Of Torts Class, Gary Kok Yew Chan, Swee Liang Tan, Timothy Khe Foon Hew, Bernie Grayson Koh, Li Siong Lim, Jose Yong

Research Collection School Of Law

Game-based constructivist learning has gained considerable attention as educational institutions aim to move from traditional instructional teaching to interactive and collaborative methods. The question is less asked of whether games should be used in teaching but rather how games should be used to create deep learning in students. In light of this movement, the Grade Inflation Game, or GIGAME, was developed. This case study tackles the research question of how games may be designed to harness the benefits of constructivist learning. It first documents the conceptualization of GIGAME and next proposes theoretical frameworks that can be used to guide the ...


It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew 2017 University of Massachusetts School of Law - Dartmouth

It’S Not Complicated: Containing Criminal Law’S Influence On The Title Ix Process, Margaret B. Drew

Faculty Publications

Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through decision making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This essay addresses change in light of campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay ...


2016 Legislative Summary, Assembly Committee on Education 2017 Golden Gate University School of Law

2016 Legislative Summary, Assembly Committee On Education

California Agencies

No abstract provided.


2015-2016 Legislative Update, Assembly Committee on Higher Education 2017 Golden Gate University School of Law

2015-2016 Legislative Update, Assembly Committee On Higher Education

California Agencies

No abstract provided.


The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr 2017 Washington University School of Law

The Policy Of Federal Student Loans: Looking Backward And Looking Forward, Aaron Mohr

Washington University Journal of Law & Policy

This Note addresses the discrepancies between inflation rates and the cost of higher learning, particularly as a new generation of students finds it more difficult to pursue additional education because student loan burdens continue to outpace real wages. Mohr examines various contributing factors in this imbalance, including rises in tuition costs, the widespread availability of loans, and the difficulty in discharging these debts, to identify the source of the problem. Mohr suggests that the underlying issue is the rising costs of higher education as a function of the availability of loans, and recommends a system of limits on borrowing that ...


Assessing General Education Teacher Training On Idea And Section 504 Law, Yolian Cintron 2017 Governors State University

Assessing General Education Teacher Training On Idea And Section 504 Law, Yolian Cintron

All Capstone Projects

The purpose of this study is to assess how much general education teachers actually know about the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 in order to identify training needs for general education teachers regarding these two laws. A survey was created to cover several areas within the legal mandates of IDEA law (2004) and Section 504 of the Rehabilitation Act of 1973. Results showed that teachers have a lot to learn about 1) the referral, assessment, and placement process; and 2) requirements of the IEP team meeting and the IEP document; and ...


Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr. 2017 University of Dayton

Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Individuals with Disabilities Education Act (IDEA, 2005) requires states, through local school boards, to provide students with disabilities with a free appropriate public education (FAPE) in the least restrictive environment consistent with the content of their Individualized Education Programs (IEPs). As important as it is to educate students with disabilities, the cost of serving these children is much higher than that of their peers in regular education.

Most recently, the Tenth Circuit upheld Rowley’s “some educational benefit” standard in Endrew F. v. Douglas County School District RE-1 (2015). In Endrew F., the panel affirmed that a school board ...


A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay 2017 American University Washington College of Law

A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio 2017 Georgia State University College of Law

Institutional Failure, Campus Sexual Assault And Danger In The Dorms: Regulatory Limits And The Promise Of Tort Law, Andrea A. Curcio

Faculty Publications By Year

Data demonstrates the majority of on-campus sexual assaults occur in dorm rooms. At many colleges, this fact receives little, if any, attention. This article discusses how schools' failure to raise awareness about, and develop risk reduction programs for, dorm-based assaults is another example of long-standing institutional failures when it comes to addressing campus sexual assault. Ignoring where most on-campus assaults occur provides students with a false sense of security in their dorms, limits the efficacy of bystander intervention programs, and results in scant attention and research directed at the efficacy of dorm-based awareness and risk-reduction efforts. This article suggests that ...


Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard DeMaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short 2017 Maurice A. Deane School of Law at Hofstra University

Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard Demaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short

Hofstra Law Student Works

This Report, authored by a small group of third-year law students under the guidance of Professor Robin Charlow, focuses on the controversial issue of tying teacher evaluations to student performance on state assessments, specifically, as this practice has been applied under New York State law. First, we provide a brief history of the federal and state laws that have resulted in the implementation of this practice. We then examine the arguments both for and against using student performance on state assessments as a measure of teacher effectiveness, assess all options for amending or abolishing the practice, and propose one procedural ...


Chapter 419: Cyber Sexual Bullying, “Sexting” In Schools, And The Growing Need To Educate The Youth, Matt Gross 2017 University of the Pacific, McGeorge School of Law

Chapter 419: Cyber Sexual Bullying, “Sexting” In Schools, And The Growing Need To Educate The Youth, Matt Gross

The University of the Pacific Law Review

No abstract provided.


Chapter 888: Exemptions To Anti-Discrimination Laws In Higher Education: What You Don’T Know Could Hurt You, Tyler Wood 2017 University of the Pacific, McGeorge School of Law

Chapter 888: Exemptions To Anti-Discrimination Laws In Higher Education: What You Don’T Know Could Hurt You, Tyler Wood

The University of the Pacific Law Review

No abstract provided.


Sb 933: The California Teacher Corps Act Of 2016, Educating Educators, Nick McKinney 2017 University of the Pacific, McGeorge School of Law

Sb 933: The California Teacher Corps Act Of 2016, Educating Educators, Nick Mckinney

The University of the Pacific Law Review

No abstract provided.


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