Education Law Commons^™

School Discipline And The Fundamental Right To Education: The Constitutional Inadequacies Of Wisconsin's Expulsion Laws, Maria M. Lewis

Brigham Young University Education and Law Journal

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 …

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

BYU Law Review

No abstract provided.

A Trade-Off That Becomes A Rip-Off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart

BYU Law Review

No abstract provided.

Omnipresent Student Speech And The Schoolhouse Gate: Interpreting Tinker In The Digital Age, Watt L. Black Jr.

Watt Lesley Black Jr.

This paper focuses primarily on federal circuit level decisions regarding public school district's ability to discipline students who engage in electronic speech while off-campus and not involved in school activities. Particular attention is paid to the question of whether and how appeals courts have been willing to apply the "material and substantial disruption" standard from the Supreme Court's 1969 Tinker v. Des Moines decision to speech occurring off-campus. The paper, which is targeted toward both legal scholars and school administrators, draws together the common threads from the various circuits and weaves them into a set of guidelines for school administrators …

Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner

David N. Wagner

In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state regulations on …

The Right Of Counsel In Student Disciplinary Hearings, Martin Frey

Martin A. Frey

No abstract provided.

Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education, Raija Churchill

Pepperdine Dispute Resolution Law Journal

The article offers information on the evolution, development, and role for peer mediation programs (PMPs) in K-12 education (kindergarden-12th class education), which acts as a dispute resolution tool that provides training to students assisting in mediation of conflicts in their schools in the U.S. It examines the effectiveness of the PMPs' for training students related to achievement of educators' goal to derive safety in the U.S. schools.

Traditional Public School And Charter School Funding In Arkansas (Updated), Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The existence and expansion of charter schools in Arkansas continue to be controversial. Proponents of charters argue that charter schools are unfairly burdened because they do not have access to local property tax revenue. Critics of charters, on the other hand, argue that charter schools pull funding away from traditional public schools. This brief examines the funding of traditional public schools and charter schools across the state and in the particular regions in which most Arkansas charter schools are located.

Home Schooling And Sports Participation, Charles J. Russo

Educational Leadership Faculty Publications

As the popularity of home schooling grows, its supporters increasingly seek opportunities for their children to access programming offered by their local public school districts. Home-schooling parents have been most vocal in their wish for their children to participate in extracurricular activities in public schools—particularly sports.

Because parents who homeschool have failed in litigation regarding their children’s ability to participate in extracurricular activities, they have turned their efforts to state legislative action with a fair degree of success. In fact, when the Ohio General Assembly (2013) recently enacted a statute directing school boards to allow participation in sports and other …

Promoting Equitable Law School Admissions Through Legal Challenges To The Lsat, Al Alston

Al Alston

No abstract provided.

"Narrowly Tailored" And "Directly Related": How The Minnesota Supreme Court's Ruling In Tatro V. University Of Minnesota Leaves Post-Secondary Students Powerless To The Often Broad And Indirect Rules Of Their Public Universities, Ashley C. Johnson

Hamline Law Review

abstract

North Carolina's Special Education Litigation: Practical Lessons From A Decade Of Data, Lisa Lukasik

Lisa Lukasik

No abstract provided.

Negotiating For Curriculum & Class Size, 2011-13: One Faculty Union’S Perspective, Steve Hicks, Amy L. Rosenberger

Journal of Collective Bargaining in the Academy

The article walks the reader through the process of proposing, revising, and finally accepting by both sides of a new clause in the APSCUF-PASSHE collective bargaining agreement covering curriculum and class size. The clause took multiple forms over the course of over two years of negotiations and reveals the evolving priorities of the two sides over time.

All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya

Pepperdine Law Review

In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …

The Federal Government’S History In Public Education: Massive Reform Efforts For Political And Corporate Enhancement, Brett A. Geier

Brett A Geier

The role of the federal government in public education was purposefully absent in the formation of the United States Constitution. The Tenth Amendment delegated the power of educating the citizenry to each individual state. Therefore, each state in the nation has its own distinctive clause governing public education. The federal government's role was periphery at best. In 1965, President Johnson sought to mitigate poverty with an infusion of federal dollars for the nation's neediest students. As more funds were allocated by the federal government, the more restrictions and requirements were placed on schools. This accountability paradigm opened the door for …

Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe

Law Faculty Scholarship

SUMMARY OF ARGUMENT

The Governor confines her argument in this amicus brief to whether the superior court correctly concluded that the education tax credit program enacted under RSA § 77-G violates Article 83 insofar as it permits organizations authorized to receive donations subsidized by the credit to use those donations to fund student scholarships to religious, non-public schools. In the Governor’s view, the superior court’s finding of unconstitutionality was correct.

In its text, structure, and history (including its interpretive history), the New Hampshire Constitution significantly differs from the First Amendment’s Establishment Clause with respect to the question whether revenue generated …

Institutional Response To The Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study, Joy Blanchard

Kentucky Journal of Higher Education Policy and Practice

Confusion regarding liability for student safety and whether federal regulations prohibit information sharing have become a concern on campuses. Do current policies mitigate liability yet still serve the best interest of students? Based on interviews of nearly 30 administrators at three campuses in 2008 and 2011, this case study examines the legal considerations used when responding to such concerns, particularly alcohol and mental health. Organizational capacity and culture structure are discussed; recommendations for practice are provided.

Keepers Of The Night: The Dangerously Important Role Of Resident Assistants On College And University Campuses, Christie M. Letarte

Kentucky Journal of Higher Education Policy and Practice

A great deal of responsibility and risk lies within the RA role. This Article acknowledges that RAs, who are some of the most important employees at institutions of higher education, are often under-trained and may negligently expose institutions to liability. More importantly, this Article aims to address how standards and regulation of the RA position can provide a better snapshot of the RA role, nightlife on college campuses, and reasonable expectations for students, parents, and employees.

Recent Legal Trends Support Requiring Colleges And Universities To Permit Emotional Support Animals In Student Housing, Neal H. Hutchens

Kentucky Journal of Higher Education Policy and Practice

Emerging legal trends suggest colleges and universities should be prepared to make accommodations for emotional support animals, specifically under the requirements of the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act. Examining recent legal developments, this practitioner brief considers a lawsuit brought by the United States against the University of Nebraska at Kearney to permit a student diagnosed with depression and anxiety to have a therapy dog in student housing. It also reviews recent guidance issued by the U.S. Department of Housing and Urban Development (HUD) addressing the use of service and assistance animals for individuals with …