Education Commons^™

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

“It's The Commonwealth's Attempt To Censor . . . What We Teach”: Anti-Lgbtqia2s+ Educational Policy Influences On Rural Secondary Ela Teacher Practices, Josh Thompson, Clint Whitten, Karin Kaerwer

Virginia English Journal

The shift in political landscape in Virginia from former Democratic Governor Ralph Northam to current Republican Governor Glen Youngkin influenced educational policies in the commonwealth. Waving the banner of parental rights, the Youngkin administration began targeting LGBTQIA2S+ students and educators through legislation and policies such as SB 656 and Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. To understand the influence on rural school districts, this study asked how rural secondary English Language Arts educators understand and respond to these anti-LGBTQIA2S+ policies as well as the ways in which those educators …

There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier

Journal of Legislation

No abstract provided.

Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi

Journal of Media Literacy Education

In the digital age, diverse walks of human life have reconfigured profoundly. In the Moroccan society, digitalisation plans and the skyrocketing numbers of internet users necessitate coping literacy policies. While several community initiatives have been taken to improve the quality of media literacy, they, as bottom-up efforts, cannot suffice to meet the needs of the whole Moroccan population. Rather, the absence of a central, nationwide, cross-sectoral media literacy policy significantly challenges the effective coordination of official strategies and community initiatives in media education. This article investigates current practices in media literacy in Morocco. Using document analysis, it delves into data …

Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko

The Qualitative Report

This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …

Mobility Matters: Where Higher Education Meets Transportation, Kate S. Elengold

UC Irvine Law Review

Higher education has long been hailed as the key to social and economic mobility. And yet, mobility itself is one of the greatest barriers to equity in higher education. Although scholars and policymakers have thus far paid scant attention to the role of transportation in higher education, this Article establishes why that oversight undermines educational equity.

Grounding its arguments in both interdisciplinary literature and rich original data from a multi-year mixed-methods research study, this Article demonstrates how transportation law and infrastructure affect college completion, disproportionately hindering completion for students of color. It further argues that higher education law and policy …

Cultural Humility And Cultural Brokering In Professional Training: Insights From People Of Color (Poc) And Persons With Disabilities (Pwd), Victoria Filingeri, Heather M. Mendez, Alisa Ssu Yu Lin, Gyasi Burks-Abbott, Amy Szarkowski, Jason Fogler

Developmental Disabilities Network Journal

This conceptual paper reflects the collaborative work of LEND trainees and faculty exploring the need to shift from “cultural competencies” to “cultural humility” in training programs. The authors draw on their lived experiences as members of racially/ethnically marginalized groups, members of the disability community, and advocates for equity in accessibility. Collectively, the authors highlight some of the challenges and opportunities in supporting diverse trainees in professional- and discipline-specific training programs. and in the provision of services the trainees provide to care-recipients across a variety of fields. This paper includes a series of case vignettes in order to: examine individual authors’ …

The Intersection Of Academic Freedom And Trigger Warnings, Ashleigh Maldonado

Journal of Multicultural Affairs

The purpose of this policy brief is to explore the intersection of academic freedom and trigger warnings. The author argues that the vague language within academic freedom policies and the blurred lines between judicial jurisdiction over first amendment rights and institutional jurisdiction over academic freedom policies sets the stage for future limitations on teachers’ rights within the classroom. Te author also argues that while much attention is given to the academic freedoms of instructors, more attention should be afforded to the academic freedoms of students when considering their requests for trigger warnings.

Analysis Of Carson V. Makin, Wilson Huhn

Duquesne Law Review

Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents.¹ In 1873 the State of Maine enacted a tuition assistance program, called "town tuitioning," that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school.² In 1981 the State of Maine enacted a law that categorically excludes "sectarian schools" from participating in the tuition assistance program.³ The Maine Department of Education defines a "sectarian school" as a school that is both …

The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe

The Rural Educator

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …

How Scotus's Recent Decision On The Cheerleader Case Impacts Public School Students' Due Process Rights For Their Off-Campus Conduct, Abby Efron

St. Mary's Law Journal

No abstract provided.

Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.

American Indian Law Journal

While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …

Review Of: The Amish Incident: Rural Conflict And Compromise And The Amish Incident: Wisconsin V. Yoder—Kelly Rundle And Tammy Rundle, Jewel Yoder Kuhns

Journal of Amish and Plain Anabaptist Studies

Award-winning documentary filmmakers Kelly and Tammy Rundle have created two short films focusing on historical conflicts over parochial Amish education in Wisconsin and Iowa. Their first film, The Amish Incident: Rural Conflict and Compromise, released in 2019, follows the rising controversy in rural Buchanan County, Iowa, from the bitterly contested 1961 vote to merge two school districts in neighboring towns Oelwein and Hazleton to the dramatic 1965 “incident” when education officials tried to forcibly transport Amish students to the local public school. The second film, The Amish Incident: Wisconsin v. Yoder, released in 2021, picks up the story …

Symposium Review: Amish And Old Order Mennonite Schools: A Concise History—Joseph Stoll; And The School By The Cornfield—Samuel Coon, Jewel Yoder Kuhns, Daniel L. Yoder

Journal of Amish and Plain Anabaptist Studies

Joseph Stoll, in Amish and Old Order Mennonite Schools: A Concise History, and Samuel Coon, in The School by the Cornfield, provide two very different perspectives on the struggle to establish Anabaptist schools. The books contrast primarily in their geographic and chronological scope. However, both write about parochial schools with a voice sympathetic to the vision of Amish and Mennonite school founders. They use similar sources, drawing on newspaper accounts, published Amish schools’ histories, and Amish and Mennonite periodicals, as well as personal recollections from individuals involved in school conflicts. [First paragraph.]

The Gravamen Of Wisconsin V. Yoder At Fifty, 1972-2022, Benjamin King

Journal of Amish and Plain Anabaptist Studies

After an arduous journey of more than four years that Wallace Miller, Jonas Yoder, and Adin Yutzy began in New Glarus, WI, the U.S. Supreme Court handed down its landmark decision in Wisconsin v. Yoder , 406 U.S. 205 on May 15, 1972. In affirming the Supreme Court of Wisconsin’s decision reversing the convictions of Miller, Yoder, and Yutzy (Respondents) for violating the compulsory school attendance statute, the U.S. Supreme Court found that enforcement of the statute violated the Respondents’ rights pursuant to the free exercise of religion clause conferred by the First Amendment and made applicable to the states …

The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager

Journal of Amish and Plain Anabaptist Studies

My essay introduces the 1972 United States Supreme Court case Wisconsin v. Yoder to readers who don’t come from a legal background who want to understand the negative ramifications of the case and how it affects their individual rights. Yoder says that children of practicing Amish don’t have a right to any education and future other than one inside the Amish Church. My essay deconstructs the case from the perspective of an Amish American woman— yours truly — who escaped in the middle of the night at age 15 because of how this ruling has shaped the Amish people. I …

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 …

Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.

Congress enacted the Individuals with Disabilities Education Act (IDEA) because …

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.

Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros

Northwestern Journal of Law & Social Policy

This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools.

Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …

Children Of The Government: Affording A Higher Education A Review Of The State Of Pennsylvania’S Recently Implemented Law That Grants Children Who “Age Out” Of The Foster Care Tuition And Fee Waivers At Every University In The State, Erin K. Cooper

Helms School of Government Undergraduate Law Review

No abstract provided.

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo

The Scholar: St. Mary's Law Review on Race and Social Justice

A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …

Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison

St. Mary's Law Journal

Abstract forthcoming.

The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett

Arkansas Law Review

In the United States, debates about private and faith-based education tend to focus on questions about government funding: which kinds of schools should the government fund (and at what levels)? Should, for example, students be able to use public funds to attend privately operated schools? Faith-based schools? If so, what policy mechanisms should be used to fund private schools—vouchers, tax credits, direct transfer payments? How much funding should these schools receive? The same amount as public schools or less? As a historical matter, the focus on funding in the United States makes sense because only public (that is, government-operated) elementary …

Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe

BYU Education & Law Journal

Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …

Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer

BYU Education & Law Journal

Federal and state governments regulate the character of

their residents as a condition of immigration, employment, social

services, and beyond. At the state level, “good moral character”

rules have been analyzed in depth for decades, mostly as they pertain

to admission to the bar and other licensed professions. Character

requirements also affect the ability of college students to get

state-funded financial aid, but these policies have received no scholarly

analysis. According to this study’s findings, there have been at

least 50 state financial aid grant programs with character rules,

which begs the question: what does it mean to be a …

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

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 …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …