Education Commons^™

Reflections Of A Litigator: Serrano V. Priest Goals And Strategies, Sid Wolinsky

BYU Education & Law Journal

In this article, I intend to describe what we hoped to achieve at that time and the strategies we used, and then to circle back and offer some observations about what we might learn from the litigation.

Front Matter

BYU Education & Law Journal

No abstract provided.

A Tale Of Serrano: Three V. Priest, John E. Coons

BYU Education & Law Journal

Of my fifty-years of post-Serrano observations, the clearest is that more of the same is not the answer to this society's worst public school problem: our deliberate and unnecessary purging of the legal responsibility and authority of the lower-income parent, the same authority and responsibility so highly valued by the middle class.

State Courts And Education Finance: Past, Present And Future, Michael A. Rebell

BYU Education & Law Journal

Fifty years ago, few legal analysts would be predicted this spate of creative state court activity regarding educational rights.

Serrano V. Priest 50th Anniversary: Origins, Impact And Future, Oscar Jimenez-Castellanos, Lawrence O. Picus

BYU Education & Law Journal

The purpose of this special issue is to revisit the origins and impact of Serrano and to speculate on the future directions of school finance litigation. We provide a synopsis of each manuscript a the end of this introduction.

John Serrano Did Not Vote For Proposition 13, William A. Fischel

BYU Education & Law Journal

Rather than advancing new arguments, this essay will review my work on this subject in the form of a memoir (with popular-song headings that betray my vintage) about my evolving interest in the Serrano and Proposition 13 connection.

Surfing The Waves: An Examination Of School Funding Litigation From Serrano V. Priest To Cook V. Raimondo And The Possible Transition Of The Fourth Wave, Christine Rienstra Kiracofe, Spencer Weiler

BYU Education & Law Journal

To mark the important anniversary of the landmark school finance case Serrano v. Priest, we examine the small(er) but important role that federal claims have played in school funding litigation.

Segregation And School Funding Disparities In California: Contemporary Trends 50 Years After Serrano, David S. Knight, Nail Hassairi, David G. Martinez

BYU Education & Law Journal

In this paper, we present a longitudinal analysis of the school finance system of California and assess changes that have taken place over the past 30 years.

Front Matter

BYU Education & Law Journal

No abstract provided.

Reimagining The Right To Public Education, Logan Miller

BYU Education & Law Journal

Critiques of the United States public education system abound. Many of these critiques expose the reality that the public school system regularly fails to do what it purports to do. Others discuss how the public school system in fact achieves some of its more insidious purposes. When the reality of the public schooling experience – especially for students from marginalized communities – is juxtaposed with the lofty rhetoric surrounding public education, a substantial disjuncture is evident: there is a gap between the idealized notions of public education and the actual learning environments and outcomes for many public school students. For …

Three Common-Sense Measures To Limit The School-To-Prison Pipeline In Maryland, John Marinelli

BYU Education & Law Journal

In 2016, a Salisbury, Maryland eighth grader left class without permission and ran through the halls of his middle school. As punishment for his adolescent defiance, the boy was not sent home or suspended but rather pepper-sprayed, handcuffed, and criminally prosecuted.

This episode exhibits the harsh realities of a school-to-prison pipeline that annually funnels thousands of Maryland students into the criminal justice system as a consequence of in-school misbehavior. Criminal interaction of this sort negatively affects children in numerous well-documented, often disastrous ways. To improve these circumstances in Maryland, three contributing factors stand out as ripe for change: the state’s …

Equity In Education: Fixing Compensatory Education For Students With Disabilities, Melia Cerrato

BYU Education & Law Journal

In March 2020, the United States went into lockdown because of the COVID-19 pandemic. As a result, school districts were given little guidance on whether to cancel classes, provide distance learning, or give a mix of both. There are over 7 million students with disabilities, and while it is unknown how many of these were denied access to their statutory right to a free appropriate public education (FAPE)1 under the Individuals with Disabilities Education Act (IDEA), the multitude of class action lawsuits that arose out of the shutdown demonstrate how wide-spread the problem was for families. However, the denial of …

“It’S A Big Deal:” The Impact Of Texas’ Senate Bill 212 On Student Safety And Wellbeing On Texas’ College Campuses, Zachary W. Taylor, Joshua Childs, Pat Somers

BYU Education & Law Journal

Over the past few years, there has been a heightened sense of security and activism on college campuses regarding sexual harassment and sexual violence. On college campuses across the country, there have been a litany of lawsuits alleging that young adults—many of them college students—have either been assaulted on campus and institutions have not done their due diligence through Title IX reporting, or that students have been falsely accused and punished by a university that has overreached its legal authority.

Education Abroad For Students With Disabilities: Legal Implications, Heidi Fischer

BYU Education & Law Journal

Prior to the COVID-19 pandemic, United States (U.S.) student participation in education abroad (EA) programs increased by more than thirty percent over a ten-year span.1 During the 2018-19 academic year, more than 36,000 students studying abroad identified as students with disabilities (nearly ten percent).2 The steady rise in U.S. student participation in EA programs in the past decade not only suggests renewed post-pandemic growth, but it also supports the idea that greater quantities of students with disabilities will study abroad during their postsecondary education than in previous years. With nearly one in five undergraduate students identifying as having a dis-ability,3 …