Education Commons^™

Is There A Federal Right To A Minimum Education?, Martha Mccarthy

BYU Education & Law Journal

This article first reviews the Sixth Circuit panel decision, settlement agreement, and en banc appellate court action. Then, it explores related recent cases that also address a constitutional right to some level of education. The final section analyzes the viability of arguments asserting a federal right to access to a minimum education under the Fourteenth Amendment and implications of establishing such a federal right.

Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro

BYU Education & Law Journal

Despite the Supreme Court’s recognition of the importance of public education, America’s public schools remain ravaged by “savage inequalities”which lead to failure of the public schools.Because every State, except Hawaii, partially finances local public schools through local property taxes and because there are differences in the value of real property, there are vast disparities in available funding for local school districts. While every State Constitution requires the State Legislature to establish a public school system and while the State Legislatures have enacted a variety of statutes in an attempt to meet the state constitutional obligations, virtually every State has seen …

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 …

Patterns Of Provision Of One On One Aides In Due Process Hearings: A National Sample, Joel K. Perkins, Michael Owens, Scott Ferrin, Gordon Gibb, Vance Randall

BYU Education & Law Journal

In decisions regarding services for a student classified with a

disability under the Individuals with Disabilities Education Improvement

Act (IDEIA), one of the most impactful choices for an IEP

team or local education agency is whether a student should receive a

one-on-one aide to enhance the least restrictive environment. Many

parents seek such services for their children, while many education

agencies resist, claiming that that one-on-one aides are not appropriate

for a particular student and in fact may not actually provide

the least restrictive environment for the student as established under

the IDEA.

This study examined patterns of legal provision …

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 …

Law And Policy Impacts On Teacher Attrition In Public Education: Data Suggesting A New Focus Beyond The Silver Bullets Of Targeted Stem And Other Salary Increases, Joseph Hanks, Scott E. Ferrin, Randall S. Davies, Steven S. Christensen, Scott P. Harris, W. Bryan Bowles

BYU Education & Law Journal

Most current legislative and policy efforts to combat teacher shortages in public schools in the U.S. focus on raising teacher salaries, or on incentivizing certain key subject matters in the sciences and math, known as Science, Technology and Math (STEM) initiatives. The ostensible purpose of these legislative and policy efforts is to increase induction and subsequent retention of highly qualified teachers who will then impact educational attainment of students. The major tool used has been salary incentives for new teachers or salary augmentation for existing teachers in certain subject matters. This research investigates teacher perceptions on factors that impact their …

Covid Closing Down Colleges: How The Covid-19 Pandemic Accelerated Nonprofit College Closings, Patrick Baker, Paula Hearn Moore, Kaleb Byars, Christie Aden

BYU Education & Law Journal

Private nonprofit colleges have experienced an increasing amount of financial pressure over time, making it arduous to survive. Internal and external factors such as geographical challenges, lack of economies of scale, and unchecked board mismanagement have historically led to the closures. COVID-19 is accelerating the rate of these college closures. Diminishing enrollment, volatile endowments, and inoperable revenue programs are some of the reverberations the virus has caused.

Preventative measures need to exist to alleviate the risks of unforeseen crises in the future. Harsher penalties, increased scrutiny of automatic extensions, and more accurate and complete Form 990 disclosures will protect stakeholders …