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Kentucky Journal of Higher Education Policy and Practice

Education Law

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Institutional Response To The Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study, Joy Blanchard Jan 2014

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 Jan 2014

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 Jan 2014

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 …


Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein Jan 2014

Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein

Kentucky Journal of Higher Education Policy and Practice

This case study examines the public policy process in New Jersey and how it influenced the distribution of American Recovery and Reinvestment Act (ARRA) funds for higher education. New Jersey originally proposed to appropriate ARRA funds only to state-administered financial-aid programs in the FY2010 budget. Applying Kingdon’s (2003) public policy framework, this study explains how higher education advocates provided feedback, presented a successful alternative, and secured $39.6 million for public college and universities.


Foreword: Special Issue Dedicated To Legal Issues In Higher Education, Joy Blanchard Jan 2014

Foreword: Special Issue Dedicated To Legal Issues In Higher Education, Joy Blanchard

Kentucky Journal of Higher Education Policy and Practice

It is undeniable that legal issues are becoming more prevalent in the day-to-day operations of colleges and universities, as well as among policymakers and lawmakers. The manuscripts in this special issue illustrate the need for all those in higher education to become more aware of the changing legal environment and concomitant regulatory requirements, to educate top-down among those working with students, and for the higher education legal community to begin examining these issues from a broader lens and incorporate the scholarship of policy and organizational change to study the influence of the law on a broader level. This special issue …