Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Education Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 4505

Full-Text Articles in Law

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris Jul 2021

Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris

Faculty Scholarship

The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning ...


The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America’S Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha Jun 2021

The Elementary And Secondary Education Act (Esea) And Its Reauthorization As The Improving America’S Schools Act (Iasa) With Its Impact On Funding, Education Policy, And Supporting The Change For Improvement Of Student Achievement, Kaylee Latocha

University Honors Theses

A comparison of the Elementary and Secondary Education Act (ESEA) of 1965 and the Improving America’s Schools Act (IASA) of 1994 within the time period they were written in, and contextualizing them historically to discuss their failures and successes.. This thesis will examine how they were shaped on a national level by politicians and political activists to create a more equitable system so that funding was beneficial to all students. Education policy formed itself to funding and student achievement as achievement was what determined funding.


Higher Education For All Law Enforcement Officers, Johana A. Constantino Madrigal Jun 2021

Higher Education For All Law Enforcement Officers, Johana A. Constantino Madrigal

University Honors Theses

In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on ...


Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara Jun 2021

Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara

Georgia Journal of International & Comparative Law

It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches ...


House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo Jun 2021

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

Abstract forthcoming.


Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez Jun 2021

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.


Schoolbooks And Shackles: The Undue Hardship Standard And Treatment Of Student Debt At Bankruptcy, Matthew S. Farina May 2021

Schoolbooks And Shackles: The Undue Hardship Standard And Treatment Of Student Debt At Bankruptcy, Matthew S. Farina

Boston College Law Review

Individual debtors who file for Chapter 7 bankruptcy can discharge most of their pre-petition debts and emerge from bankruptcy with a financial “fresh start.” Student loan debt is one of the few exceptions to this general policy. Congress created the student loan discharge exception, 11 U.S.C. § 523(a)(8), to prevent student debtors from abusing the bankruptcy system. Specifically, Congress sought to prevent students who graduated from higher education programs from discharging their debts at bankruptcy, and then beginning lucrative careers. Congress, however, included an important carve-out to this exception for debtors whose loans impose an “undue hardship ...


Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers May 2021

Exploring Tactile Art-Making With Deafblind Students And Their Families: An Opportunity For Creative Play, Alice Rodgers

Expressive Therapies Capstone Theses

The impact of a deafblind diagnosis on an individual’s mental health and the well-being of the family involved can be profound. However, current research and available literature for the mental health treatment and therapy practices of deafblind persons and their families is limited (Kyzar et al., 2016; “WFDB Global Report 2018,” n.d.). This thesis used the Leeds Family Psychology and Therapy Service principles (Leeds FPTS) and the Expressive Therapies Continuum with established deafblind teaching strategies to facilitate an original arts-based community project entitled: “Things We Like.” This project provided an opportunity for deafblind students (ages three to 22 ...


2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky May 2021

2-4-6-8 Who Do We Appreciate? The Third Circuit Scores A Touchdown For Student-Athlete Free Speech Rights, Nicolas Burnosky

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Comparative Education Understanding Why The United States Underperforms In International Test Scores: Learning From China, Japan, Canada, And The United Kingdom, Mama Aye-Addo May 2021

Comparative Education Understanding Why The United States Underperforms In International Test Scores: Learning From China, Japan, Canada, And The United Kingdom, Mama Aye-Addo

Symposium of Student Scholars

The United States has slow but surely fallen in their standing in global education. Education affects everything from economic standing to innovation for the future and thus the decline in educational standing presents a problem for the U.S. This research uses the Organization for Economic Co-Operation and Development’s Programme for International Student Assessment as a baseline for where countries place relative to the United States. The study then uses Canada and England to represent nations with ideologies and economies most similar to the United States as well as China and Japan to represent countries that differ. Each nation ...


Technology As A Tool For Support: Classroom Teachers And Resource Specialists In Collaboration And Communication Practices, Mackenzie Jones May 2021

Technology As A Tool For Support: Classroom Teachers And Resource Specialists In Collaboration And Communication Practices, Mackenzie Jones

Master of Science in Education | Master's Theses

Classroom teachers and resource specialists face hectic schedules that include supporting students and meeting the core curriculum standards. In order to support students with disabilities in the classroom, collaboration between classroom teachers and resource specialists is essential. With busy schedules and increasing demands that teachers face, there is an urgent need to support teachers with effective systems of collaboration. This research focuses on the problem of unorganized and ineffective systems of support, which teachers face when trying to collaborate and communicate with their colleagues. While many prior studies address the significance of providing time for educators to collaborate in the ...


Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff May 2021

Deliberate Indifference: An Exploration Of The Student Survivor Activism Group Movement, Shyla Kallhoff

Educational Administration: Theses, Dissertations, and Student Research

#MeToo. It’s On Us. End Rape on Campus. #BeTheSwede. Dear UNL. These phrases have united people all over the world to use their voices and speak out about sexual violence. In higher education, these statements empower students to make their voices heard, and simultaneously invoke fear in campus administrators who do not want to be held accountable for the mishandling/lack of Title IX cases. Student survivor activism groups, the subject of this study, have formed at universities around the country and often use similar statements to advocate for changes they feel need to happen. Finding no previous research ...


Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison May 2021

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

St. Mary's Law Journal

Abstract forthcoming.


Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner May 2021

Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner

Sigma: Journal of Political and International Studies

No abstract provided.


Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum May 2021

Sb 206: The Beginning Of The End For Athletic Exploitation, Rachel Rosenblum

Loyola of Los Angeles Law Review

No abstract provided.


Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro Apr 2021

Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro

Office of Legal Counsel Staff Publications

Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression ...


The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel Apr 2021

The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel

Pepperdine Dispute Resolution Law Journal

Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA ...


Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne Apr 2021

Demands For “Sisterly” Love: Exploring The Hyperpenalization Of Black Girls In The School District Of Philadelphia, Danielle Miles-Langaigne

CUREJ - College Undergraduate Research Electronic Journal

An immense amount of research, memos, and scholarship has surfaced in the last decade considering the school-to-prison pipeline and Black boys’ involuntary participation in it. Various education scholars have presented data emphasizing how Black male students are disproportionately punished–notably in ways that negatively impact their prospects for educational attainment, social mobility, and long-term empowerment. Many, however, fail to consider their close counterparts: Black girls. This thesis expands upon the Crenshaw, Ocen, and Nanda (2015) report to see if Black girls are also disproportionately penalized in Philadelphia public schools within the School District of Philadelphia (SDP) at higher rates relative ...


How The Supreme Court Can Improve Educational Opportunities For African American And Hispanic Students By Ruling Against Harvard College’S Use Of Race Data, Genevieve Kelly Apr 2021

How The Supreme Court Can Improve Educational Opportunities For African American And Hispanic Students By Ruling Against Harvard College’S Use Of Race Data, Genevieve Kelly

University of Michigan Journal of Law Reform Caveat

Students for Fair Admissions v. Harvard has not only exposed ways in which Harvard College’s admissions office unfairly assesses Asian American applicants, but it has also revealed that Harvard’s fixation on race per se can disadvantage the very African American and Hispanic students best positioned to bring instructive and underrepresented perspectives to the college. The facts show that Harvard’s “tips” and “one-pager” system values African American and Hispanic students for their ability to boost Harvard’s racial profile more than for their actual experiences confronting racial discrimination. This Comment explains how, by ruling against Harvard (and without ...


A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener Apr 2021

A Case Study Of Private School Choice And Education Litigation In South Carolina: Safe Grants And Adams V. Mcmaster (S.C. 2020), Lyndsey Katherine Ebener

Senior Theses

The ideology behind private school choice endures in South Carolina. Arguments for parental choice have resurfaced periodically throughout the state’s history, particularly in moments of “crisis.” The current “crisis” moment is the COVID-19 pandemic, which created a perfect storm for the private school choice movement to gain momentum. When Governor McMaster received South Carolina’s emergency education relief funds, he capitalized on this movement with his proposed SAFE Grants program. His intention was for the SAFE Grants program to provide support through one-time tuition grants to low-income families who have children in private schools. Governor McMaster’s announcement incited ...


Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen Mar 2021

Time’S Up: Schools Need To Teach Students About Sexual Harassment, Alyssa Nielsen

BYU Law Review

No abstract provided.


Online Learning In A Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private Is Thrust Into The Public Sphere The Story Of Kamauri Harrison, Malissa Bowman Mar 2021

Online Learning In A Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private Is Thrust Into The Public Sphere The Story Of Kamauri Harrison, Malissa Bowman

GGU Law Review Blog

A global pandemic has morphed the traditional in-person classroom into a virtual one, leaving vestiges of strict classroom rules and decorum clashing with home privacy expectations. So is the case of Ka’Mauri Harrison, a 9-year-old Louisiana boy suspended for moving a BB gun while on screen during online class. Ka’Mauri’s parents and attorney maintain the boy only moved the BB gun to prevent his little brother from accessing it. However, Ka’Mauri’s teacher thought the BB gun was a real gun and reported him to the principal. Ka’Mauri was not only suspended from school, but ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel Mar 2021

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As ...


The Lost Promise Of Disability Rights, Claire Raj Mar 2021

The Lost Promise Of Disability Rights, Claire Raj

Michigan Law Review

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).

Courts too often overlook the affirmative obligations contained in these two disability ...


The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney Feb 2021

The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney

Boston College Law Review

Students attending under-resourced public schools are held to the same statewide standards as their peers in wealthier districts, but are attempting to learn under conditions of neglect. In most states, students lacking qualified teachers, safe classrooms, textbooks, and other learning resources have no power to change their learning environments. Due to the lack of a federal constitutional right to education, efforts to improve school conditions by invoking general state protections have had mixed success in enhancing the quality of education in the United States. In California in 2004, however, the Williams v. State student class action lawsuit set some of ...


(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling Feb 2021

(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling

Maine Law Review

Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault ...


Electronic Voting For The General Elections: An Analytical Study In Light Of The Jordanian Law, Khalid Al Zubaidy Feb 2021

Electronic Voting For The General Elections: An Analytical Study In Light Of The Jordanian Law, Khalid Al Zubaidy

Journal Sharia and Law

A number of states, mostly developed countries, have introduced electronic voting systems that are utilized in general elections, including parliamentary, presidential, and municipal elections. The use of electronic voting systems has ever since given rise to a legal controversy; views have diverged in favor and against these systems. Questions arise regarding the pros and cons of electronic voting and its technical requirements and legal guarantees. This article addresses these questions in three sections discussing: the nature of electronic voting, the requirements for its implementation, and relevant guarantees. This article concludes that the utilizing electronic voting systems will make no difference ...


“Trumping” Affirmative Action, Vinay Harpalani Jan 2021

“Trumping” Affirmative Action, Vinay Harpalani

Faculty Scholarship

This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the ...


School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani Jan 2021

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips Jan 2021

A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips

University of Michigan Journal of Law Reform

Questions about criminal and juvenile records in the college application process are common and frequently fail to account for the unique characteristics of juvenile justice systems. The ways in which colleges and universities ask about juvenile records often encourage applicants to disclose information in spite of statutory protections. These questions fly in the face of the public policy underlying a range of legal safeguards that are intended to help individuals with records from juvenile systems in moving forward and receiving a second chance.

In recent years, a series of legislative and institutional changes have begun to restrict how colleges and ...