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Education Law, Cleveland-Marshall College Of Law Library Jan 2018

Education Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince May 2017

With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince

Cleveland State Law Review

Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right ...


Legal Research Using Technological Tools: Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis Jan 2015

Legal Research Using Technological Tools: Librarians' View, Lauren M. Collins, Susan Silver, Whitney Curtis

Law Faculty Contributions to Books

The technology revolution has impacted every aspect of our daily lives. It is hard to imagine a world without smartphones and the Internet. Where and how we access information has changed dramatically over the last decade. Gone are the days of traveling to the library check out books and read printed journal articles. No longer simply storehouses of print information, libraries but now serve as starting points for searching online information that can be be accessed anywhere, any time and on any device. Library research that used to take hours or days can now be done in minutes. Online materials ...


Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld Jan 2015

Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld

Cleveland State Law Review

As we reflect upon the sixtieth anniversary of Brown v. Board of Education, it is critical to not only assess policies advanced during the Obama administration that are aimed at reducing the continuing disparity for minority and economically disadvantaged students, but to also reflect upon what Secretary Duncan called the paradox of educational progress that continues to persist. Part II explores the effort to realize Brown’s promise of integration and equal educational opportunity. It describes a slow but significant history of gains, which has since been thwarted as Brown has been rendered doctrinally impotent. It then considers the relationship ...


Can Universal Pre-K Overcome Extreme Race And Income Segregation To Reach New York’S Neediest Children? The Importance Of Legal Infrastructure And The Limits Of The Law , Natalie Gomez-Velez Jan 2015

Can Universal Pre-K Overcome Extreme Race And Income Segregation To Reach New York’S Neediest Children? The Importance Of Legal Infrastructure And The Limits Of The Law , Natalie Gomez-Velez

Cleveland State Law Review

This article will examine New York City and State’s current universal pre-kindergarten efforts as related to social goals of serving low-income children in segregated schools to address inequality and close opportunity gaps. It also will examine the educational goals of enhancing cognitive gains and improving school readiness for all children. Part I considers pre-kindergarten in a climate of extreme segregation by race and class and in the context of current technocratic education reforms operating against a backdrop of diminished legal remedies for the harms of race and class segregation and inequality. Part II examines pre-kindergarten, with a focus on ...


“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy Jan 2015

“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy

Cleveland State Law Review

This law review article examines the re-segregation of undocumented students in education, more specifically, re-segregation through state laws and policies impacting their attendance at American colleges and universities. Under no fault of their own, undocumented students are marginalized even further after graduating from high school, since they are not afforded the same benefits as their peers to attend college. This article explores the current landscape of these laws and policies after providing background on Plyler v. Doe and state and federal attempts to challenge education for undocumented students.


School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn Jan 2015

School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn

Cleveland State Law Review

This paper focuses on the two districts directly involved in the Parents Involved in Community Schools v. Seattle School District No. 1 (PICS) (2007) case with regard to how their desegregation plans and levels of segregation changed over time. The study emphasizes how segregation levels changed in response to changes in the plans and, in particular, to the Supreme Court ruling in PICS. The results differed greatly between the two districts. The voluntary desegregation plan in Jefferson County, Kentucky, proved far more effective than its Seattle counterpart in terms of maintaining a relatively low level of segregation prior to the ...


Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily F. Suski Jan 2014

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily F. Suski

Cleveland State Law Review

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools—the students’ teachers, principals, coaches, and other school officials—are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or physical. Yet ...


Cyber Bullying And Free Speech: Striking An Age-Appropriate Balance, Raul R. Calvoz, Bradley W. Davis, Mark A. Gooden Jan 2013

Cyber Bullying And Free Speech: Striking An Age-Appropriate Balance, Raul R. Calvoz, Bradley W. Davis, Mark A. Gooden

Cleveland State Law Review

Cyber bullying has generally been dealt with by the courts using one of two legal analyses: the “true threats” doctrine, or the Tinker substantial disruption test. This law review, the Cleveland State Law Review, recently published Anti-Cyber Bullying Statutes: Threat to Student Free Speech (referred to herein as “the Threat to Speech article”), which addressed these two theories, and argued that the current evolution of cyber bullying legislation simply goes too far. For example, Hayward states Anti-cyber bullying laws are the greatest threat to student speech because they seek to censor it anytime it occurs, using “substantial disruption” of school ...


The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams Oct 2012

The Law Of Social Quotas: An Examination Of Brazil’S Efforts For Greater Diversity In The Classroom, Benjamin Williams

In the Balance

No abstract provided.


Cyberbullying Resource Guide, Laura E. Ray Sep 2011

Cyberbullying Resource Guide, Laura E. Ray

Law Library Research Guides - Archived

On Friday, September 23rd, 2011, the Cleveland-Marshall College of Law Journal of Law and Health sponsored the symposium Bullies in a Wired World: Cyberspace Victimization's Impact on Adolescent Mental Health and the Need for Cyberbullying Legislation in Ohio.

This guide provides informational resources to complement the symposium. The reader may also be interested in the Law Library's Cyber Law Research Guide.


Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward Jan 2011

Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward

Cleveland State Law Review

On October 17, 2006, Megan Meier, a thirteen-year-old girl in Dardenne Prairie, Missouri, who had been diagnosed with attention deficit disorder and depression, committed suicide because of postings on MySpace, an Internet social networking site, saying she was a bad person whom everyone hated and the world would be better off without. As a result, the state revised its harassment and stalking statutes to prohibit using electronic means to knowingly "frighten, intimidate, or cause emotional distress to another person."' At the time of this writing, twenty-one states have passed similar legislation with others sure to follow. Many of these statutes ...


Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley Jan 2011

Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley

Cleveland State Law Review

This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether ...


Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley Jan 2011

Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley

Law Faculty Articles and Essays

The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.

This paper will examine legal issues related to the ability ...


The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley Oct 2010

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

CASAL Faculty Publications

In Elk Grove Unified School District v Newdow (Elk Grove)

the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.


First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch Jan 2010

First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch

Cleveland State Law Review

The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved ...


Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley Jan 2010

Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley

Law Faculty Articles and Essays

This article explores issues of legal liability for school personnel where students with disabilities are injured in school settings or cause injuries to employees and other students in schools. While questions related to legal liability are varied, they tend to fall within two broad areas: standard of care relating to injuries to or by students; and, standard of care for employees working with students with or training others to work with students with disabilities. In both areas, the legal issue revolves around the concept of heightened standard of care, especially where framed by the language of students' IEPs (Individualized Education ...


"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl Feb 2009

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Curriculum & Foundations Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give ...


The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley Jan 2009

The Tangled Web Of Plagiarism Litigation: Sorting Out The Legal Issues, Ralph D. Mawdsley

Law Faculty Articles and Essays

The purpose of this article is to explore the increasing complexity of plagiarism litigation in the United States. A determination as to when attribution is necessary in order to avoid a charge of plagiarism raises questions of intent and subject matter specific questions of general knowledge, as well as constitutional and contractual questions of fairness, tort questions of defamation, and questions of fair use under copyright law or misrepresentation under the Lanham Act. Most of the reported cases still involve students who contest discipline from their respective academic institutions--discipline that can range from a course penalty to expulsion from the ...


Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer Jan 2008

Combating The Unfair Competitive Edge: Random Drug Testing Should Be Implemented In Standardized Testing To Deter Illicit And Unfair Use Of Prescription Stimulants, Shawn Romer

Journal of Law and Health

This note will first give an overview of prescription stimulants and will then explore the prevalent number of students who illicitly take prescription stimulants to enhance their academic performance. A description of how illicit use can be harmful to a student follows, and thereafter the note describes the scant current safeguards that currently exist against the use of illicit prescription stimulants. An explanation of the importance of standardized test scores to admissions follows, along with a description of how this importance has motivated students to seek an unfair competitive edge through illicit drug usage, which happens in many sporting competitions ...


Equal Access To Public Education: An Examination Of The State Constitutional And Statutory Rights Of Nonpublic Students To Participate In Public School Programs On A Part-Time Basis In North Carolina And Across The Nation, John Plecnik Oct 2007

Equal Access To Public Education: An Examination Of The State Constitutional And Statutory Rights Of Nonpublic Students To Participate In Public School Programs On A Part-Time Basis In North Carolina And Across The Nation, John Plecnik

Law Faculty Articles and Essays

This article argues that private and homeschool students in North Carolina have a state constitutional and statutory right to participate in public school programs on a part-time basis. This right is based on the North Carolina Constitution's explicit acknowledgment of nonpublic education and guarantees of equal protection and equal access to public schools. This right is also based on state statutes that mirror the wording and spirit of the state constitution's guarantees. Since the North Carolina Supreme Court has held that equal access to public schools is a fundamental right under the state constitution, this right can only ...


Title Ix As Pragmatic Feminism, Deborah L. Brake Jan 2007

Title Ix As Pragmatic Feminism, Deborah L. Brake

Cleveland State Law Review

This article examines Title IX as an example of a pragmatic approach to theory, and argues that pragmatic feminism is an approach that holds promise for feminists grappling with the complexity of gender oppression. Part II briefly examines pragmatism as an alternative to foundational theory and considers pragmatism's relationship to feminist legal theory. Part III explores the many forms and iterations of gender subordination in sports. Calls for a consistent, unifying theory of Title IX cannot account for the shifting nature and multiplicity of social and institutional practices that subordinate women in sports. These varied forms of subordination necessitate ...


Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh Jan 2007

Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh

Cleveland State Law Review

My purpose here today is to look at some of the legislative history of Title IX, and perhaps some of the details that never made it into the Congressional Record, and also to include my personal involvement in it. I do that with some fear and trepidation because it sounds like one is puffing himself up.It is fair to ask, “How can a kid who grew up on a corn and soybean farm, raising pigs and hogs and cattle and calves, chickens, how in the world could he ever get to be a United States Senator, let alone become ...


Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler Jan 2007

Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler

Cleveland State Law Review

This article is a longer version of two speeches, one given at Women Rock: Title IX Academic and Legal Conference held at Cleveland State University on March 30, 2007 sponsored by McDonald Hopkins LLC, and one given in San Francisco at an Equal Rights Advocates fundraiser on June 8, 2007. In this article, the author takes the reader through her personal journey to reach Women's Equality in a world before Title IX. Through these experiences, she has become an integral part in the creation of Title IX legislation.


Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry Jan 2007

Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry

Cleveland State Law Review

This article focuses on Title IX and women's continuing struggle to secure equal opportunity on the playing fields. But athletics is not unique. Indeed, the lessons of Title IX in athletics, its importance to women and girls, and how the law has been shaped over the years by advocacy in each branch of government, apply to all the fields of endeavor that still remain only partially available to the young women of this nation. Women and girls continue to lag behind in the STEM (science, technology, engineering and math) fields, remain clustered in “traditionally female” programs such as cosmetology ...


Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek Jan 2007

Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek

Cleveland State Law Review

This Note urges all school districts to take proactive measures to end sexual harassment of teachers by students. Additionally, it urges state legislatures to pass legislation mandating school adoption of anti-harassment policies that include provisions prohibiting all forms of student-on-teacher harassment, including sexual harassment. Following this introduction, Part II of this Note provides a background on the current climate in the public schools in the United States, identifies the statutory protections available to victims of sexual harassment, and discusses the definitions of sexual harassment used by the Equal Employment Opportunity Commission (“EEOC”) and the courts. Part III examines relevant sexual ...


Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta Jan 2007

Title Ix - Two For One: A Starter Kit Of The Law And A Snapshot Of Title Ix's Impact, Linda Jean Carpenter, R. Vivian Acosta

Cleveland State Law Review

This article first examines the creation of Title IX legislation. Then the article argues that " Title IX has had a massive impact on America's sport programs. But the debate continues, and perhaps will always continue, as long as there is inadequate funding to make the achievement of equity easy; as long as powerful members of one sex view exclusive access to sport as their chromosomal birth right; as long as administrators favor one sport over providing the benefits of athletics participation to a broader proportion of the student body; as long as the cake is not cut evenly."


The Individuals With Disabilities Education Improvement Act: Changing What Constitutes An Appropriate Education, Andrea Valentino Jan 2006

The Individuals With Disabilities Education Improvement Act: Changing What Constitutes An Appropriate Education, Andrea Valentino

Journal of Law and Health

Christopher, diagnosed at six years old with Asperger's Syndrome, is a child with a disability. Upon his diagnosis, Christopher's public school developed his Individualized Education Program (IEP) to serve Christopher's educational needs; however, his needs went unmet. Throughout Christopher's four years at his public school, his parents repeatedly met with school officials about the appropriateness of services being offered to Christopher as his IEP did not account for the individualized class support Christopher required. Despite consistent and dedicated efforts by his parents, school officials continually informed them there was nothing more the school or teachers could ...


Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla Jan 2005

Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla

Cleveland State Law Review

My own and other research shows that Queer/Chicana/Latina college students who come from disadvantaged backgrounds or marginalized communities to the university often engage in a process of resistance to oppressive practices and environments within those institutions, even while continuing their education. While a higher education can be a form of liberation for many of these women, it can simultaneously be oppressive to some. As women learn how to negotiate both privilege and oppression in the college setting, they develop tools for understanding their conditions. One of these tools is political and social consciousness, which is often internalized and ...


Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald Jan 2005

Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald

Cleveland State Law Review

Part II of this Note briefly discusses the current state of public education in Ohio and outlines the DeRolph litigation and its implications. Part III focuses on the “thorough and efficient” education clause in the Ohio Constitution and analyzes its meaning from an historical perspective. Part IV addresses the theory behind the privatization of education in general, briefly discusses the history of privatization, and introduces different types of educational privatization in Ohio. Part V compares the ideology behind the education clause in the Ohio Constitution with privatization ideology and concludes that the two ideologies are in conflict. Part VI discusses ...