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Articles 1 - 30 of 63
Full-Text Articles in Law
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd
Cleveland State Law Review
For decades, governmental institutions have focused on improving and equalizing the educational opportunities for students. Courts, legislatures, and chief executive officers at federal and state levels have spearheaded a range of large-scale educational reform efforts, including desegregation, school finance reform, educational improvement for students with disabilities, charter schools, and standards-based accountability systems. However, many assessments of these efforts reflect limited or mixed success. This Article takes a bird’s-eye view examination of not simply why a single type of educational reform has failed to reach its goals in a particular area, but instead at why such efforts have failed to reach …
With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince
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 to …
“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
“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.
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
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 New …
Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld
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 …
School Segregation In Jefferson County And Seattle: The Impact Of The Parents Involved Ruling And District Actions, William J. Glenn
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
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, an analysis …
Cyber Bullying And Free Speech: Striking An Age-Appropriate Balance, Raul R. Calvoz, Bradley W. Davis, Mark A. Gooden
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 …
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
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
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 a …
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
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 sorting …
Personal Insights And Experiences Regarding The Passage Of Title Ix , Birch Bayh
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 involved …
Worth Fighting For: Thirty-Five Years Of Title Ix Advocacy In The Courts, Congress And The Federal Agencies, Marcia D. Greenberger, Neena K. Chaudhry
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 that …
Overcoming A Hostile Work Environment: Recognizing School District Liability For Student-On-Teacher Sexual Harassment Under Title Vii And Title Ix, Heather Shana Banchek
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: How We Got It And What A Difference It Made, Bernice Resnick Sandler
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.
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
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."
Title Ix As Pragmatic Feminism, Deborah L. Brake
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 a …
Raza Womyn Engaged In Love And Revolution: Chicana/Latina Student Activists Creating Safe Spaces Within The University, Anita Tuerina Revilla
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 acted upon …
Ohio Charter Schools And Educational Privatization: Undermining The Legacy Of The State Constitution's Common School Approach, Nathaniel J. Mcdonald
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 …
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Cleveland State Law Review
In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Reading, Writing, But No Biting: Isolating School Children With Aids, Carolyn J. Kasler
Cleveland State Law Review
AIDS is a unique disease with unknown, unproven risks and undetermined potential for affecting our society's well-being. Due to the age and uncertainty of the disease, it must be addressed differently from any other diseases with which we have been faced in the past. The problems are severe, and barriers facing both victims and non-victims in the school setting are phenomenal. We must not be without compassion for the victims, children innocently contaminated by this devastating disease, for the victims in this country may soon outweigh the unaffected citizens. Presently, we have a duty to prevent the spread of this …
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
Cleveland State Law Review
Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in …
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Personality As A Criterion For Faculty Tenure: The Enemy It Is Us, Perry A. Zirkel
Cleveland State Law Review
Faculty tenure has been the subject of continuing concern and controversy in American higher education. Problems in this area, including the lack of definitive standards for evaluating tenure candidates, have been highlighted by the recent downturn in the economy and the resultant decline in both enrollment and employment in colleges and universities. This trend is actively demonstrated by the Fourth Circuit Court of Appeals decision in Mayberry v. Dees. This Article advocates and proposes a more exacting judicial review of faculty tenure cases that are based on collegiality or other such personality criteria. Initially, the operational context of faculty tenure …
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Free Speech Rights Of Public School Teachers: A Proposed Balancing Test, Janis L. Reynolds
Cleveland State Law Review
This Note will advocate that freedom of speech should be extended to public school teachers, in the sense of curricular and extracurricular activities. As recent federal cases have held, the teacher is to be treated no differently from other citizens regarding free speech matters.
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cross-Certification Teacher Tenure Problems In Ohio, Jim Michael Hansen
Cleveland State Law Review
Cross-certification is the process by which a teacher seeks to satisfy the statutory requirements of tenure by relying on a professional, permanent, or life certificate in a field other than the field in which the teacher is employed. The Ohio Revised Code does not directly address the question of whether a teacher can cross-certify to obtain tenure. The appellate courts of Ohio are evenly divided on the question of whether cross-certification is statutorily permissible: three decisions have concluded that it is permissible, and three have concluded that it is not. This note will examine the decisions and statutes which pertain …