Law Commons^™

Goss V. Lopez As A Vehicle To Examine Due Process Protection Issues With Alternative Schools, Ashton Tuck Scott

William & Mary Law Review

Circuits are split on whether students are entitled to procedural protections before school officials may force them into alternative schools. This Note argues that students facing an involuntary transfer to a disciplinary alternative school are entitled to procedural protections under the Due Process Clause of the Fourteenth Amendment. Part I explains the trend toward the use of disciplinary alternative schools and the social and educational harms that these schools exacerbate. Part II explores the current circuit split around the procedural due process rights of students facing involuntary transfer to an alternative school. Part III argues that courts should expand the …

The Constitutional Right To Carry Firearms On Campus, Jared A. Tuck

William & Mary Law Review

Do individuals have the fundamental right under the Second Amendment to carry firearms on the campus of a public university? Additionally, can a public university totally ban firearms on its campus without impeding on the constitutional right to keep and bear arms protected by the Second Amendment? This Note will argue that individuals have a narrow, but constitutionally guaranteed, right to carry firearms on the campus of a public university. Therefore, it is beyond the power of states and public universities to totally ban firearms from campus premises.

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

William & Mary Law Review

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

Endrew's Impact On Twice-Exceptional Students, Catherine A. Bell

William & Mary Law Review

Approximately 2 to 5 percent of the American student population qualifies as both gifted and learning disabled. These students, labeled by educators as “twice-exceptional,” generally demonstrate superior cognitive ability, yet also present profound weaknesses in seemingly basic skills. This disconnect in twice-exceptional students’ abilities produces great difficulties for America’s public schools.

Twice-exceptional students, as a result of their disability, can generally qualify for special education services under the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEIA). Once a student qualifies for services under the IDEIA, he is entitled to receive a Free and Appropriate Public Education (FAPE). The …

Equal Liberty In Proportion, Joshua E. Weishart

William & Mary Law Review

As federal law continues to devolve more education policy making to states, state courts will remain a primary forum for settling education rights. State fora do not inspire confidence, however, because their doctrine is so uncertain. A majority of state supreme courts do not specify a level of scrutiny and at times seem to be improvising judicial review. The resulting decisions can exhibit a troubling lack of foresight. Most notably, while federal doctrine increasingly reveals the interrelation of liberty and equality claims, state courts have failed to capitalize on that point—even though their decisions were among the first to concede …

Taking Teacher Quality Seriously, Derek W. Black

William & Mary Law Review

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …

Tinker-Ing With Speech Categories: Solving The Off-Campus Student Speech Problem With A Categorical Approach And A Comprehensive Framework, Scott Dranoff

William & Mary Law Review

No abstract provided.

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

William & Mary Law Review

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Jenkins

William & Mary Law Review

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger

William & Mary Law Review

No abstract provided.

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

William & Mary Law Review

No abstract provided.

Social Meaning And School Vouchers, Neal Devins

William & Mary Law Review

No abstract provided.

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

William & Mary Law Review

No abstract provided.

Public School Desegregation In Virginia During The Post-Brown Decade, Carl Tobias

William & Mary Law Review

No abstract provided.

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.

Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell

William & Mary Law Review

No abstract provided.

State Aid To Religious-Affiliated Schools: A Political Analysis, Mark P. Gibney

William & Mary Law Review

No abstract provided.

School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins

William & Mary Law Review

No abstract provided.

Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard O. Hunter

William & Mary Law Review

No abstract provided.

De-Facto Segregation, Paul Auster

William & Mary Law Review

No abstract provided.

Constitutional Law - De-Facto Segregation

William & Mary Law Review

No abstract provided.

The Deductibility Of Educational Expenses Under Section 162(A) Of The Internal Revenue Code, John J. Harrington

William & Mary Law Review

No abstract provided.