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Education Law

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2019

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Full-Text Articles in Law

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq. Dec 2019

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.

Child and Family Law Journal

No abstract provided.


Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva Dec 2019

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …


“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith Dec 2019

“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith

Journal of Law and Policy

For over a century, the United States Supreme Court has held, in sum and substance, that students do not “shed their constitutional rights . . . at the schoolhouse gate.” In practice, however, while not shed entirely, many of those rights have been increasingly limited. “Disturbing Schools” Laws subject students to criminal charges for behaving in a distracting or obnoxious manner on campus—behavior which can easily be conceptualized as typical adolescent behavior. Challenges to Disturbing Schools Laws have resulted in opposing outcomes across Circuit Courts. This Note discusses how students may use the Fourth Circuit case Kenny v. Wilson to …


The Promise And Peril Of Using Disability Law As A Tool For School Reform, Claire Raj Dec 2019

The Promise And Peril Of Using Disability Law As A Tool For School Reform, Claire Raj

Washington Law Review

Advocates have recently devised a radical litigation approach to force broad systemic changes in public schools using the most unlikely of tools: disability law. If they succeed, disability law stands to eclipse any other cause of action as the most effective means of school reform. This novel approach relies on groundbreaking research demonstrating a correlation between Adverse Childhood Experiences (ACEs) that children encounter outside school and the learning challenges they face in school. Focusing on this link, advocates claim that children from impoverished and crime-ridden neighborhoods, by virtue of where they live, have disabilities that entitle them to system-wide school …


Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz Dec 2019

Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz

Buffalo Law Review

No abstract provided.


The Failings Of Title Ix For Survivors Of Sexual Violence: Utilizing Restorative Justice On College Campuses, Katie Vail Dec 2019

The Failings Of Title Ix For Survivors Of Sexual Violence: Utilizing Restorative Justice On College Campuses, Katie Vail

Washington Law Review

Universities should adopt restorative justice practices to serve the legal and personal needs of student survivors of sexual violence. Title IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance. Since 1997, the Department of Education’s Office for Civil Rights has issued “Dear Colleague Letters” to federally funded institutions to assist with Title IX compliance and implement procedures for complaints of sexual violence. In 2011, Assistant Secretary for Civil Rights Russlyn Ali under the Obama administration issued a Dear Colleague Letter, which expanded protections for survivors. However, it prohibited the …


Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor Nov 2019

Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor

Brigham Young University Education and Law Journal

No abstract provided.


“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey Nov 2019

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.


Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer Nov 2019

Smile, You’Re On Camera: A Discussion Of The Privacy Rights Of Teachers In The Modern Day Classroom, Dakota Brewer

Brigham Young University Education and Law Journal

No abstract provided.


Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars Nov 2019

Nonprofit College Crash: Enforcing Board Fiduciaries Through Increased Accountability And Transparency In The Irs Form 990 Procedure, Patrick R. Baker, Paula Hearn Moore, Kaleb Paul Byars

Brigham Young University Education and Law Journal

No abstract provided.


Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti Oct 2019

Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti

International Review of Humanities Studies

This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …


When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry Oct 2019

When Legislatures Become The Ally Of Academic Freedom: The First State Intellectual Diversity Statute And Its Effect On Academic Freedom, Patrick M. Garry

South Carolina Law Review

No abstract provided.


Affirming The Purpose Of Affirmative Action: Understanding A Policy Of The Past To Move Toward A More Informed Future, Meagan Schantz Oct 2019

Affirming The Purpose Of Affirmative Action: Understanding A Policy Of The Past To Move Toward A More Informed Future, Meagan Schantz

Sacred Heart University Scholar

The application of affirmative action policies to university admissions is a topic of ongoing controversy. This article (ex)amines the debate through an interdisciplinary lens, drawing on the fields of history, law, and ethics. The first section provides historical background on affirmative action policies, tracing how they expanded from the employment sector into higher education. Next examined are legal challenges to affirmative action in admissions, with a focus on the pivotal 1978 Bakke case. The ethical implications of affirmative action are next considered, in particular the question of how affirmative action can be applied in a way that supports disenfranchised groups …


Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala Oct 2019

Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala

Northwestern Journal of Law & Social Policy

In its 1982 opinion in Plyler v. Doe, the Supreme Court held that a state could not deny undocumented children living within its borders a public and free K-12 education. This Note argues that Plyler’s protections extend to publicly-funded early childhood education programs that serve children between the ages of three and five. Due to the broad support of researchers, educators, and the general public, early childhood education programs funded by local, state, and the federal governments have become an integral part of a comprehensive public education today. While these early childhood education programs are nominally open to all students …


The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott Oct 2019

The State Of Texas Recognizes The 50th Anniversary Of The St. Mary’S Law Journal, Greg Abbott

St. Mary's Law Journal

The Honorable Greg Abbott, Governor of the State of Texas, issued a certificate in 2019 recognizing the 50th Anniversary of the St. Mary's Law Journal and their contribution to the legal profession.


Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman Oct 2019

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

St. Mary's Law Journal

Abstract forthcoming


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Character Of Law: A Normative Critique Of Social-Emotional Learning Laws, Meredith R. Aska Mcbride Sep 2019

The Character Of Law: A Normative Critique Of Social-Emotional Learning Laws, Meredith R. Aska Mcbride

Northwestern University Law Review

This Note examines a widespread but barely acknowledged phenomenon within education law: the recent enactment, in all fifty states, of statutes and standards regarding students’ social and emotional learning within public schools. Despite significant empirical evidence that curricular and disciplinary interventions targeting students’ social and emotional skills are effective at building these skills and, in turn, enhancing students’ academic and long-term outcomes, this Note argues that social and emotional learning should not be legislated. Drawing on James Scott’s seminal critique of processes of state rationalization and Jal Mehta’s application of this critique to education policy, this Note shows that the …


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth Jul 2019

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department Jul 2019

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen Jul 2019

Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen

South Carolina Law Review

No abstract provided.


Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein Jul 2019

Legal Education In The United States: Moving Toward More Practical Experience, Hon. Sandra R. Klein

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen Jul 2019

Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen

Maryland Law Review

While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been …


Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel Jun 2019

Impartial Hearings Under The Idea: Legal Issues And Answers, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney Jun 2019

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.


Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza Jun 2019

Mental Health Care In America: Addressing The Mental Health Crisis In Public Schools, Connor Breza

Health Law Outlook

No abstract provided.


Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero May 2019

Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero

University of Miami Law Review

A vociferous debate rages over the measures that should be taken to prevent high-profile incidents of mass school shootings like that at Marjory Stoneman Douglas High School in Florida on February 14, 2018, or, more recently, that at Santa Fe High School in Texas on May 18, 2018. Heightened security and surveillance measures, such as metal detectors and closed-circuit television (“CCTV”) monitoring, have been proposed in a variety of school districts. These measures, however, have been shown to have only a deleterious effect on learning outcomes and the relationships between students and school faculty, and they may even be hazardous …


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth May 2019

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch Apr 2019

Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch

Seattle University Law Review

This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …