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Full-Text Articles in Law
Diversity Efforts In Independent Schools, Michael Brosnan
Diversity Efforts In Independent Schools, Michael Brosnan
Fordham Urban Law Journal
When it comes to diversity, many high-end institutions--including those in education, politics, and media--have been slow to change and reluctant to promote people who do not fit a certain profile. They are cautious institutions reflecting the broader culture of power. Independent schools are wrestling with the same concerns as law firms. They are trying to diversify their teaching staffs and student bodies, but are having limited success. Diversifying a school with a tradition of being predominantly white (and sometimes predominantly Christian) requires work on many fronts. Any effort to hire teachers of color, to be successful, must coincide with steps …
The Diversity Dialogues In Higher Education, John H. Bunzel
The Diversity Dialogues In Higher Education, John H. Bunzel
Fordham Urban Law Journal
It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D
Fordham Urban Law Journal
In 1975, Congress passed the Education for All Handicapped Children Act. Since 1975, Congress has amended the statute several times. One of those amendments, enacted in 1990, gave the law a new name: the Individuals with Disabilities Education Act (“IDEA”). The law, as initially enacted and amended, was silent on the subject of discipline. In 1997, Congress passed the most comprehensive amendments to the IDEA to date. The amendments included provisions on the discipline of students with disabilities. Many of those provisions simply codified existing case law; others, however, helped clarify formerly opaque areas. This article will analyze the requirements …
Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes
Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes
Fordham Urban Law Journal
Public education was intended to give students a broad perspective to prepare them for living in a complex, diverse society. This article will examine a relatively recent development in public education: alternative education programs (AEPs). Using Texas public schools as a case study, this article argues that AEPs defeat public education’s goal of exposing students to a diverse student body. This is because AEPs segregate at-risk students-- usually Latinos, African Americans, Native Americans, and poor Whites--from the rest of the student population. This article deals with disciplinary AEPS, also known as DAEPs. Part I of the article will explore the …
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton
Fordham Urban Law Journal
The past decade has witnessed a remarkable resurgence of interest in all-girls’ education. Following the enactment of Title IX in 1972, the number of single-sex schools declined. By the mid 1990s, only two public girls’ schools remained. What, then, explains the remarkable renaissance that has occurred in just over a decade’s time? What has led to the renewal of interest in girls’ schools? How does an all-girls education differ from a co-educational education? The answers to these questions can be found in a series of interrelated developments in educational theory, gender research, and the link between brain function and the …
Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb
Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb
Fordham Urban Law Journal
Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option. Single-sex education for both genders can be a constructive way to address problems plaguing not only education but the culture as a …
Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes
Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes
Fordham Urban Law Journal
Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …
The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd
The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd
Fordham Urban Law Journal
The Honorable Lewis Franklin Powell, Jr. is “the education Justice” of the United States. During his tenure on the U.S. Supreme Court, from 1971 to 1987, Justice Powell authored at least twenty major opinions in education law, in addition to numerous significant concurrences and dissents. Just a sampling of Justice Powell's majority opinions on education could form the bulk of an education law textbook recognizable by any American law student. This Article will explore some of Justice Powell's major Supreme Court rulings in education law. It will also consider how these rulings may have related to aspects of Justice Powell's …
The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief
The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief
Fordham Urban Law Journal
In recent years education has evolved into the country's number one public concern. Presidential, gubernatorial, mayoral, and legislative candidates all claim to care about educating our children. Successful schools should be used by educators and policy-makers as models. In order to reproduce the success of these schools, the reasons for their success must be identified. A school's achievement data gives important indications of why it succeeds. There are also innumerable studies and reports listing factors enabling school success. The Children's School in Brooklyn, New York is a school worthy of study. The leadership is superb; teachers know their students and …
An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman
An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman
Fordham Urban Law Journal
The Individuals with Disabilities Education Act (the “IDEA”) has been a part of our public education system since 1975. The IDEA was enacted in response to the exclusion and inadequate education of children with disabilities. The IDEA is widely viewed as having opened the doors to education to previously excluded children. During the summer of 2001, as Congress labored to pass new standards for public education, the Secretary of Education under President George W. Bush's administration resisted efforts to increase funding for special education, asserting that the IDEA needed reforms that money could not address. This article argues that the …
Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo
Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo
Fordham Urban Law Journal
Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. …
Diversity Efforts In Independent Schools , Michael Brosnan
Diversity Efforts In Independent Schools , Michael Brosnan
Fordham Urban Law Journal
In recent years, independent schools have begun committing themselves to diversity. Schools are recruiting more students and teachers of color and have transformed their curriculum to better address race, gender, class religion, and sexual orientation. Schools must start marketing themselves to a broad spectrum of families, teachers, and administrators, and have done so in order to prepare students for the adult world to come. Schools need to hire and retain teachers of color. To achieve this, some overlapping efforts by schools include: creating the need to hire teachers of color with the school's mission, clarifying the school's climate and culture, …