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Articles 1 - 10 of 10
Full-Text Articles in Law
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
Faculty Articles
As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …
Counting Zeros: The Every Student Succeeds Act And The Testing Opt-Out Movement, Paul A. Hoversten
Counting Zeros: The Every Student Succeeds Act And The Testing Opt-Out Movement, Paul A. Hoversten
Michigan Law Review Online
The story begins with threatening letters. In October 2014, the U.S. Department of Education reminded Colorado’s chief state school officer that the department “ha[d], in fact, withheld Title I, Part A administrative funds . . . from a number of States for failure to comply with the assessment requirements” under the Elementary and Secondary Education Act. Given the occasion, the department implied, it wouldn’t hesitate to be ruthless.
Colorado could be forgiven for assuming it was authorized to craft its own policies in this arena; according to the Wall Street Journal, the Every Student Succeeds Act (ESSA) represented “the …
Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran
Sorting And Reforming: High-Stakes Testing In The Public Schools, Rachel F. Moran
Akron Law Review
As with “Millionaire,” these practices are widely accepted, roundly applauded, but nevertheless quite controversial. In this article, I will first examine the historical origins of high-stakes testing. Next, I will describe the growing interest in these tests in elementary and secondary schools as well as the tensions that have resulted. Then, I will explore the most significant challenges to the use of high-stakes testing as a requirement for graduation or promotion to another grade. This article will close by contemplating the likely future of the movement for testing and accountability.
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
University of Massachusetts Law Review
Student loans are presumptively non-dischargeable through bankruptcy, but the undue hardship doctrine provides an equitable “safety valve” for the indigent. To date, the United States First Circuit Court of Appeals has yet to select a single legal test for determining undue hardship under the United States Bankruptcy Code (“Bankruptcy Code”). Within the jurisdiction of the First Circuit, bankruptcy courts are free to choose an approach to evaluate undue hardship. In an effort to ensure consistency throughout the bankruptcy courts within the First Circuit, it would be ideal if the First Circuit would choose one of the undue hardship tests. However, …
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Journal of Undergraduate Research at Minnesota State University, Mankato
The study compares Illinois’ and Minnesota’s education fiscal policies. Illinois funds it’s education system mainly from the local level, whereas Minnesota funds it’s mainly from the state level. Thus, in Illinois, if there are discrepancies between household incomes in wealthier and poorer areas, the schools in wealthier areas would receive more money than those in poorer areas. Test scores are then compared. Illinois typically has lower scores than Minnesota. The conclusion is that Illinois’ policies are hindering their students’ learning, compared to Minnesota students, with some mixed results.
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
Donald J. Kochan
As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …
High School End-Of-Course Exams Show Proficiency Gains For 2010, Nathan C. Jensen, Gary W. Ritter
High School End-Of-Course Exams Show Proficiency Gains For 2010, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In July, the ADE released results for the 2009-10 end-ofcourse (EOC) exams given in Algebra I, Geometry, and Biology administered in April 2010. These results followed the Grade 11 Literacy results released in June. First, we present statewide 2010 results compared to last year. Second, test scores are examined across the state by districts' region, poverty level, and size. Third, we consider the performance of Arkansas students on other assessments to see if these results are consistent with EOC results.
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.