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Full-Text Articles in Law

Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha Dec 2012

Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr Nov 2012

Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.


Growth Model Evaluations: Possibilities And Pitfalls, John Dively Nov 2012

Growth Model Evaluations: Possibilities And Pitfalls, John Dively

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.


Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch Nov 2012

Teacher Unions, The Right To Work, And Fair Share Agreements, Charles J. Russo, C. Daniel Raisch

Educational Leadership Faculty Publications

The status of collective bargaining in public education is in flux. As a result of a movement that began in the early 1960s, more than 30 states now have laws that allow teachers and other public school employees to form unions in order to bargain collectively with their school boards over the terms and conditions of their employment.

Further, three jurisdictions prohibit public-sector unions, and in an overlapping tapestry, 23 states—most recently Indiana— have enacted right-to-work laws that bar contracts that require workers to join unions as a condition of employment.

Aware that unions derive their operating revenues from member …


Breakfast And Lunch Participation In Massachusetts Schools, Center For Social Policy, University Of Massachusetts Boston, Massachusetts Budget And Policy Center, Massachusetts Law Reform Institute, Eos Foundation Oct 2012

Breakfast And Lunch Participation In Massachusetts Schools, Center For Social Policy, University Of Massachusetts Boston, Massachusetts Budget And Policy Center, Massachusetts Law Reform Institute, Eos Foundation

Center for Social Policy Publications

The Center for Social Policy at the University of Massachusetts Boston (CSP), the Massachusetts Budget and Policy Center (MassBudget), and the Massachusetts Law Reform Institute (MLRI), with support from the Eos Foundation, established a research team to examine school food and related programs in Massachusetts.

While the team developed an overview of all federally funded food programs in Massachusetts, the focus of our work was on school meal programs and several aspects of the Supplemental Nutritional Assistance Program (SNAP). The full project is composed of several individual pieces of research and analysis, most of which were primarily undertaken by one …


Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky Oct 2012

Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky

Faculty Publications

Public colleges and universities increasingly are using Facebook, Second Life, YouTube, Twitter, and other social media communications tools. Yet public colleges and universities are government actors, and their creation and maintenance of social media sites or forums create difficult constitutional and administrative challenges. Our separate experiences, both theoretical and practical, have convinced us of the value of providing guidance for public higher education institutions wishing to engage with their constituents-including prospective, current, and former students and many others-through social media.

Together, we seek to guide public university officials through the complex body of law governing their social media use and …


The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo Sep 2012

The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo

Educational Leadership Faculty Publications

Recent legislation raised questions about the status of teachers unions and public-sector collective bargaining. Although the changes in Florida, Idaho, and Tennessee occurred with a minimum of disruption, the same was not true in Ohio and Wisconsin. Voters in Ohio repudiated a law that would have placed significant limits on the rights of public employees to bargain collectively (McNeil 2011a). Conversely, voters in Wisconsin defeated a recall election intended to remove the governor and legislators who acted to curtail the bargaining power of teachers unions (Stein 2012).

Organized labor and collective bargaining in education have grown to the point at …


Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane Aug 2012

Blaine It On Politics: The (Non-) Effect Of Anti-Aid Amendments On Private School Choice Programs In The U.S. States, Patrick J. Wolf, Richard D. Komer, Michael Q. Mcshane

Education Reform Faculty and Graduate Students Publications

James G. Blaine was a prominent American politician of the late 19th Century. Although Blaine was an unsuccessful Republican candidate for President in 1884, U.S. Secretary of State, Speaker of the House, and a Senator from Maine, his primary legacy was the enshrinement of "anti-aid" amendments in the constitutions of 39 U.S. states. These so-called "Blaine Amendments" were designed to prohibit government funds from supporting "sectarian" religious organizations such as schools and charities. In Blaine's day, "sectarian" was widely understood to be a euphemism for "Catholic". Nondenominationally Protestant organizations such as the public schools of the day were considered to …


Board Of Trustees Names Robel As New Iu Provost, Colleen Sikorski Jun 2012

Board Of Trustees Names Robel As New Iu Provost, Colleen Sikorski

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha May 2012

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr. Mar 2012

Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Who could have anticipated the effect of the Internet on education, or of social networking sites such as Facebook or MySpace? Yet given the relatively new state of the law, as the legal system struggles to keep pace with technological advances, the courts are reaching markedly different outcomes on the extent to which education officials can punish students who violate school rules, especially if their behavior originated out of school or involved First Amendment free speech claims.

In light of the legal and technological challenges facing school business officials (SBOs), school boards, and other education leaders, the first part of …


Robel Settles Into Interim Provostship, Kristen Clark Feb 2012

Robel Settles Into Interim Provostship, Kristen Clark

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena Jan 2012

Strengthening The Education Management Information System (Emis) In Tanzania: Government Actors’ Perceptions About Enhancing Local Capacity For Information-Based Policy Reforms, Assela M. Luena

Master's Capstone Projects

Strengthening the Education Management Information System (EMIS) in Tanzania is an important task, as the government needs quality data and information to support the creation of sound policies, making plans and managing educational resources. Well-functioning EMIS can ensure achievement of national goals to provide quality education, which is the basis for facilitating economic growth and sustainable development. The government also needs quality data and information in order to enhance monitoring and evaluation of the education sectors’ performance and ensure the right direction for achieving the intended goals and objectives.

Creating a sustainable and efficient EMIS is a challenge that requires …


Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg Jan 2012

Indecent Exposure: Do Warrantless Searches Of Cell Phones Violate The Fourth Amendment?, Amy Vorenberg

Law Faculty Scholarship

This article argues that searches of student’s cell phone should require a warrant in most circumstances. The amount and personal nature of information on a smart phone warrants special Fourth Amendment protection. This issue is particularly relevant in the public school setting where administrators routinely confiscate phones from students caught using them in school. With more frequency, administrators are looking at the phones, scrolling through text messages and photos, and on some occasions, responding to text messages.

The U.S. Supreme Court in Safford v. Redding, acknowledges the special considerations that school children should be afforded in part because of the …


Reutter’S The Law Of Public Education, Charles J. Russo Jan 2012

Reutter’S The Law Of Public Education, Charles J. Russo

Educational Leadership Faculty Publications

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.


Can Students Be Disciplined For Off-Campus Cyberspeech: The Reach Of The First Amendment In The Age Of Technology, Charles J. Russo, Allan G. Osborne Jr. Jan 2012

Can Students Be Disciplined For Off-Campus Cyberspeech: The Reach Of The First Amendment In The Age Of Technology, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The widespread use of technology in today's schools has ushered in a host of legal issues that educators and parents could not have contemplated just a few years ago. Within the past decade, students have had the unprecedented ability to send text messages and instant messages, create websites, post blogs, construct Internet profiles, and post messages on burgeoning social networking sites, most notably Facebook. Even when students engage in such speech-related activity off campus using their personal computers, their actions and posts on such social networking sites as MySpace and Facebook can have carryover effects into school and classroom environments. …