Law Commons^™

The Public Right To Education, Matthew P. Shaw

Vanderbilt Law School Faculty Publications

Public education is "the most important function of state and local government" and yet not a "fundamental right or liberty." This Article engages one of constitutional law's most intractable problems by introducing "the public right to education" as a doctrinal pathway to a constitutional right to education process in three steps. First, it identifies that the otherwise right-to-education foreclosing case, San Antonio Independent School District v. Rodriguez, only contemplated education as a fundamental right or liberty interest. Second, by identifying public education as a due process protected property interest, this Article presents a viable pathway for circumventing Rodriguez. Third, mindful …

Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell

Vanderbilt Law Review

Bobby and Esther Riddle, the Supreme Court of West Virginia conceded, "did an excellent job" teaching their children, Jill and Tim- possibly better than the public schools could do."' Like many fundamentalist parents, the Riddles believed the Bible required them personally to teach their children, protect them from heresy and worldly influence, and resist government intrusions that could imperil their eternal salvation. Moreover, they believed they had constitutional rights to do so. Jill and Tim Riddle studied the same subjects as public schoolchildren, but their studies were interwoven with religious lessons based upon their parents' idiosyncratic view of Christian doctrine. …

A Search For The Best Idea: Balancing The Conflicting Provisions Of The Individuals With Disabilities Education Act, Joshua A. Wolfe

Vanderbilt Law Review

One issue that is consistently at the forefront of political debate in America is the educational system. The debate over education involves funding, accountability, and curriculum issues, among others. One education issue that does not receive as much attention as some of the more politically charged issues is special education.

The goal of the American public school system is to educate all children, but how should that goal be implemented with regard to learning-disabled children? How does the educational system meet the individualized needs of disabled students while ensuring that these students are not isolated from the rest of the …

The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq

Vanderbilt Law Review

Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …

Constitutional Requirements For Standardized Ability Tests Used In Education, Lewis D. Beckwith

Vanderbilt Law Review

This Note examines the groundwork for possible legal remedies to correct the abuses of tests and testing procedures used by some educators. Because the standardized ability tests administered as prerequisites to college admission are perhaps the most significant obstacles to an individual's educational development, the discussion herein is directed primarily to them. This Note attempts to demonstrate that existing legal doctrines provide an adequate basis for challenging some of the standardized ability tests used in determining college entrance requirements as violations of equal protection and procedural due process. It also discusses the scope of a proper remedy for individuals aggrieved …