Law Commons^™

The Case Of Dixon V. Alabama: From Civil Rights To Students' Rights And Back Again, Philip Lee

Journal Articles

On February 25, 1960, African American students from Alabama State College participated in a sit-in at a segregated lunch grill at the Montgomery County Courthouse. The lunch grill refused to serve the students and ordered them to leave. The students left and went to the courthouse corridor, where they remained for an hour before going back to campus.

When Alabama State College learned of the students’ actions, it summarily expelled them without notice or hearing. In expelling the students, the college relied on Alabama State Board of Education regulations that allowed it to expel students for “conduct unbecoming a student …

No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne Tsoupros

Journal Articles

As a result of the No Child Left Behind Act (NCLB), schools place a great emphasis on standardized testing. Students at risk of failure are identified for additional instruction. This is aligned with the adequacy (versus equity) framework of school finance litigation, which seeks to bring the bottom up to a certain minimum level. Under the adequacy ideology, the focus is on achieving a minimum threshold of proficiency. In low performing schools where a high percentage of students are at risk of failing the test, a focus on the minimum creates disincentives to work with students performing at or above …

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.

For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …