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Full-Text Articles in Law
Who Protects Whom: Federal Law As A Floor, Not A Ceiling, To Protect Students From Inappropriate Use Of Force By School Resource Officers, Elsa Haag
Duke Journal of Constitutional Law & Public Policy Sidebar
Over the past forty years, students in the U.S. have experienced increasingly strict school discipline policies and increased police presence in schools. Sent into schools with the aim of improving security in the wake of mass shootings, school resource officers (SROs) are sworn law enforcement regularly assigned to schools. But there is a paucity of evidence that SROs are effective in preventing mass shootings or provide other significant benefits. Instead, research shows that the presence of SROs results in students achieving less and experiencing more physical and emotional harm, with long-term implications and costs for individuals and communities. As trained …
Exhausted And Confused: How Fry Complicated Obtaining Relief For Disabled Students, Chris Ricigliano
Exhausted And Confused: How Fry Complicated Obtaining Relief For Disabled Students, Chris Ricigliano
Duke Journal of Constitutional Law & Public Policy Sidebar
Congress guaranteed the right of disabled children to a Free Appropriate Public Education through legislation. The Individuals with Disabilities Education Act provides a mechanism for receiving redress when those educational services are denied. Before suing, representatives of disabled children must exhaust their claims administratively according to the procedures set by the states. However, how exactly to tell which kinds of wrongs are the denial of an education and subject to exhaustion has been a subject of much confusion. The Supreme Court in Fry v. Napoleon Community Schools tried to set up a framework for when exhaustion is required versus when …