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Education Law

2007

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Articles 1 - 30 of 45

Full-Text Articles in Law

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller Dec 2007

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.


The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield Oct 2007

The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider ...


Equal Access To Public Education: An Examination Of The State Constitutional And Statutory Rights Of Nonpublic Students To Participate In Public School Programs On A Part-Time Basis In North Carolina And Across The Nation, John Plecnik Oct 2007

Equal Access To Public Education: An Examination Of The State Constitutional And Statutory Rights Of Nonpublic Students To Participate In Public School Programs On A Part-Time Basis In North Carolina And Across The Nation, John Plecnik

Law Faculty Articles and Essays

This article argues that private and homeschool students in North Carolina have a state constitutional and statutory right to participate in public school programs on a part-time basis. This right is based on the North Carolina Constitution's explicit acknowledgment of nonpublic education and guarantees of equal protection and equal access to public schools. This right is also based on state statutes that mirror the wording and spirit of the state constitution's guarantees. Since the North Carolina Supreme Court has held that equal access to public schools is a fundamental right under the state constitution, this right can only ...


Blood And Turnips In School Funding Litigation, John Dayton, Anne Proffitt Dupre Oct 2007

Blood And Turnips In School Funding Litigation, John Dayton, Anne Proffitt Dupre

Scholarly Works

There are always winners and losers in school funding reforms, which often leads to protracted litigation in these cases. School funding reforms directly affect tax burdens, the distribution of resources, and the allocation of educational opportunities. Competition over limited resources is inevitable. Although win-win scenarios are ideal, they are not likely in school funding disputes. Limited resources generally make school funding reforms a zero-sum game, with significant systemic changes redefining who wins and loses under the new system.

After the initial exuberance that occurs with a court victory, reform advocates must still face the challenge of translating their court victory ...


The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise Sep 2007

The Story Of San Antonio Independent School Dist. V. Rodriguez: School Finance, Local Control, And Constitutional Limits, Michael Heise

Cornell Law Faculty Publications

Part of the Education Law Stories, this book chapter tells the story behind San Antonio Independent School Dist. v. Rodriguez. Mindful of the challenges incident to the federal courts' effort to dismantle de jure and de facto school segregation, the Rodriguez decision evidences reluctance by some of the Justices to become ensnarled in an effort to dismantle school finance systems in way that would affect an overwhelming majority of the nation's public schools. By side-stepping such a confrontation, Rodriguez implicitly reveals important aspects about the federal courts and, in particular, how the Justices view their role in our federal ...


The Irs And Your Politically Controversial Speakers, Mary L. Heen Sep 2007

The Irs And Your Politically Controversial Speakers, Mary L. Heen

Law Faculty Publications

During the 2008 election cycle, we can expect an upsurge of incidents in which college and unive rsity administrators rescind legitimate invitations to politically controversial speakers. As Academic Freedom and Outside Speakers, a statement issued by the MU P's Committee A on Academic Freedom and Tenure, affirms, "Because academic freedom requires the liberty to learn as well as to teach, colleges and universities should respect the prerogati ves of campus organizations to select outside speakers they wish to hear." (The statement begins on page 62 .) In the past, administrators have sometimes cited the lack of balance represented by the ...


When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas Jul 2007

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his ...


Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise Jun 2007

Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise

Cornell Law Faculty Publications

This Article assesses the likely efficacy of litigation efforts seeking to enhance equal educational opportunity by improving student academic achievement in the nation's urban public schools. Past education reform litigation efforts focusing on school desegregation and finance met with mixed success. Current litigation efforts seeking to improve student academic achievement promise to be even less successful because student academic achievement involves variables and activities located further from the reach of litigation than such variables as a school's racial composition and per pupil spending levels. Moreover, efforts to improve student achievement in the nation's urban public schools--especially high ...


Interdistrict School Choice: Clustering In Action?, Benjamin T. Siracusa May 2007

Interdistrict School Choice: Clustering In Action?, Benjamin T. Siracusa

Student Scholarship Papers

Recent years have seen the rise of new public school options in many of America’s metropolitan areas. Privately run charter schools, magnet schools that draw their attendees not only from different municipalities but also different neighborhoods, and open enrollment plans that allow children to attend school in another public school district entirely are changing the face of public education in America. The neighborhood public school, which long defined both the primary and secondary educational experience for most Americans, has become only one of many options available.

Reforms in the urban public education system have come in response to dismay ...


Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield Apr 2007

Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme ...


Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski Apr 2007

Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski

Faculty Publications

This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Apr 2007

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.


Beyond The Schoolhouse Gate: Do Student First Amendment Rights Apply To Classroom Assignments?, Leora Harpaz Apr 2007

Beyond The Schoolhouse Gate: Do Student First Amendment Rights Apply To Classroom Assignments?, Leora Harpaz

Faculty Scholarship

While it has long been apparent that the First Amendment protection for freedom of expression limits the discretion of public school teachers and administrators, it has been assumed that those limitations do not constrain equally all aspects of a school's operation. One area that has seemed somewhat immune from First Amendment free speech oversight has been the pedagogic choices made by schools in defining their own educational objectives. Public schools have been permitted to select curricular materials for use in their classrooms and have been able to evaluate whether students have fulfilled course requirements without concern that they may ...


University Policy And Procedural Responses To Students At Risk Of Suicide, Marlynn Wei Mar 2007

University Policy And Procedural Responses To Students At Risk Of Suicide, Marlynn Wei

Student Scholarship Papers

Colleges and universities have recently faced several lawsuits brought by parents of students who have committed suicide or made suicide attempts. The lawsuits are based on varying claims, including negligence, breach of contact, and discrimination. In crafting policies to respond to these lawsuits, universities should not simply seek limiting institutional liability but should balance the private interest of their students, the relationship of the school to parents of the students, requirements of due process, and their commitment to antidiscrimination principles. This paper focuses on the current procedural protections in university policies handling students at risk of suicide. I argue that ...


Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft Mar 2007

Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft

Inside UNLV

No abstract provided.


Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer Feb 2007

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted ...


Education And Homeless Youth: Policy Implementations, Ronald Hallett Jan 2007

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Benerd School of Education Faculty Articles

Hallett provides a review of research project related to McKinney-Vento.


The Case For A Collaborative Enforcement Model For A Federal Right To Education, Kimberly J. Robinson Jan 2007

The Case For A Collaborative Enforcement Model For A Federal Right To Education, Kimberly J. Robinson

Law Faculty Publications

This Article proposes an innovative approach for directing the expanding federal role in education that will encourage states to address disparities in educational opportunities that prevent disadvantaged students from achieving their full potential. The proposed approach builds on the understanding reflected in NCLB that the federal government will remain critical in public education reform. This Article reexamines one avenue for federal involvement that the U.S. Supreme Court considered in several cases and that scholars have debated for more than thirty years: a federal right to education.

San Antonio Independent School District v. Rodriguez explicitly offered the Supreme Court the ...


Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon Jan 2007

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

McGeorge School of Law Scholarly Articles

No abstract provided.


From Blackstone’S Common Law Duty Of Parents To Educate Their Children To A Constitutional Right Of Parents To Control The Education Of Their Children, Robert A. Sedler Jan 2007

From Blackstone’S Common Law Duty Of Parents To Educate Their Children To A Constitutional Right Of Parents To Control The Education Of Their Children, Robert A. Sedler

Law Faculty Research Publications

Blackstone’s Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance."

Early on American courts cited Blackstone for the proposition of the common law duty of parents educate their children. As the nineteenth century progressed, public and private schools were formed in most American states, and a number of states enacted compulsory education laws.

American states also sometimes also enacted laws that interfered with the freedom of parents to direct the education ...


Undocumented And Undefined: College Admission Policies For America's Hidden Class, Jenise Holloway Jan 2007

Undocumented And Undefined: College Admission Policies For America's Hidden Class, Jenise Holloway

Master's Capstone Projects

No abstract provided.


Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach Jan 2007

Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach

Faculty Publications

Important education reform litigation is often undertaken by lawyers with admirable intentions. It is too easy, however, particularly in the context of large, enduring, complex litigation where it is difficult to identify the class, much less name and pursue the class's goals, to lose sight of the client-lawyer relationship and the significance of client autonomy. Several recent lawsuits concerning the enforceability of No Child Left Behind exemplify issues that arise in class representation. In devising legal strategies, lawyers must balance the need to address clients' immediate problems with the pursuit of longer-term strategies for change, such as organization and ...


Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman Jan 2007

Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman

Faculty Scholarship

This article seeks to address the efficacy of school drug-testing programs. After providing some general background information on the abuse of substances, the article sets forth the Supreme Court decisions on student drug testing. Part III then discusses the extension of the jurisprudence in the state courts to show how the Supreme Court law is being expanded by the states, and is likely to be further expanded in the future. The next section, Part IV, turns to drug screening from a public health perspective, analyzing whether or not drug screening is a valid public health screen. Finally, Part V examines ...


The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Jan 2007

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


School Choice And States' Duty To Support Public Schools , Aaron J. Saiger Jan 2007

School Choice And States' Duty To Support Public Schools , Aaron J. Saiger

Faculty Scholarship

The education clauses of state constitutions require states to support schools that not only educate children adequately and equitably, but that are "public" or "common." This Article argues that state-supported school choice can be consistent with these latter requirements. Individual choices, about where to live and whether to educate children privately, have long shaped traditional "public" schooling arrangements. The more direct role choice plays in school voucher and charter programs is also consistent with the requirement that schools be "public." Such programs must ensure, however, that parents' choices among schools are "genuine and independent." This criterion, developed by the U ...


Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo Jan 2007

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.


Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers Jan 2007

Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers

UF Law Faculty Publications

In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters.


Student Teachers’ Diversity Rights: The Case Law, Zorka Karanxha, Perry Zirkel Jan 2007

Student Teachers’ Diversity Rights: The Case Law, Zorka Karanxha, Perry Zirkel

Educational Leadership and Policy Studies Faculty Publications

This chapter provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, the defendant was an institution of higher education or cooperating local school district, and the issues in dispute were related to diversity. The number of such court decisions was surprisingly small, and the outcomes generally favored the defendant institutions. The court cases fall under three categories: 1) student teachers’ diverse views on religion, 2) student teachers’ diverse forms of free speech, and 3) student teachers with special needs. Constitutional claims were the predominant avenue of litigation against school districts and ...


Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James Jan 2007

Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James

Articles

No abstract provided.


(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Faculty Publications & Other Works

In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational strategy ...