Law Commons^™

Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the end of October, the Arkansas Department of Education released annual adequate yearly progress (AYP) figures for Arkansas schools. These results are based on benchmark and end-of-course test scores in math and literacy for both overall populations and subgroups within schools. They are used to determine whether a school meets state standards and, given their performance in the most recent two years, whether they are placed in the "school improvement" category

Ua5/2 University Attorney - Case File, Wku Archives

WKU Archives Collection Inventories

Unprocessed case files maintained by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

Parameters of Law in Student Affairs and Higher Education (CNS 670)

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

CASAL Faculty Publications

In Elk Grove Unified School District v Newdow (Elk Grove)

the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.

High School End-Of-Course Exams Show Proficiency Gains For 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In July, the ADE released results for the 2009-10 end-ofcourse (EOC) exams given in Algebra I, Geometry, and Biology administered in April 2010. These results followed the Grade 11 Literacy results released in June. First, we present statewide 2010 results compared to last year. Second, test scores are examined across the state by districts' region, poverty level, and size. Third, we consider the performance of Arkansas students on other assessments to see if these results are consistent with EOC results.

Act 60: The Past, Present, And Future Of School Consolidation In Arkansas, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Since its passage in 2004, Arkansas’ Act 60 has had a major impact on the smallest school districts in Arkansas. The law requires school districts to be consolidated if their enrollment drops below 350 for two consecutive years. This policy brief will report on the numbers and types of schools and districts that have closed since the passage of Act 60. Moreover, the brief will evaluate the enrollment trends to predict which school districts are “at-risk” of being consolidated for dropping below the 350 student threshold established by Act 60. The data for this policy brief is excerpted from a …

A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups, Zorka Karanxha, Bobbie J. Greenlee

Educational Leadership and Policy Studies Faculty Publications

The purpose of this study was to examine group dynamics of educational leadership students in cohorts and make comparisons with the group dynamics characteristics of non-cohort students. Cohorts have emerged as dynamic and adaptive entities with attendant group dynamic processes that shape collective learning and action. Cohort (n=42) and non-cohort (n=51) students were surveyed on group variables of participation, communication, influence, trust, cohesiveness, empowerment, collaboration, and satisfaction. Descriptive statistics and effect size analyses were used for data analysis. Significant differences were identified in trust, cohesiveness, and satisfaction. However, findings show little effect on cohort structures in the areas of participation, …

Panel I: Professor Brodley’S General Contributions To Antitrust Scholarship : Introduction, Keith N. Hylton

Faculty Scholarship

When I began teaching Antitrust, I was the junior colleague of a more senior antitrust scholar, teaching the course on opposite semesters to the relatively few students who were forced by scheduling conflicts to take the course with me as their teacher. After my senior colleague departed for another school – and after the departure of some other senior Law and Economics colleagues – I was for a brief period the senior antitrust scholar at the institution, and this was in only my fifth year of teaching law. Boston University soon approached me and my wife with the offer of …

Test Scores Show More Students Scoring Proficient Or Advanced In 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In mid-June, the ADE released the results of the 2009-10 standardized achievement tests, including the Arkansas Benchmark and SAT-10 exams for students in grades 3- 8 and the End-of-Course (EOC) Literacy exam for students in grade 11. The following policy brief will highlight the current performance of all Arkansas students, the performance for particular subgroups of students, and finally the changes in achievement over time.

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …

The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings

Faculty Scholarship

Affirmative action, since its inception in 1961, has been under siege. The backlash against affirmative action began in earnest almost immediately following its origination through President John F. Kennedy’s and President Lyndon B. Johnson’s Executive Orders. Organized hostility in opposition to affirmative action crystallized early with “color-blind” theories posited and adopted, “reverse discrimination” alleged and embraced, and constitutional narrowing through adoption of white-privileged justifications. Enmity against affirmative action continues unabated today as exemplified by recent academic writings and studies purporting to prove that affirmative action positively injures African Americans and recent state-wide campaigns seeking to eradicate affirmative action through state …

National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In March, the Common Core State Standards Initiative (CCSSI) released drafts of the proposed National Standards for K-12 education in English Language Arts and Literacy, History/Social Studies, Science, and Math. The draft standards were developed in collaboration with teachers, school administrators, and experts with the goal of providing a clear and consistent framework to develop “college or career ready” students. In this draft, the authors attempt to define knowledge and skills students that high school graduates need for entry-level, credit bearing academic college courses and workforce training programs.

How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In late March, the winners for Round 1 of the federal Race to the Top (RttT) were announced. The competitive grant funded under the American Recovery and Reinvestment (ARRA) was described in more detail in an OEP policy brief posted here . In January, Arkansas joined 40 other states in submitting an application. When the finalists were announced, Arkansas was ranked 17th and just missed the cut! In this policy brief, we provide a brief overview of how the Arkansas application fared and what our state leaders could do to increase our chances for Round Two.

Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Almost 45 years ago to this day, the federal government enacted the Elementary and Secondary Education Act (ESEA) on April 11, 1965. The Act, which provided funds for professional development, instructional materials, resources to support educational programs, and promoted parental involvement in primary and secondary education, has been reauthorized about every five years since its enactment. The current version, known more commonly as the No Child Left Behind Act, is now up for reauthorization. The following policy brief will describe the development of the Act into its current form, discuss the major components of No Child Left Behind, and highlight …

2009 Naep Reading Results, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The National Assessment of Educational Progress (NAEP), also known as “the Nation’s Report Card,” is a national assessment of what students in each state know in various subjects. The grade 4 and 8 mathematics and reading portions of the NAEP were administered in 2009. We highlighted the math results, which were released last fall, in the 2009 Arkansas Report Card (http://www.uark.edu/ua/oep/report_cards/2009_Report Card.pdf). The 2009 reading scores were released at the end of March, 2010. This policy brief highlights the recent NAEP reading results and demonstrates, bluntly, that growth has stagnated both in the U.S. and Arkansas.

After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker

Faculty Publications

This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …

Algebra For All?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In Arkansas, students graduate from high school at a relatively high rate – 72% versus the national rate of 69%. However, according to the ACT, only 35% of Arkansas graduates are ready for college-level work (based on Arkansas’ College Readiness Benchmark Scores). Our state's rate of completion from college also ranks below the national average (See Table 3.5 in OEP’s report card here). There is a strong correlation between the successful completion of an algebra course and readiness for college-level work. Because of this, there has been a great deal of interest recently in the question of whether educators in …

The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black

Faculty Publications

No abstract provided.

Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 14th annual report - Quality Counts 2010 - was released in January. Four of the six categories (Chance for Success, School Finance, The Teaching Profession, and Standards, Assessment and Accountability) were updated to reflect the most current (2010) data. Arkansas received the highest possible grade (A) in the Standards, Assessments & Accountability category, receiving perfect scores in the subcategories for Standards and School Accountability. Similarly, Arkansas' grade for Transitions and …

Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Law Faculty Scholarly Articles

In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to …

Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries

Law Faculty Scholarly Articles

Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny separation of powers problem that this form of litigation presents for state courts. This scholarship tacitly assumes a uniform approach to separation of powers among the states – one that defaults to the federal approach. Proposals for adjudicatory reforms purport either to respect separation of powers principles as we know them from federal case law or to reject the notion that such principles should have real operation in any state courts. However, this scholarship has not addressed, or even acknowledged, what would seem to be a very large …

Academic Freedom And Academic Responsibility, Nancy B. Rapoport

Scholarly Works

In this review of Matthew W. Finkin & Robert C. Post, For the Common Good: Principles of Academic Freedom (Yale University Press 2009), I examine Finkin & Post's study of academic freedom in U.S. higher education institutions and link the issues surrounding academic freedom to the issues surrounding shared governance. I argue that the problems with shared governance can create a race to the bottom in academic units.

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 …

In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart

Law Faculty Publications

In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the …

Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani

All Faculty Scholarship

This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation—a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using functional separation …

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

University Endowments: A (Surprisingly) Elusive Concept, Frances R. Hill

Articles

Even as certain policy makers press for mandatory payouts from endowments, the concept of an endowment remains surprisingly elusive. In the absence of either operational concepts of endowments or well-established metrics for identifying and measuring endowments, public policy discussions proceed with an implicit model of an endowment as "money in waiting" that is not currently in use for exempt educational purposes. This Article suggests that endowments, however conceptualized or measured, are better understood as "money in use" even though it is not being distributed. It argues that most endowment money is currently in use for at least two purposes. The …