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Education Law

2011

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Articles 1 - 30 of 47

Full-Text Articles in Law

Nclb Waivers, Misty Newcomb, Gary W. Ritter Oct 2011

Nclb Waivers, Misty Newcomb, Gary W. Ritter

Policy Briefs

No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.


An Analysis Of Disability-Related Provisions In The 2008 Higher Education Opportunity Act (Heoa): What Universities And Policy Makers Should Know, Alan Kurtz Oct 2011

An Analysis Of Disability-Related Provisions In The 2008 Higher Education Opportunity Act (Heoa): What Universities And Policy Makers Should Know, Alan Kurtz

Education

The purpose of this October 2011 policy brief is to provide state agencies, postsecondary institutions, and policy makers with an overview of changes in the 2008 Higher Education Opportunity Act (HEOA) affecting the access to education of postsecondary students with disabilities and the way teacher education programs at Institutions of Higher Learning (IHEs) prepare general and special educators to teach students with disabilities. Specifically, this analysis reviews disability-related terminology new to this revision of the HEOA, access to instructional materials for students with print disabilities, changes in access to financial aid for students with intellectual disabilities, model demonstration projects both ...


Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter Sep 2011

Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter

Policy Briefs

In recent years, the standards in Arkansas for entry into kindergarten underwent changes that can be difficult to understand. Across the nation, states have increased the minimum age of entry into public schools, and Arkansas is no exception. Recently, a policymaker in our state asked the OEP to look into the research surrounding the question of raising the kindergarten entry age. This policy brief discusses the new requirements as well as the impact of these requirements on families and children in the short and long term by looking at recent changes in Arkansas law and studies concerning the effect of ...


Cyberbullying Resource Guide, Laura E. Ray Sep 2011

Cyberbullying Resource Guide, Laura E. Ray

Law Library Research Guides - Archived

On Friday, September 23rd, 2011, the Cleveland-Marshall College of Law Journal of Law and Health sponsored the symposium Bullies in a Wired World: Cyberspace Victimization's Impact on Adolescent Mental Health and the Need for Cyberbullying Legislation in Ohio.

This guide provides informational resources to complement the symposium. The reader may also be interested in the Law Library's Cyber Law Research Guide.


When Districts Are Taken Over By The State, Nathan C. Jensen, Gary W. Ritter Aug 2011

When Districts Are Taken Over By The State, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Two types of state takeovers have been in the news this summer. The news extensively covered the state takeover of Helena-West Helena School District and Pulaski County Special School District due to fiscal issues. At their August meeting, State Board of Education members discussed amending the Academic Distress Rules in a manner that would more easily enable state takeovers on the basis of academic distress. This policy brief discusses the various classifications that might lead to a state takeover and the subsequent implications of such classifications. According to Arkansas law, namely The Omnibus Quality of Education Act of 2003, schools ...


2011 Arkansas Benchmark Test Results: District By District Scores, Nathan C. Jensen, Gary W. Ritter Jul 2011

2011 Arkansas Benchmark Test Results: District By District Scores, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

One day after the Arkansas Department of Education (ADE) released the results from the spring 2011 Arkansas Benchmark exams, the OEP received a call from a local constituent asking how districts in Northwest Arkansas compared to the rest of the state. Surprisingly, this type of question - often asked by educators, policymakers, researchers, parents, and concerned citizens - is not that easy to answer by simply glancing at the ADE-provided data. 1 Therefore, we put together a little policy brief to make the data more clearly understood.


Educational Justice And The Recognition Of Marriage, Scott T. Fitzgibbon Jul 2011

Educational Justice And The Recognition Of Marriage, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This article describes a fundamental dimension, ignored in the literature, of the ethical basis of the fiduciary relationship. It considers and rejects an account of the fiduciary relationship based on contract. It develops, instead, a virtue-based approach to the fiduciary relationship founded upon the goods of faithfulness, beneficence, clarity of thought, and dedication to the truth.

This article proposes that the relationship between teacher and student is fiduciary. It develops the thesis that a primary or secondary school teacher has especially high duties to the student: obligations, resembling those of a guardian, a trustee, an executor, and an attorney, of ...


Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen Jul 2011

Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen

Faculty Publications and Presentations

This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from ...


Truth, Justice, And The Libertarian Way(S), Gary Lawson Jul 2011

Truth, Justice, And The Libertarian Way(S), Gary Lawson

Faculty Scholarship

More than twenty years ago, I was commissioned to write an article – my very first scholarly article – on “the ethics of insider trading” (this was hot on the heels of the Ivan Boesky insider-trading scandal of the mid-1980s).1 After tracing philosophical debates concerning the morality of exchanges based on unequal information from Cicero and Aquinas through Henry Manne and Frank Easterbrook,2 I had to decide what I could responsibly say in a scholarly work as a matter of substantive moral theory about the practice of insider trading – and derivatively what it would be appropriate to say normatively in ...


Coordinating Loan Repayment Assistance Programs With New Federal Legislation, Philip G. Schrag, Charles Pruett May 2011

Coordinating Loan Repayment Assistance Programs With New Federal Legislation, Philip G. Schrag, Charles Pruett

Georgetown Law Faculty Publications and Other Works

For decades, law school administrators, faculty members, students and graduates have worried about the problem of the ever-increasing cost of attendance at the nation’s law schools, and the rapidly rising average debt of graduating law students. The problem was particularly acute for students who desired careers in public service, because starting salaries in the government and non-profit sectors failed to keep pace with the increase in educational debt of law school graduates. In response, many law schools created loan repayment assistance programs (LRAPs), through which they subsidized loan repayment for some or all of their graduates who undertook public ...


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo Apr 2011

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These ...


Act 35, New School Performance Ratings, And School Choice, Nathan C. Jensen, Gary W. Ritter Mar 2011

Act 35, New School Performance Ratings, And School Choice, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Act 35 was a product of the Lakeview v Huckabee case and the related Extraordinary Legislative Session. The law § 6-15-2101 of the Arkansas code required the establishment of three school ratings: a rating of the school’s current academic performance (or status), a rating of the school’s academic improvement (see the OEP policy brief on the new improvement rating) 1 , and a rating based on the school’s fiscal practices. The first set of improvement scores were reported based on the standardized tests administered in spring of 2007 and 2008. The first ratings based on current academic performance are ...


The Case For Extended School Time In Arkansas, Nathan C. Jensen, Gary W. Ritter Mar 2011

The Case For Extended School Time In Arkansas, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

There is growing discussion over the topic of extended learning opportunities throughout the state. For example, this past fall at the OEP conference in November, Arkansas Associctaion of Educational Administrators Director Richard Abernathy stated that additional instructional time may be needed in order to fulfill all the curricular requirements for schools. Citing the need for additional enrichment opportunities, a bill is making its way through the Arkansas Legislature to provide funding for after school and summer school programs. Additionally, and potentially of more consequence, is a bill sponsored by Senator David Johnson (D) of Little Rock to expand learning time ...


Big Changes In How Students Are Tested, Nathan C. Jensen, Gary W. Ritter Mar 2011

Big Changes In How Students Are Tested, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

For the past decade, school accountability has relied on tests for which the essential format has remained unchanged. Educators are familiar with the yearly testing routine: schools are given curriculum frameworks, teachers use the frameworks to guide instruction, students take one big test at year’s end which relies heavily upon multiple-choice bubble items, and then school leaders wait anxiously to find out whether enough of their students scored at or above proficiency to meet state standards. All this will change with the adoption of Common Core standards. Testing and accountability aren’t going away. Instead, they are developing and ...


Early Scholarship Offers And The Ncaa, Alfred C. Yen Mar 2011

Early Scholarship Offers And The Ncaa, Alfred C. Yen

Boston College Law School Faculty Papers

Over the last few years, many NCAA Division 1 universities have begun offering athletic scholarships to progressively younger student-athletes. To its credit, the NCAA has begun considering rules that would prohibit the practice until a recruit’s junior year. This Article studies the problem of early recruiting and concludes that the NCAA’s proposed legislation will probably do little to change existing practice. While publicly-known informal scholarship offers may become scarce, clandestine understandings will probably rise, quite probably in ways that increase pressure on recruits while giving them even less certainty about the decisions they make. This will happen because ...


The Value Of Value-Added Measures, Nathan C. Jensen, Gary W. Ritter Feb 2011

The Value Of Value-Added Measures, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The concept of value-added measures of teacher or school effectiveness is prompting a great deal of discussion in K-12 Education policy circles. This debate reached a boiling point last year when the Los Angeles Times published a database of the value-added scores for all teachers in the nation's second largest school district. Proponents argue value-added measures provide important information on school and teacher effectiveness. Opponents argue value-added measures are imprecise instruments which measure student background instead of teacher or school quality. The purpose of this policy brief is to provide the reader with a general understanding of the concept ...


Quality Counts 2011, Nathan C. Jensen, Gary W. Ritter Jan 2011

Quality Counts 2011, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

On January 11, Education Week released its 15 th annual Quality Counts report. Since 1997, Education Week has been releasing yearly report cards for each state and the nation as a whole. These report cards attempt to measure educational progress and success in several areas as well as assign an overall letter grade to each state. Some of the grades assigned in the report cards measure the strength of states’ policies, while others measure educational inputs (school funding, job markets) or outputs (K-12 achievement)


Reviewing Joan Delfattore's Knowledge In The Making, Suzanne Corriell Jan 2011

Reviewing Joan Delfattore's Knowledge In The Making, Suzanne Corriell

Law Faculty Publications

A book review of Joan DelFattore's Knowledge in the Making.


Fate Of The Detroit Public Schools: Governance, Finance And Competition, Peter J. Hammer Jan 2011

Fate Of The Detroit Public Schools: Governance, Finance And Competition, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.


Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard Jan 2011

Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard

Faculty Publications

Children in foster care encounter numerous obstacles to educational success. Among these is exclusion from school, the significance of which cannot be overstated. Multiple studies have revealed both anecdotal and statistical links between suspension and failure to graduate. Recognizing that children have protected interests in their education, in 1975 the United States Supreme Court established that students facing even short suspensions from school are entitled to due process. Children in foster care, however, are rarely in a position to ensure that their due process rights, including the right not to be excluded from school arbitrarily, are protected adequately. Given the ...


Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker Jan 2011

Race And Socioeconomic Diversity In American Legal Education: A Response To Richard Sander, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes Jan 2011

Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes

Articles

No abstract provided.


Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Julian Aiken, Femi Cadmus Jan 2011

Who Let The Dog Out? Implementing A Successful Therapy Dog Program In An Academic Law Library, Julian Aiken, Femi Cadmus

Librarian Scholarship Series

No abstract provided.


Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon Jan 2011

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.


Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James Jan 2011

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James

Articles

No abstract provided.


Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams Jan 2011

Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams

Faculty Publications

The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference ...


The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss Jan 2011

The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

Articles

Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality ...


Imaginary Threats To Government's Expressive Interests, Helen Norton Jan 2011

Imaginary Threats To Government's Expressive Interests, Helen Norton

Articles

The Supreme Court’s emerging government speech doctrine permits the government to refuse to allow other parties to join, and thus change or distort, its own message. In this way, the government speech doctrine appropriately protects government’s legitimate – and valuable – expressive interests by providing a defense to free speech clause claims by private speakers who seek to compel the government to deliver their own views. Too often, however, governmental bodies are asserting their own expressive interests to claim – and some courts are permitting them to exercise – the power to punish private parties’ speech that does not threaten the government ...


Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton Jan 2011

Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton

Articles

Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands.

This Article first describes the ways in which teaching sex stereotypes may affect children, highlighting the need for further empirical research in this area. Second, it critiques the extant feminist legal response to gender-biased sex education curricula, particularly the use of precedent dealing with governmental perpetuation of stereotypes; those precedents cannot be incorporated wholesale into this context. Finally, to correct this analytical gap, this Article connects the sex education issue to the existing scholarly literature on indoctrination of schoolchildren, a literature that has hooks in both equal protection and the First Amendment. The ...


International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry Jan 2011

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry

Faculty Scholarly Works

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and ...