Education Law Commons^™

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Classical Batik Tradition And The Rifa'iyah Women, Adlien Fadlia

International Review of Humanities Studies

This research is a qualitative research using the phenomenological method. The research sample is women – therefore called the Rifa’iyah women – who make batik in Rifa’iyah community in the district of Batang, Central Java. Data collection techniques are applied by conducting interviews and observation guidelines. Data analysis techniques are used by using descriptive analysis. Women in the Rifa’iyah community have a prominent role to play in the productivity of batik. The Rifa’iyah people place batik not only as an economic commodity but also as a place for women in the public sphere, no longer only in the domestic area. …

Kuasa Atas Ruang Pembebasan’: The Resilience Ofwomen In Sasak Culture, Lucky Wijayanti

International Review of Humanities Studies

The Sasak tribe on Lombok island - West Nusa Tenggara, have traditional values and are applied through the social structure of their communities in daily life. Some existing customary values place women in irreplaceable positions. Even so, the existence of financial needs makes them work abroad as laborers, which indirectly results in the occurrence of divorce and early marriage. This is a problem for Sasak women in terms of survival in the Sasak culture. An ethnographic approach derived from Malinowski, the opinion of Svasek, and the value system framework from Kluckhohn are used in this study. This research concludes that …

Supporting Our Troops In Higher Education: Veteran Admissions Training Program, Steven Delgado

Master's Theses

An overview of a Veteran Admissions Training Manual for a California State University campus.

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the …

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …

Legal Contexts Of Education, Vanessa Garry

Open Educational Resources Collection

This is a collection of readings relevant to local Saint Louis, Missouri state and United States federal, laws and cases as they relate to education policies. The readings are organized by topic, as show below.

The First Amendment

• Tinker v. Des Moines School Dist.
• Hazelwood School District v. Kuhlmeier
• Bethel School Dist. No. 403 v. Fraser
• What Does Free Speech Mean?

The Fourth Amendment

• New Jersey v. T. L. O.
• What Does the Fourth Amendment Mean?

The Eighth Amendment

• Ingraham v. Wright

The Fourteenth Amendment

• Goss v. Lopez
• Honig v. Doe

Missouri Laws

• Stewart v. Board of Ed. of Ritenour …

From Crime And Punishment To Harm And Healing, Louis L. Fletcher Phd, David Watson

National Youth Advocacy & Resilience Conference

Expulsion hearings do not have to be contentious events. Using restorative practices in an accountable environment changes the expulsion hearing into an alternative placement discussion where parents, students, and school officials figure out the next step together.

Rethinking Constitutionality In Education Rights Cases, Joshua E. Weishart

Arkansas Law Review

Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching judges, closing schools, stripping courts of jurisdiction, and holding legislators in contempt. Despite all the bluster, judges and legislators both anxiously await the curtain call, when they can bow out and terminate the matter. In the end, what passes for constitutionality in the successful cases is a school funding scheme judged “reasonably likely” or “reasonably calculated” to achieve an adequate or equitable education—as opposed to …

In The Room Where It Happens: Including The “Public’S Will” In Judicial Review Of Agency Action, Twinette L. Johnson

Arkansas Law Review

In the context of higher education reform, the people need to be in the important rooms where the decisions are being made. One such room is the courtroom. This essay elaborates on this premise, previously written about in an article I wrote entitled, 50,000 Voices Can’t Be Wrong, But Courts Might Be: How Chevron’s Existence Contributes to Retrenching the Higher Education Act. That article was the second in a series of three articles on the retrenchment of the Higher Education Act of 1965 (“HEA”) using the William Eskridge and John Ferejohn statutory entrenchment model.

Enforcing The Right To Public Education, Areto A. Imoukhuede

Arkansas Law Review

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.

Charter Schools, Academy Schools, And Related-Party Transactions: Same Scams, Different Countries, Preston C. Green Iii, Chelsea E. Connery

Arkansas Law Review

In the course of the last quarter century, governmental entities in both the United States and England have sought to encourage educational innovation by creating publicly funded schools that are independent from many of the rules that apply to locally controlled schools. These schools are called charter schools in the United States and academy schools (academies) in England. Private companies run a high percentage of these charter schools and academies. In the United States, these companies are commonly referred to as educational management organizations (EMOs). In England, these organizations are called academy trusts (ATs).

Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr.

Arkansas Law Review

Charter school success or failure is not simply a matter of chance. Both the existence and aggregate quality of charter schools in a state depend on the provisions of state charter school laws. These laws address a wide range of issues and vary from state to state. But the experiences of states with significant charter sectors, as well as those with innovative charter policies, provide important lessons for the charter school movement as a whole.

Perversity As Rationality In Teacher Evaluation, Scott R. Bauries

Arkansas Law Review

Rational basis review is broken. Consider a vignette: Imagine a student, Lisa, who is about to graduate high school. Lisa has already completed all of the graduation course requirements early and is spending her time during her senior year taking interesting electives and dual-enrollment college courses. The state has a statute that requires school districts to deny a diploma to any student “who, during the final year of school attendance, fails to achieve a passing score on the state-approved, end-of-course exams in the courses of Language Arts, Mathematics, Science, and Social Studies in which that student is then-currently enrolled.”

Breaking The Norm Of School Reform, Derek W. Black

Arkansas Law Review

Major school improvement efforts have failed in recent decades for two reasons. First, the endless pursuit of reform for reform’s sake over the last few years undermines school improvement.1 Second, we have abandoned or, at least, lost our focus on the fundamental educational goals that animated education policy decades—and sometimes centuries—ago. Those goals, while never fully attained, have always sought to move us to a more just system of public education. By losing that focus, our education systems remain wedded to practical norms that consistently undermine equal and adequate educational opportunities.

The State Of Education Reform, Danielle Weatherby

Arkansas Law Review

From the earliest days of the common school to the present struggle to meet the needs of an increasingly diverse population, the country has expected that education will equip citizens for economic survival and growth; prepare them for an increasingly global marketplace; strengthen the bonds among people from different racial, ethnic, cultural, and social class groups; and sustain the nation’s democratic institutions. If schools are to do their part in contributing to fulfilling these goals, they need to be extraordinarily resilient and resourceful, and they need to be open to change.

Perceptions Of Student Organization Advisors Regarding Hazing And Antihazing Law, Paul Andrew Hermansdorfer

Theses, Dissertations and Capstones

Despite persistent and documented issues regarding hazing, scholarly attention remains limited. A review of the literature revealed the majority of studies focused on student perceptions and behavior. Faculty and staff, specifically student club and organization advisors, should be involved with the prevention of hazing, too, but first there must be an understanding of the perceptions and issues that challenge them. The purpose of this descriptive, cross-sectional, nonexperimental study was to examine student organization advisors’ awareness and perceptions of West Virginia Antihazing Law, awareness of hazing on their campuses, and responses if hazing were to occur. The study was administered to …

School Safety In Rural Settings, Daniel W. Eadens, Larry Walker, Vasily Yurin

Faculty Scholarship and Creative Works

Extreme violence is in our communities and sometimes flows into our schools. Read no further than the local newspapers if you want to see the impact on campus: physical violence, serious injury, suicide, mental crises, and threats with deadly weapon. In fact, the first documented school shooting in this country occurred in the year 1764 in rural Pennsylvania (Keenan & Rush, 2016). Unfortunately, shootings continue to plague our society and occur on rural school campuses today. Are rural schools safe? Is there a way to better predict school violence so it can be prevented? What kind of rural schools are …

Perspectives In Gifted Education: Legal Issues, Daniel L. Ritchie Endowed Chair In Gifted Education, University Of Denver, Norma L. Hafenstein, Mary Albertoni, Jessica Howard, Ekta Ghosh, Paul A. Viskanta, Joi Lin

Perspectives in Gifted Education

Perspectives in Gifted Education is a monograph series published through the University of Denver, first by the Institute for the Development of Gifted Education and now, through the Office of the Daniel L. Ritchie Endowed Chair in Gifted Education. Volume 1 was focused on Young Gifted Children, Twice-Exceptional Children was the topic of Volume 2 and Complexities of Emotional Development, Spirituality and Hope, the purpose of Volume 3. Volume 4 was organized around the issues of Diverse Gifted Learners and Creativity the focus of Volume 5. Research projects of doctoral students structured Volume 6, Influences and Impacts of the Education …

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Faculty Scholarship

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Cyberbullying: School Administrators' Perceptions Of Law And Prevalence, And Their Roles In Prevention, Intervention And Discipline, Suzan Gragg Denby

Theses and Dissertations

This study was aimed at investigating secondary school administrators’ experiences with and their perceptions of cyberbullying, as well as their intervention and prevention procedures. As technology has become ubiquitous in our society, students’ use has increased and impacted the school environment. Given the potential for cyberbullying and the negative effects of such, schools harbor the responsibility to prevent and intervene in such occurrences. This can be a tricky process.

This study included 12 administrators of secondary schools across eight school divisions in Virginia. Through an interview process, administrators spoke of their experiences with technology and cyberbullying incidents, and how they …

There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny

Indiana Journal of Law and Social Equality

No abstract provided.

Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney

Indiana Journal of Law and Social Equality

No abstract provided.

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Effective Charter Schools: An Examination Of Operational, Financial, And Governance Practices As It Relates To The Renewal Of North Carolina Charter Schools, Shaunda Cooper

Doctor of Education Dissertations

North Carolina public charter schools are schools of choice authorized by the State Board of Education. North Carolina has nearly 200 charter schools, which are evaluated for effectiveness annually by a tool called the Performance Framework. However, to date, the evidence collected through the Performance Framework has not been offered to scholars and school leaders as a resource for achieving effective charter schools. Furthermore, research has not been conducted to evaluate a school’s performance in relation to its ability to complete a successful charter agreement renewal, which is the vein of a charter school’s existence. the study examined operational, governance, …

A Critical Multiple Case Study Analysis Examining The Implementation Of The Every Student Succeeds Act (Essa) To Promote Positive School Climate, Weade W. James

Theses and Dissertations

This study explored the role of federal policy in improving school climate, and examined how federal policy, specifically the Every Student Succeeds Act (ESSA) is being implemented at the state-level to address school climate issues. A qualitative multiple-case study design with content analysis was used as the leading approach to understanding how states are implementing ESSA’s school climate measure for accountability. ESSA is the nation’s federal education law that was enacted in 2015 and replaced No Child Left Behind (NCLB). I compared states’ implementation of ESSA’s school climate and safety (SCS) measure, including how states are measuring SCS and whether …

Open University Of Nepal Initiative Lessons Learned From Designing An Institution Of Higher Learning, Pramod Dhakal, Drona P. Rasali, Ambika P. Adhikari, Raju Adhikari

Himalayan Research Papers Archive

A group of Nepali diaspora members, represented by the Non-Resident Nepali Association (NRNA), started a campaign in 2009 to establish the Open University of Nepal (OUN) in partnership with the government of Nepal. Their motivation was to develop a quality university for the masses by mobilizing local, diaspora, and international collaborators for producing and disseminating knowledge in the public domain. The university was subsequently established in 2017 but it drifted away from many of the original objectives. Most critically, it embraced distance education as its central function while setting aside the aspiration of producing and sharing knowledge under the public …

Covid-19'S Impact On Students With Disabilities In Under-Resourced School Districts, Crystal Grant

Faculty Scholarship

This Essay explores the plight of students with disabilities during the COVID-19 pandemic, particularly those enrolled in under-resourced school districts. To address these ongoing disparities, remediate student regression, and prevent further educational loss, we must act quickly to get resources to the students who need it most and to guide districts towards using these resources effectively. This Essay questions whether federal and state governments are truly committed to creatively examining the current special education framework and adopting solutions that will prioritize expanding access to resources for students with disabilities. These solutions include an immediate advancement of funds to aid states …