Education Law Commons^™

Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison

Journal of College Access

Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.

Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer

Minnesota Journal of Law & Inequality

No abstract provided.

The Application Of The Specific Learning Disability Exclusionary Clause As Practiced By Virginia School Psychologists, Kaitlynn Carter

Educational Specialist, 2009-2019

When special education eligibility is being determined under Specific Learning Disability, the exclusionary clause needs to be carefully considered. The current study was concerned with the exclusions of cultural factors, environmental or economic disadvantage, and limited English proficiency. The study used a semi-structured interview to explore when and how the exclusionary clause is considered by school psychologists in Virginia and what type of impact it has on eligibility decisions. Ten school psychologists were contacted via the email database of the Virginia Department of Education and completed a phone interview. Grounded theory was used to investigate the themes and ideas regarding …

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article concludes that …

The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor

Faculty Publications

We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Ri Tenant Stabilization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants, Michael M. Bowden

Featured News Story

RWU Law students gain legal experience helping low-income tenants avoid eviction, while also forging longer-term solutions to Rhode Island’s ongoing housing crisis.

An Examination Of The Effects Of The Brown V. Board Of Education Ruling And The Desegregation Era, Toran Langford

The Annual Black Intersections Conference

´After adjusting to desegregation era, African-American students are at a split in the road: Where do we go? Since the beginning of time, educational systems have been created and destroyed. After the introduction of European thought at the beginning of the next millennium, European thought has flooded all academia. Ancient European thought has been replicated into contemporary white followers. Their scholarship has excluded the experience of African-Americans. Examining the philosophical, social, and historical facts forced the integration of schools, thus adding onto the beyond reach solution to Black coexistence in America. Brown v. Board of Education attempted to unify American …

Nurturing Filipino Creativity: Philippine Education Policies In Support Of The Creative Industries, Glorife Samodio

Center for Business Research and Development

The future of the creative industries shows much promise in the Philippines. According to the United Nations Conference on Trade and Development (UNCTAD), the creative industries more than doubled its size from 2003 to 2012 (UNCTAD, 2016). Thus, its development is now carefully monitored, and programs are being created by different government agencies, with the goal of making the Philippines competitive in the creative field versus other countries in the region.

Despite the continuous growth of the sector, the expected increase in financial outcomes is quite low as the creative industries in the Philippines and Southeast Asia do not seem …

Addressing The Bullying And Harassment Of Students With Disabilities Through School Compliance To Avoid Litigation, Bryson King

Brigham Young University Education and Law Journal

No abstract provided.

Post-Fry Idea And Section 504: New Intersections And Detours, Amy J. Goetz, Andrea L. Jepsen

Mitchell Hamline Law Review

No abstract provided.

Efficacy Of North Haven’S Response To Intervention In Reducing Over-Identification Of Specific Learning Disabilities, Karyn B. Gallagher

EDL Sixth Year Theses

In 2006, a reauthorization of the Individuals With Disabilities Education Improvement Act led to changes in how the state of Connecticut determined special education eligibility for a student with a specific learning disability. The Response to Intervention (RTI) approach replaced of the discrepancy model in making this determination. This retrospective case study looked at the perceptions of North Haven Staff on the efficacy of the RTI process in reducing the over-identification of students with specific learning disabilities. A mixed-methods survey was administered to 337 professionals in North Haven, CT. Of the 86 responses received, 73 were determined to be useful …

Barriers To Higher Education: Underrepresented Minorities' Access To Uci, Kimberly Dennin

Pell Scholars and Senior Theses

Ever since the removal of Affirmative Action in California from Proposition 209, the UC system has struggled with increasing the enrollment numbers of underrepresented minorities on their campuses. In response to this, many of the UC schools are adopting different policies to help counteract the negative effects of Proposition 209. This paper examines the effects of Proposition 209 on the underrepresented minority population in the UC system, specifically focusing on the University of California, Irvine (UCI). The areas of focus for addressing the issues of Proposition 209 at UCI are outreach programs, admissions policies, and recruitment programs. This paper examines …

Arkansas Teacher Salaries, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines teacher salaries in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine how teacher salaries compare to the nation and surrounding states. Further analyses examine differences in teacher salary within and between the regions of Arkansas. We identify the district factors most related to and make recommendations for utilizing this information.

An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry

Educational Studies Dissertations

The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on the …

“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun

Journal of Critical Issues in Educational Practice

The purpose of this mixed methods study was to explore urban African American students’ school experiences based on the aftermath of California’s Local Control Funding Formula (LCFF), focusing on achievement, engagement, and school climate. Survey data and focus groups of 62 participants were analyzed using chi-square, multiple regression, and an iterative process. Findings suggest that students desire information regarding honors courses, stronger teacher/student relationships, and fairer discipline treatment. Effective strategies and practices are recommended including the LCFF’s revisions to have specific goals for African American students.

Another Season Of Record-Breaking International Moot Court Achievements (Smu), Siyuan Chen, Eunice Chua

Research Collection Yong Pung How School Of Law

It was written in previous articles in this publication that both Singapore law schools participating in international moot court competitions have been putting up impressive results in the last few years. As the latest moot season draws to a close, we are happy to report that 2016/17 has been another good season for Singapore mooters. NUS and SMU reached a total of 12 international championship finals between them during this period, and ordered chronologically.

Litigation In Search Of Educational Opportunity: An Analysis Of Abbeville County School District Et Al. V. The State Of South Carolina Et Al., Jennifer Michelle Hein

Dissertations

Like many southern states, South Carolina has a history permeated by issues related to race, equity, and educational opportunity. As early as the 1949 South Carolina court case, Briggs v. Elliott, South Carolina has had to address issues of equity and educational opportunity among its disenfranchised and marginalized citizenry. More than 60 years later, in Abbeville County School District et al. v. the State of South Carolina et al., sectors of rural South Carolina, predominantly black and poverty laden, would unite and engage in a legal battle with the State over equity in public education and by judicial mandate, be …

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review (2009 - Present)

No abstract provided.

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines school discipline practices and outcomes in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine state-wide discipline trends, summarize the analysis on school-level data demonstrating disparities in student discipline, and make recommendations for utilizing this information.

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.

The Supreme Court And Education Law, Charles J. Russo

Educational Leadership Faculty Publications

Compiling a “top 10” list of anything— including Supreme Court cases and justices’ quotes—can be fraught with differences of opinion. Yet discussions about those differences can be useful learning activities, because they can lead to conversations about the underlying legal issues in schools. With that caveat in mind, this column offers key quotes from major Supreme Court cases that played major, even transformational, roles in shaping the landscape of U.S. K–12 education. The quotes are accompanied by brief summaries of why the cases are significant. With the exception of Brown v. Board of Education, Topeka, Kansas (1954), the most important …

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …

Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina

Seton Hall University Dissertations and Theses (ETDs)

The first amendment protected students’ first amendment rights in K-12 public schools; however, state antibullying legislation required school officials to discipline students for bullying and, in most states, cyberbullying as well. An increasing number of students had access to mobile devices at home and during the school day. School officials had the responsibility to protect students from instances of bullying and cyberbullying; however, school officials did not fully understand the extent of their authority to discipline students for acts of bullying that occurred online, off school grounds. Despite the existence of state antibullying laws in all fifty states, contradictory appellate …

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different …