Education Law Commons^™

Teacher Unions, The Right-To-Work And Fair Share Agreements, Charles J. Russo

Educational Leadership Faculty Publications

The status of collective bargaining in public education has been in an almost constant state of flux recently. More than 30 states have adopted laws that allow teachers and other public school employees to form unions to bargain collectively with their boards over the terms and conditions of their employment.

Amid debates over their status in public education, the Supreme Court has consistently upheld the right of unions to charge fair-share fees even as it limited their scope. Fair-share or agency fees are based on the premise that insofar as nonmembers benefit from union activities, they should have to pay …

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

All Papers

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to …

Documenting Dreams: Undocumented Students In Washington State, M. Elena Calderon Sandoval

EWU Masters Thesis Collection

"This research explores immigration policies that have provided access to higher education to undocumented students through the lens of sociocultural identity theory and cultural identification theory. These theories are fundamental in understanding the construction of identity for undocumented students as a result of their interactions with policies and higher education institutions. Pertinent Washington State legislation includes House Bill 1079, which allows for undocumented students to pay in-state tuition, the Real Hope Act that provides financial aid for undocumented students. Federal policy includes the Executive Order Deferred Action for Childhood Arrivals, which allows undocumented students who meet certain requirements to apply …

Tu4dublin Alliance Welcomes Publication Of The Technological Universities Bill, Dublin Institute Of Technology

Publications

No abstract provided.

Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer

All NMU Master's Theses

How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are few …

Reporting And Protecting Students From Child Abuse, Charles J. Russo

Educational Leadership Faculty Publications

A tragic reality of American life is that a significant number of children are abused and neglected, even killed, by the hands of their parents and caregivers. In fact, 2013 data from the Centers for Disease Control and Prevention reveal that 678,932 incidents of child abuse and neglect were reported to Child Protective Services (CPS) nationally, with about 27% of those cases involving youngsters under the age of three (CDC 2015).

Moreover, the CDC noted that the CPS data suggest that their reports may underestimate the occurrences of child abuse and neglect. That same report estimates that about 1,520 children …

Financing Education: An Overview Of Public School Funding, Charles J. Russo, William E. Thro, Frank M. Batz

Educational Leadership Faculty Publications

Financial resources for public education are increasingly scarce, and district leaders at all levels continue to struggle to maintain adequate levels of financial resources for their students and programs using complex funding formulas unique to their own jurisdictions. To help educators and education stakeholders better understand the dimensions of paying for public education, we begin with an overview of the historical development of school finance litigation that has shaped the funding mechanisms in most jurisdictions. The next section highlights developments in four representative jurisdictions from the funding formulas currently available in ASBO International’s Funding Formula Library. The library, available on …

With All Deliberate Speed: Brown V. Board Of Education, Julian Bond

Indiana Law Journal

Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.

The Importance Of Understanding School Law, Charles J. Russo

Educational Leadership Faculty Publications

In an increasingly litigious society wherein parents and their children file a broad spectrum of claims against school systems, it is essential that education leaders have at a minimum a basic understanding of school law.

Before 1954, the Supreme Court addressed only a handful of cases involving K–12 schools and higher education. Brown v. Board of Education of Topeka (1954), perhaps the Supreme Court’s most important education-related decision, ushered in an era of equal educational opportunities and key legislations, such as the Elementary and Secondary Education Act of 1965, now the No Child Left Behind Act (2002); Title IX of …

Selecting Instructional Materials, Charles J. Russo

Educational Leadership Faculty Publications

A recent dispute from Columbus, Ohio, that made some national headlines dramatically illustrates what can happen to teachers who fail to preview materials and consequently show inappropriate films or use other media unsuited for student instruction.

The outcome of that case was more dramatic and unusual than in similar cases. Even so, this incident demonstrates that educators in K–12 schools can lose their jobs if they fail to use their discretion and comply with board policies in selecting appropriate materials and subjects for their classes and previewing materials before using them in instructional settings.

New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose

Florida A & M University Law Review

The largest standardized testing cheating scandal in American history has caused many to question the practice of excessive standardized testing in America’s public education system. In the spring of 2013, thirty-five educators in Atlanta, Georgia, including the former superintendent, principals, teachers, and testing coordinators were indicted for cheating on statewide-standardized tests. The situation in Atlanta, Fulton County, Georgia, triggered a conversation about excessive mandated standardized testing in America’s public schools and caused public outcry against the negative impact of standardized testing. As a result, new state laws are being passed throughout the United States to not only end the rapid …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley

Brigham Young University Education and Law Journal

No abstract provided.

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Higher Education Governance: Proposals For Model Child Protection Governance Policy, Seletha R. Butler, Valerie Njiiri

Brigham Young University Education and Law Journal

No abstract provided.

Transportation For Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Transportation and other related services for students with disabilities are essential, and the costs associated with their delivery can weigh heavily on district budgets and the minds of school business officials.

School districts typically offer transportation to students with disabilities in district-owned and -operated vehicles, in vehicles owned and operated by private service providers, or via public transportation; occasionally, districts may enter into contracts with parents to transport their children to school. When students are unable to access the standard modes of transportation, school officials must make special transportation arrangements. According to the Individuals with Disabilities Education Act (IDEA) regulations, …

Legal And Ethical Considerations For Social Media Hiring Practices In The Workplace, Andrew S. Hazelton, Ashley Terhorst

The Hilltop Review

Social media has certainly evolved and continues to do so with each new day. Social media in its infancy was not as widespread in the personal lives of people, let alone in the workplace. In the following years since its inception, social media has captured a significant amount of time of individuals in every aspect of their lives. However, with this advancement also comes possible conflict in how companies and departments within a university or college setting conduct background checks. Social media makes public profiles an easy click away and many potential job seekers may not see the problems that …

Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole Frances Rider

Dissertations

The purpose of this research study was to determine Mississippi high school teachers’ perceptions regarding their preparedness for an active shooter incident. The study included an extensive literature review that included background and policy context, theoretical foundations, pertinent research and professional perspectives and a worldwide timeline of school shootings. The study also included data collection and analysis, results, conclusions, recommendations for policymakers and educational leaders, and recommendations for further research.

The study was conducted to determine if there was a relationship between school planning procedures, participation in practice and drill activity, and administrator preparedness for an active shooter incident and …

An Update On Student Equal Access, Charles J. Russo

Educational Leadership Faculty Publications

In Board of Education of Westside Community Schools v. Mergens (1990), the Supreme Court upheld the Equal Access Act (EAA), a federal law enacted to permit student-organized groups to meet during noninstructional time.

The EAA traces its origins to Widmar v. Vincent (1981). At issue in Widmar was a policy whereby officials at a state university in Missouri made campus facilities generally available to student groups for their activities. Treating religion as a form of free speech, the Supreme Court ruled that insofar as officials allowed more than 100 student groups to use campus facilities, they created a forum for …

2015 Legislative Summary, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The 90th General Assembly opened its Regular Session on January 12 and recessed on April 9. Meetings of the House and Senate education committees were usually standing room only for discussions of a broad range of bills on early childhood, K-12, and higher education issues. The purpose of this policy brief is to review the K-12 bills that garnered the most attention and have been signed into law by firstterm Governor Asa Hutchinson. These highlights are organized into several categories as shown in This Brief

Grading Arkansas’ Schools, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Report Cards for Arkansas schools released by the Arkansas Department of Education contain valuable information for stakeholders. As in past years, the report cards outline student demographics and academic achievement, as well as rates of attendance, graduation, dropout, grade inflation and college remediation. Report cards also contain information on teacher quality and school environment indicators. There are a few new pieces of information provided this year, specifically a school rating which assigns a letter grade to schools.

Broadband Access In Arkansas Schools, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

With the computer-based Partnership for Assessment of Readiness for College and Career (PARCC) test, the Arkansas Digital Learning Act, and Governor Hutchinson’s efforts to increase participation in computer science courses, the Arkansas Legislature is discussing actions to take in order to close the “digital divide” in the state. This brief will explore the technological requirements of providing the recommended bandwidth to schools, the barriers to the provision of that service, and potential steps for the Arkansas Department of Education to take in order to ensure that every Arkansas student has fast, consistent access to the Internet to support their learning.

Peace Building Through Education Reforms Case Study: Objectives And Philosophy Of Jordanian Educational System, Megan Mckeown

Independent Study Project (ISP) Collection

In the field of peacebuilding, education reform is the most tangible way to propel forward and build positive change. Access to schooling is not the only factor that will eradicate structural violence and inequality in our world. This can be seen with violence and inequality increasing even though educational enrollment has reached upwards of 90% in developing areas. We must begin a movement to learn from educational systems already in place, to pinpoint their strengths and expand on them, discover possible themes to change, and suggest diverse avenues to overcome obstacles for achieving social justice and peace. The ensuing research …

Did No Child Left Behind Affect Teacher Attendance?: Evidence From North Carolina, Seth Gershenson

Employment Research Newsletter

No abstract provided.

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

A Primer On Federal Statutes Affecting Education, Charles J. Russo

Educational Leadership Faculty Publications

Before the Supreme Court’s monumental decision banning racial segregation in schooling in Brown v. Board of Education (1954), the federal government had little direct involvement in national education policy. Subsequently, the federal government has assumed a major role in setting national education policy.

The federal government’s first post- Brown major legislative enactment, in 1958, was the adoption of the National Defense Education Act (NDEA). Enacted largely in response to the Soviet Union’s launching of Sputnik 1, the NDEA, made federal funds available to education institutions to focus on areas considered critical to national defense, such as mathematics, science, and foreign …

Insulin Administration In Catholic Schools: A New Look At Legal And Medical Issues, Mike Huggins

Journal of Catholic Education

Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge—legally and logistically—for many Catholic schools. District officials, school leaders, and school staff need support to understand the complexities of the disease and its treatments, as well as the laws that govern how non-medical school staff can intervene in normal and emergency situations. The goals of this article are: (a) to explore the current state of the legal and medical issues regarding non-RN administration of insulin to minor students …

The Establishment Clause, School Choice, And The Future Of Catholic Education, Matthew P. Cunningham

Journal of Catholic Education

This article reviews several recent court cases at the federal and state levels related to school choice initiatives in the United States. Through this review, the article sheds light on the enduring question of whether these programs are unlawful bonds between church and state. The review includes details about choice programs that exist (or have existed in the past) in the states where the cases originated: Ohio, Washington, Indiana, Arizona, and Colorado. Following this review, the article examines relevant, large-scale evaluations of choice programs and concludes with a discussion of the place of Catholic education in the school choice movement.

Clarifying The Public-Private Line: Legal And Policy Guidance For Catholic-Affiliated Charter Schools, Kari A. Carr, Janet Decker

Journal of Catholic Education

In the past fifty years, the share of students enrolled in U.S. Catholic schools has declined from approximately 12% to 3%. In reaction, many urban Catholic schools have closed and subsequently reopened as public charter schools in order to receive governmental funding and to increase enrollment. As public schools, these Catholic-affiliated charter schools now face a complex set of legal and practical challenges. This article presents empirical research on Catholic-affiliated charter schools, and the legal issues facing them as well as the wider category of religiously-affiliated charter schools. The authors conclude by answering a number of questions that Catholic school …

Introduction To The Focus Section: Law And Catholic Schools, Sr. Mary Angela Shaughnessy

Journal of Catholic Education

Introduction to the Focus Section