Education Law Commons^™

Institutional Response To The Changing Legal Environment Regarding Student Safety: A Multi-Campus Case Study, Joy Blanchard

Kentucky Journal of Higher Education Policy and Practice

Confusion regarding liability for student safety and whether federal regulations prohibit information sharing have become a concern on campuses. Do current policies mitigate liability yet still serve the best interest of students? Based on interviews of nearly 30 administrators at three campuses in 2008 and 2011, this case study examines the legal considerations used when responding to such concerns, particularly alcohol and mental health. Organizational capacity and culture structure are discussed; recommendations for practice are provided.

Keepers Of The Night: The Dangerously Important Role Of Resident Assistants On College And University Campuses, Christie M. Letarte

Kentucky Journal of Higher Education Policy and Practice

A great deal of responsibility and risk lies within the RA role. This Article acknowledges that RAs, who are some of the most important employees at institutions of higher education, are often under-trained and may negligently expose institutions to liability. More importantly, this Article aims to address how standards and regulation of the RA position can provide a better snapshot of the RA role, nightlife on college campuses, and reasonable expectations for students, parents, and employees.

Recent Legal Trends Support Requiring Colleges And Universities To Permit Emotional Support Animals In Student Housing, Neal H. Hutchens

Kentucky Journal of Higher Education Policy and Practice

Emerging legal trends suggest colleges and universities should be prepared to make accommodations for emotional support animals, specifically under the requirements of the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act. Examining recent legal developments, this practitioner brief considers a lawsuit brought by the United States against the University of Nebraska at Kearney to permit a student diagnosed with depression and anxiety to have a therapy dog in student housing. It also reviews recent guidance issued by the U.S. Department of Housing and Urban Development (HUD) addressing the use of service and assistance animals for individuals with …

Allocating Higher-Education Stimulus Funds In New Jersey: A Multiple-Streams Case Study, Michael W. Klein

Kentucky Journal of Higher Education Policy and Practice

This case study examines the public policy process in New Jersey and how it influenced the distribution of American Recovery and Reinvestment Act (ARRA) funds for higher education. New Jersey originally proposed to appropriate ARRA funds only to state-administered financial-aid programs in the FY2010 budget. Applying Kingdon’s (2003) public policy framework, this study explains how higher education advocates provided feedback, presented a successful alternative, and secured $39.6 million for public college and universities.

Foreword: Special Issue Dedicated To Legal Issues In Higher Education, Joy Blanchard

Kentucky Journal of Higher Education Policy and Practice

It is undeniable that legal issues are becoming more prevalent in the day-to-day operations of colleges and universities, as well as among policymakers and lawmakers. The manuscripts in this special issue illustrate the need for all those in higher education to become more aware of the changing legal environment and concomitant regulatory requirements, to educate top-down among those working with students, and for the higher education legal community to begin examining these issues from a broader lens and incorporate the scholarship of policy and organizational change to study the influence of the law on a broader level. This special issue …

Later School Start Times In Adolescence: Time For A Change, Paul Kelley, Clark Lee

Homeland Security Publications

This briefing paper summarizes the latest research on the subject of chronic sleep deprivation on education and health in adolescents, explores policy options to address this education and public health issue, and sets forth the recommendation that education start times be adjusted appropriately for U.S adolescents.

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Educational Leadership Faculty Publications

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …

The End Of Indeterminacy In Affirmative Action, Carla Pratt

Faculty Articles

After the Supreme Court's decision in Fisher v. UT Austin, the stage has been set for judges to demand more specificity in the articulation of the protected diversity interest. Gone are the days when institutions of higher education could rely on the abstract concept of diversity to support efforts to enroll a diverse student body. Now higher education institutions will need to give serious thought to how they define the sought after diversity interest and how racial diversity improves educational outcomes and enhances the education that is delivered.

University Officers

Valparaiso University Law Review

No abstract provided.

Reading Between The Blurred Lines Of Fisher V. University Of Texas, Eboni S. Nelson

Valparaiso University Law Review

No abstract provided.

The End Of Indeterminacy In Affirmative Action, Carla D. Pratt

Valparaiso University Law Review

No abstract provided.

Mismatch And The Empirical Scholars Brief, Richard Sander

Valparaiso University Law Review

No abstract provided.

Tribute To Randall Shepard, Kevin Brown

Valparaiso University Law Review

No abstract provided.

Justice Shepard And Diversity In The Legal Profession: The Legacy Of Icleo, Andrew R. Klein

Valparaiso University Law Review

No abstract provided.

The Icleo Mentoring Legacy Of Chief Justice Randall Shepard: An Essay, María Pabón López

Valparaiso University Law Review

No abstract provided.

50 More Years Of Cleo Scholars: The Past, The Present, And A Vision For The Future, Michael Hunter Schwartz

Valparaiso University Law Review

No abstract provided.

Where Schools Close In Chicago, Randall K. Johnson

Faculty Works

It is often assumed that schools close, disproportionately, in disadvantaged parts of Chicago. The assumption, however, has yet to be substantiated by research. As a result, this article tests the assumption in order to explain where schools close in Chicago. It does so by introducing a new Chicago Public School (CPS) closings dataset. The dataset sheds some light on the phenomenon by identifying 130 schools that closed, twenty-seven ZIP codes that experienced CPS closings and three demographic characteristics of these ZIP codes. In the process, this dataset helps to explain how CPS closings relate to race, income and location.

Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit

Faculty Works

Since federal regulations authorized single-sex education in 2006, there has been an explosion of single-sex schools and classes. Although the Supreme Court has not ruled, three federal court decisions have addressed the constitutionality of single-sex classes, and the issue will percolate toward Supreme Court review soon. The arguments are that parents should have choices and “diversity” of educational options, that “brain research” shows that boys and girls are so biologically different to need sex-specific educational environments, that educational outcomes are better, and single-sex learning environments allows boys and girls to break through gender stereotypes. This article dissects these arguments within …

Dating Violence On Small Rural College Campuses: Are Administrator And Student Perceptions Similar?, Jean Allen Oldham

Theses and Dissertations--Kinesiology and Health Promotion

In recent years dating violence has become more and more prevalent on college campuses. Reports of the range of dating violence vary widely, with studies reporting from 20% to 85% of college women experiencing dating violence. However, almost all research has been conducted among urban and/or large colleges and universities, with virtually no attention to what is happening on small and/or rural college and university campuses.

When a possible 20% of college women have experienced dating violence on college campuses, there becomes a crucial need for administration at a college to have an accurate assessment of the college’s liability, and …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

Has Time Expired For Time-Out Rooms?, Charles J. Russo

Educational Leadership Faculty Publications

An issue that continues to raise serious concerns for education leaders surrounds the treatment of students with disabilities who behave unacceptably. In Honig v. Doe (1988), the Supreme Court acknowledged that in such cases, among the procedures available to educators is “the use of study carrels, timeouts, detention, or the restriction of privileges” (p. 325). Time-out rooms—typically small rooms where students who misbehave are sent until they can safely regain their composure—continue to be used in most jurisdictions, subject to state oversight via statutes and regulations (U.S. Department of Education 2010).

In Defense Of Idea Due Process, Mark Weber

College of Law Faculty

Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …

No Idea What The Future Holds: The Retrospective Evidence Dilemma, Dennis Fan

Faculty Scholarship

The Individuals with Disabilities Education Act’s predecessor established a multilevel administrative and judicial review system for special education decisions, and ever since, the volume of special education cases in federal court has ballooned. Most present cases involve disputes over whether the school district drafted an individualized education program capable of providing a child with disabilities a “free appropriate public education.” But what evidence parties can bring to these disputes is not settled. Circuit courts are split on whether “retrospective evidence” — evidence that arises after the school district drafts the individualized education program — is admissible. This Note addresses present …

How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.

Off Sunset Boulevard: Students, Homelessness And Disability In Los Angeles- Idea, Mckinney Vento And The Void In Between, Remy Krumpak

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

Homeless youth with a disability must overcome many barriers to receive the meaningful, individualized education they are legally entitled to. Over the last two decades, the Individuals with Disabilities Education Act and the McKinney-Vento Act have begun to acknowledge the challenges that exist for this population. These laws require school districts to identify homeless youth with a disability, allow them immediate enrollment and access to special education services, and free transportation to school. This article examines the Los Angeles Unified School District as a case study for policy implementation. In analyzing the success of the policies as implemented, this article …

Charter School Authorizers, Reed Greenwood, Gary W. Ritter

Policy Briefs

Two types of charter schools exist in Arkansas: open-enrollment charter schools, which operate independently of any district, and district conversion charter schools, which operate within an existing school district. Charter schools have more autonomy on certain rules and regulations than traditional public schools; however, charter schools are held accountable for academic results and fiscal matters, as defined by the charters contract. Charter schools are approved and held accountable by a charter authorizer. In the 2013 General Assembly, a law passed to change Arkansas’ charter authorizer from the State Board of Education to a newly created panel within the Department of …

Update: The Supreme Court And Affirmative Action, Charles J. Russo

Educational Leadership Faculty Publications

Few issues in education have generated more ongoing controversy during the last half-century than affirmative action. Supporters view it as a positive step to eliminate the effects of past discrimination. Conversely, critics speak of race-conscious policies that they maintain create greater problems by failing to address how granting preferences today remedies past inequities.

Although typically more contentious in higher education, affirmative action is the centerpiece of this column because of the impact that race-conscious policies can have on K–12 schools.

Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin

Doctoral Dissertations and Projects

In an effort to support school leaders in policy development, this research is an evaluation of jurisprudence related to student use of personal handheld devices. The qualitative legal analyses of 15 recent court cases representing both federal and state jurisdictions were analyzed to determine patterns and trends within the decisions of the courts. The researcher sought to identify the following: The way the U.S. courts addressed the balance between students' civil liberties and the interest of school officials in maintaining and operating safe, orderly, efficient, and effective learning environments. The identifiable trends within the legal cases related to student use …

Fifth Amendment Rights: Questioning Students, Charles J. Russo

Educational Leadership Faculty Publications

Because juveniles are increasingly subject to questioning about their potential involvement in what may constitute adult criminal activities, the role of law enforcement personnel, including police officers and school resource officers (SROs), in interrogating students is worth visiting.

This column examines early litigation on student Fifth Amendment rights and a more recent case, N.C. v. Commonwealth (2013), in which an assistant principal (AP) interviewed a student about giving prescription drugs to a peer. The questioning took place in the presence of a deputy sheriff who served as an SRO but because the AP did not read the student his Miranda …

Tax Credit Scholarship Programs And The Changing Ecology Of Public Education, Hillel Y. Levin

Scholarly Works

The traditional model of public education continues to be challenged by advocates of school choice. Typically associated with charter schools, magnet schools, and tuition voucher programs, these advocates have recently introduced a new school choice plan, namely tax credit scholarship programs. More than a dozen states have adopted such programs, and hundreds of millions of dollars are now diverted each year from public programs to private schools. These programs are poorly understood and under-studied by legal scholars. This Article assesses the place of these programs within the ecology of public education, considers the fundamentally different approaches states have taken to …