Education Law Commons^™

"All Areas Of Suspected Disability", Mark Weber

College of Law Faculty

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …

Teacher Leadership: Women (Of African Descent) Enacting Social Justice, Vonzell Agosto, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.

Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie

BYU Law Review

No abstract provided.

Growth Model Evaluations: Possibilities And Pitfalls, John Dively

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Legal Considerations: Student Activities, Organizations & Greek Life, John Sanders

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

2011-12 Arkansas Open-Enrollment Charter School Test Results, Reed Greenwood, Gary W. Ritter

Policy Briefs

Charter schools are receiving more attention in Arkansas and across the nation, as the number of these public schools of choice in Arkansas fluctuates each year. Some charters have been closed, while new ones have been opened. Further, in many media outlets, charter schools are often lumped together as one entity. However, ‘charter school’ is not a blanket term. They are separate schools run under separate charter documents with different operators. In Arkansas, there are two types of charter schools: conversion charter schools and openenrollment charter schools. Conversion charter schools are governed by the leadership in the district in which …

Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.

Autism Spectrum Disorder And New Jersey Administrative Law Decisions: An Analysis Of Case Law Involving Public School Students, Michael J. Barcadepone

Seton Hall University Dissertations and Theses (ETDs)

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The Status Of Teachers Unions: Are Rumors Of Their Demise Exaggerated?, Charles J. Russo

Educational Leadership Faculty Publications

Recent legislation raised questions about the status of teachers unions and public-sector collective bargaining. Although the changes in Florida, Idaho, and Tennessee occurred with a minimum of disruption, the same was not true in Ohio and Wisconsin. Voters in Ohio repudiated a law that would have placed significant limits on the rights of public employees to bargain collectively (McNeil 2011a). Conversely, voters in Wisconsin defeated a recall election intended to remove the governor and legislators who acted to curtail the bargaining power of teachers unions (Stein 2012).

Organized labor and collective bargaining in education have grown to the point at …

Houston, We Have A…Solution?, Reed Greenwood, Gary W. Ritter

Policy Briefs

The Arkansas Department of Education recently released the list of the lowest performing schools in Arkansas—labeled as focus and priority schools. Now that these schools have been singled out, they will be subjected to heavy intervention. Educators and policymakers all over Arkansas have their eyes on these schools and are asking - what's next? How do we turn around lower performing schools? What works? In this policy brief, we outline one particular program—the Apollo 20 program—that is working to turnaround achievement in lower performing schools. Early results show gains comparable with prominent charter schools in the nation, but some criticize …

Common Core State Standards In Arkansas, Caleb P. Rose, Gary W. Ritter

Policy Briefs

In July 2010, the Arkansas Board of Education adopted the Common Core State Standards and the PARCC Assessment program. The Arkansas Department of Education (ADE) then created a strategic plan and a timeline for the implementation of the standards. The new standards were implemented in Arkansas K-2 classrooms this past school year, 2011-12. During this current school year, 2012-13, the standards are being implemented in grades 3-8.

Arkansas’ Esea Waiver Approval Update, Caleb P. Rose, Gary W. Ritter

Policy Briefs

On June 29th, 2012, the US Department of Education announced that it had approved Arkansas’s ESEA waiver request. On July 4th, the Arkansas Department of Education (ADE) announced it had identified 48 Priority and 110 Focus schools. Priority and Focus schools are the new names for the two lowest-rated school performance categories; schools and districts in these categories are subject to ADE intervention. This policy brief explains the major differences between the accountability system under No Child Left Behind (NCLB) and the new revised system.

2011-2012 Arkansas Test Results, Reed Greenwood, Gary W. Ritter

Policy Briefs

On Monday, July 30, the Arkansas Department of Education (ADE) released the 2011-2012 test score results. The following brief will highlight the results of these tests, compare achievement scores over time, and provide a glimpse of regional achievement results for the following exams:  Benchmark Exam (Grades 3-8)  End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy).  Iowa Test of Basic Skills (Grades 1-9)

Traditional And Charter School Funding In Arkansas, Reed Greenwood, Gary W. Ritter

Policy Briefs

Charter schools, once considered an anomaly, are becoming increasingly common in the U.S. There are concerns among some education stakeholders that charter schools pull funding away from traditional public schools, since a large portion of education funds follow the student to the charter school. Conversely, some argue that there are funding inequities that favor public schools. These individuals claim that since charter schools are public schools, the funds allocated to them should be the equivalent of that received by the traditional public schools. This brief examines funding of traditional and charter schools in Arkansas

Examining Pre Service Teacher Knowledge Of Student Rights And Tort Liability, Alexi Wiemer

Honors Scholar Theses

This study explored how knowledgeable pre service teachers in the Neag School of Education at the University of Connecticut were in the field of student rights and tort liability. This field has grown in importance due to a recent increase in student lawsuits and the expectations that teachers know these laws when they become certified. A total of 183 students were given a survey in their education classes with 27 statements of famous misconceptions about student rights and tort liability. Students were asked to determine if these statements were true or false and how confident they were in their answer. …

Barbara Garii's Book Review Of Student Teaching And The Law In The Journal Of Tutoring And Mentoring: Partnership In Learning, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

Teacher Effectiveness And Value-Added Modeling: Building A Pathway To Educational Malpractice?, Todd A. Demitchell, Terri A. Demitchell, Douglas Gagnon

Brigham Young University Education and Law Journal

No abstract provided.

Disciplining Students With Disabilities: A Comparative Analysis Of K-12 And Higher Education, Joseph T. Dimaria

Brigham Young University Education and Law Journal

No abstract provided.

Arkansas’ Plan For Accountability And Achievement: Analyzing The Esea Waiver Request, Misty Newcomb, Greg Michel

Policy Briefs

In October 2011, President Obama developed rules for states to individually develop requests for waivers to the accountability requirements of No Child Left Behind. This week, the Arkansas Department of Education (ADE) submitted the plan for the state of Arkansas’ request for waivers.

Diminished Rights Of Parents To Seek Reimbursement Under The Idea For Unilateral Placement Of Their Children In Private Schools, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

The Legal And Policy Implication Of Value-Added Teacher Assessment Policies, Preston C. Green, Bruce D. Baker, Joseph Oluwole

Brigham Young University Education and Law Journal

No abstract provided.

Grey Areas In The Higher Education Sector: Legality Versus Corruptibility, Ararat L. Osipian

Brigham Young University Education and Law Journal

No abstract provided.

Can The Law Keep Pace With Technology? Regulating Student Use Of The Internet And Cyberspace, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Who could have anticipated the effect of the Internet on education, or of social networking sites such as Facebook or MySpace? Yet given the relatively new state of the law, as the legal system struggles to keep pace with technological advances, the courts are reaching markedly different outcomes on the extent to which education officials can punish students who violate school rules, especially if their behavior originated out of school or involved First Amendment free speech claims.

In light of the legal and technological challenges facing school business officials (SBOs), school boards, and other education leaders, the first part of …

This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni

Journal of Collective Bargaining in the Academy

Studies of collective bargaining have often centered on technique, style and the economic data that each side can use in bargaining a labor contract. Often overlooked, however, are the more subtle factors that influence the outcome of a round of bargaining. This article will reflect upon five of those intangible influences, namely, 1) the role of history; 2) the setting of expectations; 3) the nature and character of the people in the process; 4) the aspects of timing in negotiations and 5) the element of catharsis. The author has noted these five factors in his long career at the bargaining …

Quality Counts 2012, Misty Newcomb, Gary W. Ritter

Policy Briefs

In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 16th annual report - Quality Counts 2012 - was released in January. Overall, Arkansas ranked 5th among the 50 states and was one of only nine states in the U.S. that received a B. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.

"Hope And Despondence": Emerging Adulthood And Higher Education's Relationship With Its Nonviolent Mentally Ill Students, Susan P. Stuart

Law Faculty Publications

No abstract provided.

Reutter’S The Law Of Public Education, Charles J. Russo

Educational Leadership Faculty Publications

This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights.

Regulating The Boundaries Between The Public And Private Lives Of Teachers In Changing Cultural Contexts: An American Perspective, Charles J. Russo

Educational Leadership Faculty Publications

Regardless of whether they wish to be regarded as such, there can be little doubt that most teachers and parents in Australia, New Zealand, and the United States agree that teachers are role models for students regardless of whether educators act in or out of schools. Yet, during this time of changing cultural contexts, the boundaries between the private and professional lives of teachers are blurred such that teachers may face liability for what they say or post in a more contemporary application of free speech, via the internet.

In light of ongoing changes, this paper examines how shifts ranging …