Education Law Commons^™

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …

Nclb Waivers, Misty Newcomb, Gary W. Ritter

Policy Briefs

No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.

Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter

Policy Briefs

In recent years, the standards in Arkansas for entry into kindergarten underwent changes that can be difficult to understand. Across the nation, states have increased the minimum age of entry into public schools, and Arkansas is no exception. Recently, a policymaker in our state asked the OEP to look into the research surrounding the question of raising the kindergarten entry age. This policy brief discusses the new requirements as well as the impact of these requirements on families and children in the short and long term by looking at recent changes in Arkansas law and studies concerning the effect of …

When Districts Are Taken Over By The State, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Two types of state takeovers have been in the news this summer. The news extensively covered the state takeover of Helena-West Helena School District and Pulaski County Special School District due to fiscal issues. At their August meeting, State Board of Education members discussed amending the Academic Distress Rules in a manner that would more easily enable state takeovers on the basis of academic distress. This policy brief discusses the various classifications that might lead to a state takeover and the subsequent implications of such classifications. According to Arkansas law, namely The Omnibus Quality of Education Act of 2003, schools …

2011 Arkansas Benchmark Test Results: District By District Scores, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

One day after the Arkansas Department of Education (ADE) released the results from the spring 2011 Arkansas Benchmark exams, the OEP received a call from a local constituent asking how districts in Northwest Arkansas compared to the rest of the state. Surprisingly, this type of question - often asked by educators, policymakers, researchers, parents, and concerned citizens - is not that easy to answer by simply glancing at the ADE-provided data. 1 Therefore, we put together a little policy brief to make the data more clearly understood.

Due Process, Fundamental Fairness, And Judicial Deference: The Illusory Difference Between State And Private Educational Institution Disciplinary Legal Requirements, Paul Smith

The University of New Hampshire Law Review

[Excerpt] “The educational process at a college or university, where students often experience new-found freedom, includes adherence to academic and behavioral standards. The institution may impose sanctions on students for breaching these standards. Prior to imposing a sanction, however, an institution must provide the student with a sufficient level of process or risk judicial invalidation of the sanction.

Courts distinguish the process due a student attending a state institution from the process due a student attending a private institution. Related to this distinction is the judicial claim that courts grant discretion to a private institution’s judgment regarding discipline for academic, …

Bringing The Harlem Children's Zone To Georgia: Making The Program Work In Small-Town America, Andrea L. Dennis, Tim Johnson, Rasuli Lewis, Robin Shearer

Working in the Public Interest Conferences

Explains how the Harlem Children's Zone helps students graduate from post-secondary schools despite some legal and political barriers, and explores the program's potential in Athens, Georgia.

Act 35, New School Performance Ratings, And School Choice, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Act 35 was a product of the Lakeview v Huckabee case and the related Extraordinary Legislative Session. The law § 6-15-2101 of the Arkansas code required the establishment of three school ratings: a rating of the school’s current academic performance (or status), a rating of the school’s academic improvement (see the OEP policy brief on the new improvement rating) 1 , and a rating based on the school’s fiscal practices. The first set of improvement scores were reported based on the standardized tests administered in spring of 2007 and 2008. The first ratings based on current academic performance are to …

The Case For Extended School Time In Arkansas, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

There is growing discussion over the topic of extended learning opportunities throughout the state. For example, this past fall at the OEP conference in November, Arkansas Associctaion of Educational Administrators Director Richard Abernathy stated that additional instructional time may be needed in order to fulfill all the curricular requirements for schools. Citing the need for additional enrichment opportunities, a bill is making its way through the Arkansas Legislature to provide funding for after school and summer school programs. Additionally, and potentially of more consequence, is a bill sponsored by Senator David Johnson (D) of Little Rock to expand learning time …

Big Changes In How Students Are Tested, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

For the past decade, school accountability has relied on tests for which the essential format has remained unchanged. Educators are familiar with the yearly testing routine: schools are given curriculum frameworks, teachers use the frameworks to guide instruction, students take one big test at year’s end which relies heavily upon multiple-choice bubble items, and then school leaders wait anxiously to find out whether enough of their students scored at or above proficiency to meet state standards. All this will change with the adoption of Common Core standards. Testing and accountability aren’t going away. Instead, they are developing and expanding in …

Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker

Brigham Young University Education and Law Journal

No abstract provided.

Contracts, Control And Charter Schools: The Success Of Charter Schools Depends On Stronger Nonprofit Board Oversight To Preserve Independence And Prevent Domination By For-Profit Management Companies, Julia L. Davis

Brigham Young University Education and Law Journal

No abstract provided.

Psychology And Law In The Classroom: How The Use Of Clinical Fads In The Classroom May Awaken The Educational Malpractice Claim, Brian J. Gorman, Catherine J. Wynne, Christopher J. Morse, James T. Todd

Brigham Young University Education and Law Journal

No abstract provided.

The Value Of Value-Added Measures, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The concept of value-added measures of teacher or school effectiveness is prompting a great deal of discussion in K-12 Education policy circles. This debate reached a boiling point last year when the Los Angeles Times published a database of the value-added scores for all teachers in the nation's second largest school district. Proponents argue value-added measures provide important information on school and teacher effectiveness. Opponents argue value-added measures are imprecise instruments which measure student background instead of teacher or school quality. The purpose of this policy brief is to provide the reader with a general understanding of the concept of …

Quality Counts 2011, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

On January 11, Education Week released its 15 th annual Quality Counts report. Since 1997, Education Week has been releasing yearly report cards for each state and the nation as a whole. These report cards attempt to measure educational progress and success in several areas as well as assign an overall letter grade to each state. Some of the grades assigned in the report cards measure the strength of states’ policies, while others measure educational inputs (school funding, job markets) or outputs (K-12 achievement)

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry

Faculty Scholarly Works

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and …

Special Education, Poverty, And The Limits Of Private Enforcement, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

This Article examines the appropriate balance between public and private enforcement of statutes seeking to distribute resources or social services to a socioeconomically diverse set of beneficiaries through a case study of the federal special education law, the Individuals with Disabilities Education Act (IDEA). It focuses particularly on the extent to which the Act’s enforcement regime sufficiently enforces the law for the poor. The Article responds to the frequent contention that private enforcement of statutory regimes is necessary to compensate for the shortcomings of public enforcement. Public enforcement, the story goes, is inefficient and relies on underfunded, captured, or impotent …

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.

Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the end of October, the Arkansas Department of Education released annual adequate yearly progress (AYP) figures for Arkansas schools. These results are based on benchmark and end-of-course test scores in math and literacy for both overall populations and subgroups within schools. They are used to determine whether a school meets state standards and, given their performance in the most recent two years, whether they are placed in the "school improvement" category

Ua5/2 University Attorney - Case File, Wku Archives

WKU Archives Collection Inventories

Unprocessed case files maintained by the University Attorney. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

Religion: How To Stay Out Of Court, Kenneth Akers, Sara Rotramel, Jorge Wellmann

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

In the First Amendment to the Constitution of the United States of America, it reads that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This single sentence, the Establishment Clause, is the backbone of religious freedom in the United States, and with its several annotations it has given shape and breadth to the concept of religion in America, more specifically our topic, i.e. …

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

CASAL Faculty Publications

In Elk Grove Unified School District v Newdow (Elk Grove)

the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.

High School End-Of-Course Exams Show Proficiency Gains For 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In July, the ADE released results for the 2009-10 end-ofcourse (EOC) exams given in Algebra I, Geometry, and Biology administered in April 2010. These results followed the Grade 11 Literacy results released in June. First, we present statewide 2010 results compared to last year. Second, test scores are examined across the state by districts' region, poverty level, and size. Third, we consider the performance of Arkansas students on other assessments to see if these results are consistent with EOC results.

Act 60: The Past, Present, And Future Of School Consolidation In Arkansas, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Since its passage in 2004, Arkansas’ Act 60 has had a major impact on the smallest school districts in Arkansas. The law requires school districts to be consolidated if their enrollment drops below 350 for two consecutive years. This policy brief will report on the numbers and types of schools and districts that have closed since the passage of Act 60. Moreover, the brief will evaluate the enrollment trends to predict which school districts are “at-risk” of being consolidated for dropping below the 350 student threshold established by Act 60. The data for this policy brief is excerpted from a …

A Study Of Group Dynamics In Educational Leadership Cohort And Non-Cohort Groups, Zorka Karanxha, Bobbie J. Greenlee

Educational Leadership and Policy Studies Faculty Publications

The purpose of this study was to examine group dynamics of educational leadership students in cohorts and make comparisons with the group dynamics characteristics of non-cohort students. Cohorts have emerged as dynamic and adaptive entities with attendant group dynamic processes that shape collective learning and action. Cohort (n=42) and non-cohort (n=51) students were surveyed on group variables of participation, communication, influence, trust, cohesiveness, empowerment, collaboration, and satisfaction. Descriptive statistics and effect size analyses were used for data analysis. Significant differences were identified in trust, cohesiveness, and satisfaction. However, findings show little effect on cohort structures in the areas of participation, …

True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski

Seattle University Law Review

As lifelong learners, we all know the feelings of discomfort and bewilderment that can come from being asked to apply existing skills in a completely new situation. As legal educators, we have also experienced the frustration that comes from watching our students struggle to identify and transfer skills from one learning environment to another. For example, a first-semester law student who learns to analogize case law to a fact pattern in a legal writing problem typically will not see the deeper applications for those skills in a law school essay exam several weeks later. Similarly, when law students learn how …

Test Scores Show More Students Scoring Proficient Or Advanced In 2010, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In mid-June, the ADE released the results of the 2009-10 standardized achievement tests, including the Arkansas Benchmark and SAT-10 exams for students in grades 3- 8 and the End-of-Course (EOC) Literacy exam for students in grade 11. The following policy brief will highlight the current performance of all Arkansas students, the performance for particular subgroups of students, and finally the changes in achievement over time.

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …

Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning

The University of New Hampshire Law Review

[Excerpt] “Long before the framers of New Hampshire’s first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement.

By 1708, the provincial government in New Hampshire had established the first public school. Not surprisingly, the school was in Portsmouth, which was, at the time, the seat of the provincial government. On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. Under the same act, a community that had one hundred …