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Articles 481 - 510 of 638

Full-Text Articles in Education Law

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft May 2010

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”

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How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter Apr 2010

How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In late March, the winners for Round 1 of the federal Race to the Top (RttT) were announced. The competitive grant funded under the American Recovery and Reinvestment (ARRA) was described in more detail in an OEP policy brief posted here . In January, Arkansas joined 40 other states in submitting an application. When the finalists were announced, Arkansas was ranked 17th and just missed the cut! In this policy brief, we provide a brief overview of how the Arkansas application fared and what our state leaders could do to increase our chances for Round Two.

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National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter Apr 2010

National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In March, the Common Core State Standards Initiative (CCSSI) released drafts of the proposed National Standards for K-12 education in English Language Arts and Literacy, History/Social Studies, Science, and Math. The draft standards were developed in collaboration with teachers, school administrators, and experts with the goal of providing a clear and consistent framework to develop “college or career ready” students. In this draft, the authors attempt to define knowledge and skills students that high school graduates need for entry-level, credit bearing academic college courses and workforce training programs.

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Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter Apr 2010

Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Almost 45 years ago to this day, the federal government enacted the Elementary and Secondary Education Act (ESEA) on April 11, 1965. The Act, which provided funds for professional development, instructional materials, resources to support educational programs, and promoted parental involvement in primary and secondary education, has been reauthorized about every five years since its enactment. The current version, known more commonly as the No Child Left Behind Act, is now up for reauthorization. The following policy brief will describe the development of the Act into its current form, discuss the major components of No Child Left Behind, and highlight …

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2009 Naep Reading Results, Nathan C. Jensen, Gary W. Ritter Apr 2010

2009 Naep Reading Results, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The National Assessment of Educational Progress (NAEP), also known as “the Nation’s Report Card,” is a national assessment of what students in each state know in various subjects. The grade 4 and 8 mathematics and reading portions of the NAEP were administered in 2009. We highlighted the math results, which were released last fall, in the 2009 Arkansas Report Card (http://www.uark.edu/ua/oep/report_cards/2009_Report Card.pdf). The 2009 reading scores were released at the end of March, 2010. This policy brief highlights the recent NAEP reading results and demonstrates, bluntly, that growth has stagnated both in the U.S. and Arkansas.

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Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D. Mar 2010

Standard Of Care For Students With Disabilities: The Intersection Of Liability Under The Idea And Tort Theories, Ralph D. Mawdsley J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

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Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal Mar 2010

Access Granted: The Winkelman Case Ushers In A New Era In Parental Advocacy, Laura Mcneal

Brigham Young University Education and Law Journal

No abstract provided.

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Algebra For All?, Nathan C. Jensen, Gary W. Ritter Feb 2010

Algebra For All?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In Arkansas, students graduate from high school at a relatively high rate – 72% versus the national rate of 69%. However, according to the ACT, only 35% of Arkansas graduates are ready for college-level work (based on Arkansas’ College Readiness Benchmark Scores). Our state's rate of completion from college also ranks below the national average (See Table 3.5 in OEP’s report card here). There is a strong correlation between the successful completion of an algebra course and readiness for college-level work. Because of this, there has been a great deal of interest recently in the question of whether educators in …

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Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter Jan 2010

Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …

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Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, Gary W. Ritter Jan 2010

Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, 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 14th annual report - Quality Counts 2010 - was released in January. Four of the six categories (Chance for Success, School Finance, The Teaching Profession, and Standards, Assessment and Accountability) were updated to reflect the most current (2010) data. Arkansas received the highest possible grade (A) in the Standards, Assessments & Accountability category, receiving perfect scores in the subcategories for Standards and School Accountability. Similarly, Arkansas' grade for Transitions and …

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Education Law Association, Zorka Karanxha Jan 2010

Education Law Association, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

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Hunt V. Mcnair, Zorka Karanxha Jan 2010

Hunt V. Mcnair, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

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High Hopes Hamstrung: How The “Trial De Novo” For Termination Of Tenured Teachers’ Contracts Undermines School Reform In Oklahoma, N. Georgeann Roye Jan 2010

High Hopes Hamstrung: How The “Trial De Novo” For Termination Of Tenured Teachers’ Contracts Undermines School Reform In Oklahoma, N. Georgeann Roye

Oklahoma Law Review

No abstract provided.

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The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman Jan 2010

The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …

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Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo Dec 2009

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

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Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter Sep 2009

Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

This summer, Dr. Ken James announced his resignation as Education Commissioner at the Arkansas Department of Education (ADE). Dr. James’ last day was June 30, 2009 and Diana Julian stepped in as interim commissioner. Today, Governor Mike Beebe announced Tom Kimbrell as his choice for the next commissioner. As we await the official appointment of the new commissioner, the OEP felt it was appropriate to highlight Dr. James’ contributions to Arkansas education.

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Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter Sep 2009

Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The Office for Education Policy is excited to welcome the new Arkansas Education Commissioner – Dr. Tom Kimbrell.

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What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter Aug 2009

What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In response to the No Child Left Behind Act of 2001, state departments of education, including the Arkansas Department of Education (ADE), established rules to define a “highly qualified” teacher (HQT). While the spirit of this provision is clear and reasonable, the devil is, of course, in the details. That is, what exactly does highly qualified mean? Observers had good reason to be suspicious early on when many states claimed to have 95% or more of teachers being highly qualified. (For instance, according to Education Commission of the States, 100% of North Dakota teachers are considered highly qualified and 14 …

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Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter Aug 2009

Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The federal Race to the Top is a national competition between states intended to support education reform and innovation in classrooms. States at the forefront of school reform are eligible to compete for $4.3 billion in Race to the Top grants. Since this is a competitive grant, it is possible that some states will not receive awards, and President Obama assures that “politics won’t come into play.”

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Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin Jun 2009

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

The University of New Hampshire Law Review

[Excerpt] “Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have …

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Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro Apr 2009

Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1, a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, Parents Involved was the latest chapter in the Court's almost 40-year history of reaching mixed results in such far-reaching areas involving race-conscious remedies as admissions to higher education, employment in the general workforce and in education, minority set aside programs, and voting rights. In light of the impact that Supreme Court cases on race-conscious remedies have in education, particularly in urban settings, this article first reviews …

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Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins Apr 2009

Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins

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

Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how …

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The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas Apr 2009

The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas

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

For professionals in higher education, it is our responsibility to stay on top of the ever changing landscape of technology at our colleges and universities. In order to provide the best and most convenient services, it is our objective to continue to expand the walls of higher education into the global boundaries of technology. For the purpose of this paper, the Ginsburg Group has focused on five different areas regarding the use of technology. In these areas, the information provided is our thoughts and best advice in how institutions of higher learning can avoid the courtroom. The following pages will …

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The Abcs Of Crisis Management: How To Stay Out Of Court, Lorna Hollowell, Kendra Leveridge, Andrew Rash, Robin Rathje, Gary Wiser Apr 2009

The Abcs Of Crisis Management: How To Stay Out Of Court, Lorna Hollowell, Kendra Leveridge, Andrew Rash, Robin Rathje, Gary Wiser

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

Advice about Crisis Management is what this handbook is all about. We have comprised a handbook to hopefully help you stay out of court. We call it the ABC’s of CRISIS MANAGEMENT. Since it is imperative that one must advise properly, there is a need to have the skill of knowing what type of advice one renders. The key explanation of these types of advice lies in the audience or recipients of the advice. Our goal is to keep you out of court throughout a crisis.

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Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth Apr 2009

Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth

UNLV Magazine

No abstract provided.

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English Learners In Boston Public Schools: Enrollment And Educational Outcomes Of Native Spanish Speakers, Miren Uriarte, Nicole Lavan, Nicole Agusti, Faye Karp Apr 2009

English Learners In Boston Public Schools: Enrollment And Educational Outcomes Of Native Spanish Speakers, Miren Uriarte, Nicole Lavan, Nicole Agusti, Faye Karp

Gastón Institute Publications

In November 2002, the voters of Massachusetts approved Referendum Question 2. This referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts. In its place came a radically different policy called Sheltered English Immersion (SEI). Unlike TBE, which relies on the English learners’ own language to facilitate the learning of academic subjects as they master English, SEI programs rely on the use of simple English in the classroom to impart academic content; teachers use students’ native language only to assist them in completing tasks or to answer a question. …

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English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes, Ay2003-Ay2006 Final Report, Rosann Tung, Miren Uriarte, Virginia Diez, Nicole Lavan, Nicole Agusti, Faye Karp, Tatjana Meschede Apr 2009

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes, Ay2003-Ay2006 Final Report, Rosann Tung, Miren Uriarte, Virginia Diez, Nicole Lavan, Nicole Agusti, Faye Karp, Tatjana Meschede

Gastón Institute Publications

In 2002, Massachusetts voters approved a referendum against the continuance of Transitional Bilingual Education (TBE) as a method of instruction for English language learners. The study undertaken by the Mauricio Gaston Institute at UMass Boston in collaboration with the Center for Collaborative Education in Boston finds that, in the three years following the implementation of Question 2 in the Boston Public Schools, the identification of students of limited English proficiency declined as did the enrollment in programs for English; the enrollment of English Learners in substantially separate Special Education programs more than doubled; and service options for English Learners narrowed. …

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English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes Of Native Speakers Of Cape Verdean Creole, Chinese Dialects, Haitian Creole, Spanish, And Vietnamese, Miren Uriarte, Nicole Lavan, Nicole Agusti, Mandira Kala, Faye Karp, Peter Nien-Chu Kiang, Lusa Lo, Rosann Tung, Cassandra Villari Apr 2009

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes Of Native Speakers Of Cape Verdean Creole, Chinese Dialects, Haitian Creole, Spanish, And Vietnamese, Miren Uriarte, Nicole Lavan, Nicole Agusti, Mandira Kala, Faye Karp, Peter Nien-Chu Kiang, Lusa Lo, Rosann Tung, Cassandra Villari

Gastón Institute Publications

This study focuses on the academic experience of English Learners (ELs) in Boston’s public schools in the year before and in the three years following the implementation of Referendum Question 2. In 2002, this referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts public schools, replacing it with Sheltered English Immersion (SEI). Specifically, this report focuses on the enrollment and academic outcomes of the five largest groups of native speakers of languages other than English in the Boston Public Schools: speakers of Spanish, Chinese dialects, Vietnamese, Haitian Creole, …

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Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed Mar 2009

Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed

Brigham Young University Education and Law Journal

No abstract provided.

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Morals Clauses For Educators In Secondary And Postsecondary Schools: Legal Applications And Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade Mar 2009

Morals Clauses For Educators In Secondary And Postsecondary Schools: Legal Applications And Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade

Brigham Young University Education and Law Journal

No abstract provided.

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