Education Law Commons^™

The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman

Brigham Young University Education and Law Journal

No abstract provided.

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.

Inside Unlv, Diane Russell, Shane Bevell, Mamie Peers, Michelle Mouton

Inside UNLV

No abstract provided.

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Educational Studies, Research, and Technology Department Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …

Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown

Articles by Maurer Faculty

The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve …

Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown

Articles by Maurer Faculty

American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.

In light of this …

An Examination Of Section 504 In Practice: Dark Days For Student Rights, Ann S. Maydosz

Communication Disorders & Special Education Theses & Dissertations

Section 504 of the Rehabilitation Act of 1973 is a broadly worded statement that addresses discrimination in schools and other settings. Enacted at about the same time as the Individuals with Disabilities Education Act (IDEA), Section 504 has been used sparingly in elementary and secondary schools. Section 504 presents an opportunity to redress educational inequities for struggling students because it can provide support for students with disabilities and impairments not covered by IDEA. However, due to vague wording, unclear case law, and limited training for school divisions and practitioners, schools are unsure how to implement and to comply with Section …

Perceptions And Knowledge Of Special Education Law Among Building Administrators In A Selected Georgia School District, Patricia Claire Grasso

Dissertations

The Individuals with Disabilities Education Act (IDEA) has impacted every school district in the United States and significantly altered the role of administrators. Requirements for the administration and supervision of special education have developed exponentially since the enactment of Public Law 94- 142 and its reauthorization as the IDEA.

The purpose of this study was to compare the perceptions and knowledge of building administrators regarding special education law. The following research questions were developed to facilitate this study: (a) is there a difference in the level of knowledge about special education law among building administrators regarding the seven provisions of …

Copyright, Clickers, And Consensus, Jonathan Bacon

SIDLIT Conference Proceedings

A discussion about classroom copyright issues and integrating technology.

The Effects Of Vouchers And Private Schools In Improving Academic Achievement: A Critique Of Advocacy Research, Christopher Lubienski, Peter Weitzel

BYU Law Review

No abstract provided.

The Civic Side Of School Choice: An Empirical Analysis Of Civic Education In Public And Private Schools, David E. Campbell

BYU Law Review

No abstract provided.

The Evolution Of Special Education, Kelli J. Esteves, Shaila Rao

Scholarship and Professional Work – Education

The events that have driven the gradual and progressive evolution of special education serve as a backdrop to understanding the foundation of the field and its ever-changing nature. Knowledge of this history is critical if we intend to make further progress.

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …

The Bologna Process And Its Impact In Europe: It's So Much More Than Degree Changes, Laurel Terry

Faculty Scholarly Works

The Bologna Process is a massive, multi-year project designed to create the "European Higher Education Area" by the year 2010. it began ten eyars ago, when four European Union (EU) countries signed a relatively vague declaration. It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries. The Bologna Process countries have agreed on ten "action lines" for restructuring European higher education. These action lines are nothing short of revolutionary - they address everything from a three-cycle degree system (e.g., bachelor-master's-doctorate degrees), European-wide quality assurance efforts, mobility of higher education students and staff, …

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Educational Leadership and Policy Studies Faculty Publications

No abstract provided.

The Ideia And The Right To An "Appropriate" Education, Andrea Blau

Brigham Young University Education and Law Journal

No abstract provided.

Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky

Brigham Young University Education and Law Journal

No abstract provided.

Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft

Inside UNLV

No abstract provided.

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Benerd College Faculty Articles

Hallett provides a review of research project related to McKinney-Vento.

Student Teachers’ Diversity Rights: The Case Law, Zorka Karanxha, Perry Zirkel

Educational Leadership and Policy Studies Faculty Publications

This chapter provides a concise and up-to-date synthesis of the published case law where a student teacher was the plaintiff, the defendant was an institution of higher education or cooperating local school district, and the issues in dispute were related to diversity. The number of such court decisions was surprisingly small, and the outcomes generally favored the defendant institutions. The court cases fall under three categories: 1) student teachers’ diverse views on religion, 2) student teachers’ diverse forms of free speech, and 3) student teachers with special needs. Constitutional claims were the predominant avenue of litigation against school districts and …

The Impact Of Abbott V. Burke On Community-Based Preschool Teachers Education Employability, And Pedagogical Competencies, Collen Malleo

Seton Hall University Dissertations and Theses (ETDs)

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Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …

Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler

Library Faculty Presentations

Student and Faculty Intellectual Property
— Scenarios – What might occur?
— Forms of intellectual property (IP)
— Ownership of faculty IP
— Ownership of student IP
— Rights to use IP:
• RIT-owned
• Student-owned
• External IP
— Scenarios – Discussion of
Using Intellectual Property & Related Tools
— TEACH Act
— Online copyright tutorials & websites
— Turnitin – a plagiarism-detection tool
Handouts
Resources

Regular Education Teachers Formulating Special Education Plans: M.L. V. Federal Way School District And The Idea, Christine Farnsworth

Brigham Young University Education and Law Journal

No abstract provided.

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.

Higher Education Attorneys’ Perceptions Regarding Academic Freedom And Challenges To Academic Freedom, Manuel R. Rupe

Dissertations

Higher education attorneys have emerged in recent years as integral participants in the decision and policymaking processes within American higher educationinstitutions. The perceptions of higher education attorneys regarding academic freedom, including professorial, institutional, and student academic freedom, may significantly impact how higher education institutions respond to modern challenges to such freedom. Key challenges to academic freedom as identified in the literature were categorized into four groups for this study (a) judicial or governmental challenges, (b) internal or collegial challenges, (c) institutionalchallenges, and (d) outside or extra-institutional challenges.

An Internet-based survey was sent to higher education attorneys who subscribed to the …

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.

An Analytic Framework For Understanding And Evaluating The Fiduciary Duties Of Educators, Brett G. Scharffs, John W. Welch

Brigham Young University Education and Law Journal

No abstract provided.