Education Law Commons^™

Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes

Brigham Young University Education and Law Journal

No abstract provided.

The Challenge Of Inner-City Education, Lois Libby

Education Faculty Publications

There are two Connecticuts described in public education circles: One Connecticut includes a set of school systems that are suburban, educating primarily white and/or Asian students. The other set of Connecticut schools systems is urban, comprised primarily of students of color, and of low socio-economic status. The purpose of this chapter is to focus on the latter set of schools, provide some history of their development, look at the indicators of poor progress in more detail, review options of ameliorating the urban school systems, including assessments of state efforts so far, and offer some perspectives and conclusions.

The Challenge Of Higher Education, Steven Michels

Political Science & Global Affairs Faculty Publications

The spiraling cost of education, the spread of technology, and the competitive nature of the job market have changed the very notion of what education should be and who should pay for it.

This chapter proposes a series of practical reforms, designed to work within the existing structure of higher education. The underlying assumption is that higher education in Connecticut is best served by allowing the natural forces of the market to determine the direction of growth and development. Minimal government interference will mean the greatest amount of choice and the highest quality of education for students in the state.

Keeping Schools Safe: Why Schools Should Have An Affirmative Duty To Protect Students From Harm By Other Students, Alison Bethel

The University of New Hampshire Law Review

[Excerpt] "Federal statutes have attempted to make schools safer by providing grants to assist schools in becoming violence-free. Similarly, some states have passed “bullying laws,” which mandate procedures for school officials to follow when dealing with bullying. These statutes, however, do not provide adequate remedies for students who are harmed by their peers during the school day. The majority of courts that have addressed student- on-student violence have declined to hold that compulsory education creates the type of special relationship needed to impose an affirmative duty on schools to protect students from harm by other students. While I agree that …

Establishing A Culture Of Compliance: Applying Corporate Compliance Principles To A Unversity Setting, J. Derek Kearl

Brigham Young University Education and Law Journal

No abstract provided.

A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty

Brigham Young University Education and Law Journal

No abstract provided.

Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala

Brigham Young University Education and Law Journal

No abstract provided.

High School Exit Exams Meet Idea—An Examination Of The History, Legal Ramifications, And Implications For Local School Administrators And Teachers, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Educational Leadership Faculty Publications

The dearth of statistical or anecdotal evidence aside, combined with the relative lack of reported litigation, it appears that most students and teachers regularly participate in perhaps the most common daily school ritual by joining in the patriotic recitation of the Pledge of Allegiance (Pledge) and the salute to the American Flag. Yet, as discussed throughout this article, this daily practice has had a history of controversy, whether in schools or political settings.

Turning specifically to schools, in Newdow v. United States Congress (Newdow), the Ninth Circuit set off a firestorm of controversy when, in a case from California, it …

Real Ethical Dilemma: Professor Whistleblower And The Diary Of The Lost Job*, Terence Garrett

Political Science Faculty Publications

*This story is a fictionalized account of an actual event. Names have been changed to protect the innocent and the guilty. Any similarities with other persons or events are purely coincidental. A version of this paper was presented at a Roundtable discussion of the 2002 Midwest Political Science Association Annual Meeting, April 2002, in Chicago, IL, Roundtable Title – “Administrators, Activists, and Academics: Political Science at the Bargaining Table.” In no way, shape, or form is this essay about my current employer.

Access To Higher Education In Florida And South Africa: A Comparative Policy Analysis, Marty Z. Khan

UNF Graduate Theses and Dissertations

This study examines issues of access to higher education in Florida and South Africa. On November 9, 1999, the Governor of the State of Florida issued Executive Order 99-281 to establish the One Florida Initiative (OFI), which barred the use of race as a factor in university admissions. In South Africa, the government in February 2001 issued its National Plan for Higher Education (SANPHE). This plan outlined a framework to redress past inequities in the higher education system perpetuated by the former government's apartheid ideology. Senior university leaders in Florida and South Africa were required to implement their respective policy. …

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …

Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb

Brigham Young University Education and Law Journal

No abstract provided.

Buckhannon, Special Education Disputes, And Attorneys' Fees: Time For A Congressional Response Again, Stefan R. Hanson

Brigham Young University Education and Law Journal

No abstract provided.

Statutes And Standards: Has The Door To Educational Malpractive Been Opened?, Todd A. Demitchell, Terri A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.

Reexamining Rowley: A New Focus In Special Education Law, Scott F. Johnson

Brigham Young University Education and Law Journal

No abstract provided.

Denying Special Education In Adult Correctional Facilities: A Brief Critique Of Tunstall V. Bergeson, Thomas A. Mayes

Brigham Young University Education and Law Journal

No abstract provided.

The Effect Of The Clery Act On Campus Judicial Practices, Dennis E. Gregory, Steven M. Janosik

Educational Leadership & Workforce Development Faculty Publications

This article describes a study seeking to assess perceptions of campus judicial officers/members of the Association for Student Judicial Affairs (ASJA) regarding the effectiveness of the Clery Act (Campus Security Act) on campus judicial practices. In addition it provides information regarding overall effectiveness of Clery as perceived by the respondents. The researchers surveyed 1,143 members of the Association for Student Judicial Affairs (ASJA) whose institutions are covered by the Act. A total of 422 ASJA members returned questionnaires. This provided a response rate of 36.9%. The respondents included 39% Senior Student Affairs Officers who supervise a judicial conduct administrator, 44% …

Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber

Brigham Young University Education and Law Journal

No abstract provided.

The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West

Brigham Young University Education and Law Journal

No abstract provided.

Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

Subverting The Academic Abstention Doctrine In Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley, Carole A. Veir

Brigham Young University Education and Law Journal

No abstract provided.

Legal Issues In Teacher Evaluation Legislation: A Study Of State Statutory Provisions, Carole A. Veir, David L. Dagley

Brigham Young University Education and Law Journal

No abstract provided.

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

UF Law Faculty Publications

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula …

Teaching About Religion In Public Schools, Kent Greenawalt

Faculty Scholarship

Two of the twentieth century's most controversial Supreme Court decisions held that public schools could not sponsor devotional prayer and Bible reading as part of their educational program. Yet, whether to begin school with a few minutes of devotional practice matters far less than what schools teach about religion, one of the most nettlesome issues of church-state relations in a liberal democracy. This question has received comparatively little attention from constitutional lawyers, because the Supreme Court has declared that teaching about religion is acceptable and has not addressed challenges to programs educators have labeled in this way. Many citizens, of …

The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri

Brigham Young University Education and Law Journal

No abstract provided.

Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan

Brigham Young University Education and Law Journal

No abstract provided.

Ibpp Research Associates: Botswana, Ditso Anneleng

International Bulletin of Political Psychology

This article discusses educational and legal issues surrounding students from Botswana enrolled in an alleged fake educational institution - African Media University in South Africa.