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Articles 301 - 330 of 398

Full-Text Articles in Education Law

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

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 May 2012

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


Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi Apr 2012

Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi

Northwestern Journal of Law & Social Policy

The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …


Arkansas’ Plan For Accountability And Achievement: Analyzing The Esea Waiver Request, Misty Newcomb, Greg Michel Mar 2012

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.


This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni Feb 2012

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 Jan 2012

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.


Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino Jan 2012

Open Textbooks And Provincial Government Policy: A Look At The Issues, Lisa Di Valentino

FIMS Publications

In 2012, the British Columbia government announced a plan to fund a program that will result in the creation of open access textbooks for 40 lower-year university courses — the first such program in any of the provinces. This paper will argue that Ontario should follow British Columbia’s lead and invest in the development of a project to create and promote the use of open textbooks. The introduction will discuss the concept of open textbooks and the various initiatives and legislation that have been introduced in the United States, and British Columbia’s plan will be described in more detail. The …


Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor Jan 2012

Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor

All Faculty Scholarship

A debtor seeking to discharge student loans in bankruptcy must prove that paying the debt would cause an undue hardship upon him and his dependents. Undue hardship, however, is an undefined concept, flummoxing debtors, creditors and judges alike. The result of this ambiguity is rampant inconsistency in the manners in which similarly-situated debtors (and creditors) are treated by the courts. This article argues that the undue hardship standard should be replaced by a framework that uses debt service thresholds to determine the propriety of federal student loan bankruptcy discharges. Eligibility for discharge would depend on outstanding loan amounts, debtor income …


The Politics Of Physical Education Reform, Ari Zyskind Jan 2012

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 …


Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff Jan 2012

Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …


Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood Jan 2012

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …


Nclb Waivers, Misty Newcomb, Gary W. Ritter Oct 2011

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 Sep 2011

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 Aug 2011

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 Jul 2011

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.


Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene Jul 2011

Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor Eugene Tan writes that as Singapore society becomes more complex, our law schools cannot just produce good legal technicians but are challenged to produce lawyers who are innovators and can utilize the law creatively to produce effective and efficient outcomes, and solutions infused with social justice and fairness. Today, the first batch of SMU law students comprising 106 LLB and 17 Juris Doctor degree students graduates.


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 Apr 2011

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 Mar 2011

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 Mar 2011

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 Mar 2011

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 …


The Value Of Value-Added Measures, Nathan C. Jensen, Gary W. Ritter Feb 2011

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 Jan 2011

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)


Can Allocation By Sortition Resolve The Connecticut Education-Financing Impasse?, A. E. Rodriguez, Lesley Denardis Jan 2011

Can Allocation By Sortition Resolve The Connecticut Education-Financing Impasse?, A. E. Rodriguez, Lesley Denardis

Political Science & Global Affairs Faculty Publications

It has been over 40 years since Connecticut amended its Constitution to ensure citizens a right to a free public education. Despite the constitutionally prescribed right, dramatic inequities in educational conditions continued to characterize the state's K-12 educational system, especially between suburban/rural white and urban minority school districts. In the 1970s plaintiffs challenged the prevailing mechanism for allocating education funds with a host of court cases that tackled the thorny question of how much financial responsibility the state should assume to equalize the spending disparities between school districts. Prodded by court decisions, many formulas and approaches have been proposed by …


Special Education, Poverty, And The Limits Of Private Enforcement, Eloise Pasachoff Jan 2011

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 …


Adequate Yearly Progress In Arkansas 2009-10, Nathan C. Jensen, Gary W. Ritter Dec 2010

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


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

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 Sep 2010

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 …


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

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.


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.


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.