Education Law Commons^™

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 …

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.

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 …

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 …

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 …

From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis

Political Science & Global Affairs Faculty Publications

Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …

Caught In A Time Warp: The Education Rights Of English Language Learners, Rosemary Salomone

Journal of Civil Rights and Economic Development

(Excerpt)

Although the United States has long experience in educating children from immigrant families, the role the home language should play in the education of those who are not proficient in English remains politically charged and unresolved. For the past four decades, since the first infusion of federal funds that support programs for what are now called "English Language Learners," this question has engaged educators, policy makers, and researchers in a heated debate centering on bilingual education versus English-Only instruction. The first approach generally uses the child's home language either as a transitional bridge to learning English or, less commonly, …

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 …

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.

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.

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 …

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.”

Courtrooms As Battlefields In The Evolution War: Examining Judicial Behavior And The Outcomes Of Cases Involving Public Education And Religion, Trevor W. Ramsey

All-Inclusive List of Electronic Theses and Dissertations

Over the past century, various challenges to the teaching of the theory of evolution have made their way to the courts, with the two most recent dealing with the concept of "intelligent design." The goal of this study is to attempt to find indicators that could help predict how judges will decide these types of cases in the future. Due to the low number of such cases, this study looked at the issue from the broader perspective of conflicts between religion and public schools. Focusing on federal district and appellate courts, sixty-eight cases were selected, with 145 rulings from 121 …

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. …

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. …

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, …

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 …

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 …

Identifying Predictors Of Law Student Life Satisfaction, Nisha C. Gottfredson, A T. Panter, Charles E. Daye, Walter T. Allen, Linda E. Wightman, Meera E. Deo

Journal of Legal Education

No abstract provided.

Science In The Law School Curriculum: A Snapshot Of The Legal Education Landscape, Mara Merlino, James T. Richardson, Jared Chamberlain, Victoria Springer

Journal of Legal Education

No abstract provided.

Lock & Load? The 2nd Amendment Arrives On Campus, Porcher L. Taylor Iii, Beth Anne Simonds

School of Professional and Continuing Studies Faculty Publications

Thanks to the U.S. Supreme Court’s watershed decision regarding the Second Amendment in June, state lawmakers, university policymakers and campus safety personnel nationwide face a conundrum that must be answered in a prudent way. The solution will greatly impact the daily lives of everyone on campus.

Adult Complicity In The Dis-Education Of The Black Male High School Athlete & Societal Failures To Remedy His Plight, Kimberly Jade Norwood

Scholarship@WashULaw

This Article focuses on the educational hurdles facing many Black male student athletes in urban high schools. Academic rigor is rarely expected of these students. They are part of an active form of dis-education. By dis-education, I mean the active failure to educate. Our learning institutions have become so accustomed to excusing these students from academic rigor that doing so simply does not spark a sense of outrage or any notion that we are doing something wrong when it comes to our expectations of these students. No one really questions them when they do poorly on class work and tests. …

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

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.

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.