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Articles 1 - 30 of 71
Full-Text Articles in Education Law
Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards
Locking Up Potential: Why Children Need Access To Special Education Services In Solitary, Lauren Edwards
Touro Law Review
Correctional facilities across the country are consistently failing to provide adequate special education to disabled children who are placed in solitary confinement due to inadequate funding, untrained staff, and lack of consensus on how to implement a program. This Note compares the special education services that disabled children are entitled to under the Free Appropriate Public Education (“FAPE”) statute with the education they receive during incarceration. This Note also discusses suggestions for implementing meaningful special education when a child is isolated. When disabled children are placed in solitary confinement and deprived of education tailored to their specific needs and abilities, …
Foreword, Patricia B. Barnett
Foreword, Patricia B. Barnett
Journal of Race, Gender, and Ethnicity
No abstract provided.
Private Religious Schools And Disability Discrimination, Kevin Timpe
Private Religious Schools And Disability Discrimination, Kevin Timpe
Touro Law Review
In the lead-up to the passing of the Americans with Disabilities Act (“ADA”), religious institutions and organizations lobbied to be exempt. Because they were successful in securing an exemption to most of the ADA’s requirements, religious private schools maintain the legal right to refuse admission to disabled students or to fail to give them various legal protections. After considering the arguments given in its favor, the paper critiques this exemption on moral grounds. It then suggests that these considerations should lead to a reexamination of the legal right such schools have to discriminate against disabled individuals, especially in those cases …
A Holistic Treatment Team For Autism: The Professional Education Benefits Of A Medical-Legal Partnership For Autism Involving Students From Graduate Programs In Law, Applied Behavior Analysis, And Occupational Therapy, Melina Healey, Kayla Finuf, Karrie Lindeman, Rena B. Purohit, Linda Rini
A Holistic Treatment Team For Autism: The Professional Education Benefits Of A Medical-Legal Partnership For Autism Involving Students From Graduate Programs In Law, Applied Behavior Analysis, And Occupational Therapy, Melina Healey, Kayla Finuf, Karrie Lindeman, Rena B. Purohit, Linda Rini
Journal of Race, Gender, and Ethnicity
This article will outline the distinct special education and related service needs of children with autism and describe a new model for a medical-legal partnership tailored to address those needs and educate the professionals who work with children with autism. We will share results supporting the use of this model from a series of Interprofessional Education (“IPE”) case studies and consultations the authors conducted through interdisciplinary coursework shared among several graduate schools within Touro University. Part I explains the legal and client-centered framework within which the medical-legal partnership operates. Part II identifies the advantages of Applied Behavioral Analysis (ABA) and …
Politics And School Libraries, Legal Challenges And Impacts, Dr. Cynthia Boyer
Politics And School Libraries, Legal Challenges And Impacts, Dr. Cynthia Boyer
Journal of Race, Gender, and Ethnicity
This article begins by exploring the tensions between public opinion, education, and political conflicts, focusing on how these dynamics shape current debates. It then examines the rising trend of book banning legislation across various states and the constitutional challenges these laws face. Finally, the analysis considers the broader implications of these actions on students, educators, and society, highlighting the potential consequences for the future of education and democratic engagement in the United States.
Foreword, Patricia B. Barnett
Foreword, Patricia B. Barnett
Journal of Race, Gender, and Ethnicity
No abstract provided.
Channeling A Federal Commitment To Education Through State Constitutions And Courts, Nicole Sunderlin, Evan Caminker
Channeling A Federal Commitment To Education Through State Constitutions And Courts, Nicole Sunderlin, Evan Caminker
Journal of Race, Gender, and Ethnicity
This article examines the evolution of efforts to secure a federal right to education, highlighting the unsuccessful attempts at the federal level and the shift to state constitutional litigation, which has yielded mixed and limited outcomes. Part I outlines these failed efforts and their consequences. Part II introduces Professor Black’s proposal for a federal right to education, anchored in the State Citizenship Clause. Part III presents a new federalism model that suggests federal constitutional commitments should guide the interpretation of state constitutional provisions, particularly regarding education. The article concludes by advocating for state courts to adopt a more robust interpretation …
Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin
Leandro V. State: The Challenges Of Litigating School Funding Equity In Hyper-Partisan Times, Mark Dorosin
Journal of Race, Gender, and Ethnicity
The Leandro case serves as a critical case study highlighting the limitations of litigation in addressing educational inequities, particularly in states committed to undermining public education. Despite the judiciary's constitutional role as an independent check on legislative actions, the politicization of state supreme courts has transformed them into partisan entities. This shift erodes public trust in the legal process and disproportionately harms marginalized groups, many of whom have historically relied on the courts to safeguard their constitutional rights, including equitable access to public education. The Leandro case underscores the challenges of achieving meaningful educational reform through litigation in a highly …
Protecting Students’ Right To Listen By Statute, Noah C. Chauvin
Protecting Students’ Right To Listen By Statute, Noah C. Chauvin
Journal of Race, Gender, and Ethnicity
This article argues that First Amendment challenges to book bans in public school libraries, based on the right to receive information, are unlikely to succeed. Even if such bans clearly violate students' rights, constitutional litigation is slow and unpredictable, and courts may not consistently support these challenges. Therefore, instead of relying solely on litigation, opponents of book bans should pursue legislative change. The paper proposes a model statute that advocates and legislators can use to ban book bans. It also acknowledges the complexities of terminology and scope, defining "book bans" as decisions to restrict or remove materials from school libraries, …
Idea Manifestation Determination Review As Restorative Practice, Matt Saleh, Barbara J. Hickman, Angela M. T. Prince, Lawanda H. Cook, Jackie Bickford, Kristie Chu, Erika Kitsantas
Idea Manifestation Determination Review As Restorative Practice, Matt Saleh, Barbara J. Hickman, Angela M. T. Prince, Lawanda H. Cook, Jackie Bickford, Kristie Chu, Erika Kitsantas
Journal of Race, Gender, and Ethnicity
This article examines the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities access to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The IDEA aims to provide equal educational opportunities for students with disabilities, addressing inequitable exclusions from public schools. Despite its protections, including procedural safeguards like the Manifestation Determination Review (MDR), which prevents unjust removal due to disciplinary actions, students with disabilities remain disproportionately affected by suspensions, expulsions, and arrests, with these disparities exacerbated by race, poverty, and other intersectional factors. The essay highlights compliance concerns with the MDR, particularly its inconsistent …
Ai As A Tool For Education Equity: A Review Of Recent Literature, Jace F. Peterkin-Rawls, J.D.
Ai As A Tool For Education Equity: A Review Of Recent Literature, Jace F. Peterkin-Rawls, J.D.
Journal of Race, Gender, and Ethnicity
This article addresses the challenges faced by one in five children in the United States who have learning or thinking differences, disabilities, or disorders. Despite existing resources like Individualized Education Plans (IEPs) and 504 plans, many students with learning disabilities struggle due to insufficient personalization, limited teacher support, and inadequate funding. The article explores the potential of Artificial Intelligence (AI) to enhance current educational resources and better support these students. It provides an overview of common learning disabilities and existing support mechanisms, followed by a discussion of the ethical implications of AI in education from four scholars. The article then …
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education, Nancy L. Zisk
The Legacy Of Brown V. Board Of Education: Achieving Student Body Diversity In All Levels Of Education, Nancy L. Zisk
Touro Law Review
This Article addresses the legal standard by which school admissions programs may be judged and validated as school districts struggle to achieve student body diversity. As the Supreme Court recognized in its seminal decision, Brown v. Board of Education, education “is the very foundation of good citizenship.” Twenty years after that case was decided, Thurgood Marshall, who had argued that separate was not equal in the Brown case, observed as a Justice of the Court that “unless our children begin to learn together, there is little hope that our people will ever learn to live together.” Because achieving student body …
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
This Aggression Will Not Stand, Schools: The Need For Federal Legislation Protecting Bullied Students With Disabilities, Russell A. Vogel
Touro Law Review
A boy with Autism comes home from school, visibly upset. His parents ask him why, and he responds that nobody in his class likes him. To his parents’ horror, they learn that their son’s teacher encouraged a class discussion about why they dislike their son. When the boy’s parents complain to the school about this issue, school administrators brush it aside. The next day, students sitting near the boy move their desks away from him and taunt him for the way he acts every time he tries to socialize with them. The boy then refuses to go to school each …
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler
There’S No “Gender” In Team: Developing State Policies For The Inclusion Of The Transgender Interscholastic Athlete, Brianna Weppler
Touro Law Review
The transgender athlete is a relatively new concept challenging the norm of gender division in sports. Multiple states across the United States have yet to update their policies to include the transgender athlete in interscholastic athletics. State policies that do include transgender student athletes are currently being challenged on the grounds that they violate Title IX of the Educational Amendments to the 1964 Civil Rights Act. This review considers the different state policies dictating the inclusion of transgender student athletes in school sports. After evaluating the impact of omitting transgender students from participating on sports teams, this review maintains that …
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
The Slippery Discourse Of Sexual Consent: Feminist Acumen And Feminist Excess, Dan Subotnik
Scholarly Works
No abstract provided.
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
How Increased Legal Representation Can Close The Gap In Special Education Discrepancies, Todd Carney
Touro Law Review
This piece looks at how the existing education regime has led to disparities between white and minority students. The paper finds that the disparity gets even worse when special education is factored in. The reason so many low-income and minority students with disabilities receive such a poor education is that they do not have the proper legal representation to demand the rights that they are guaran- teed under US law. This paper looks at how low-income and minority families have been cheated out of proper legal representation in other areas and how receiving the necessary legal representation can lead to …
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope, Samuel J. Levine
Covid-19 And Individuals With Developmental Disabilities: Tragic Realities And Cautious Hope, Samuel J. Levine
Scholarly Works
The COVID-19 pandemic has cast the United States, along with the rest of the world, into a time of crisis and uncertainty unlike any other in recent memory. Months into the pandemic, there is scant agreement among scientists, government officials, and large segments of the public, both domestic and abroad, as to determining the causes and workings of the virus, designing appropriate and effective responses to the outbreak, and constructing accurate assessments of the future—or even of the present. Indeed, the availability of concrete information about the virus and its effects is grossly inadequate and often replaced by anecdotal or …
Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko
Should I Stay Or Should I Go: Student Housing, Remote Instruction, Campus Policies And Covid-19, Patricia E. Salkin, Pamela Ko
Scholarly Works
In March 2020, as the world scrambled to understand and address myriad public health and economic challenges unfolding from the novel coronavirus labeled COVID-19, higher education was forced into a tailspin. This article examines the legal and policy challenges that result from, among other issues, the congregate housing situations existing for on- and off-campus housing at colleges and universities. The legal issues demonstrate federalism at work and include; at the federal level, regulations and guidance from the White House, the Center for Disease Control (CDC) and the U.S. Department of Education; at the State level from gubernatorial executive orders, state …
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Every Student Succeeds Act: Are Schools Making Sure Every Student Succeeds?, Laura Adler-Greene
Touro Law Review
No abstract provided.
Endrew F. Clairvoyance, Mark C. Weber
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Touro Law Review
No abstract provided.
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Foreword To The Symposium: Current Issues In Disability Rights Law, Samuel J. Levine
Touro Law Review
No abstract provided.
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Preschool And Lead Exposed Kids: The Idea Just Isn’T Good Enough, Karen Syma Czapanskiy
Touro Law Review
No abstract provided.
Canines In The Classroom Redux: Applying The Ada Or The Idea To Determine Whether A Student Should Be Allowed To Be Accompanied By A Service Animal At A Primary Or Secondary Educational Institution, Rebecca J. Huss
Touro Law Review
No abstract provided.
Endrew F. V. Douglas County School District: The Supreme Court’S Elusive Attempt To Close The Gap Between Some Educational Benefit And Meaningful Educational Benefit, Alyssa Iuliano
Touro Law Review
No abstract provided.
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
I’Ll See You In Court, But Not Pursuant To Dasa, Adam I. Kleinberg, Alex Eleftherakis
Touro Law Review
No abstract provided.
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee
Touro Law Review
No abstract provided.
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone
Touro Law Review
No abstract provided.