Education Law Commons^™

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf

Richmond Public Interest Law Review

This article will recount the development of this year's revisions to the 2008-2010 budget, examine the long-term implications of budgetary decisions affecting public education, and review notable pieces of substantive education legislation. It will also highlight the major features of the new Standards of Accreditation-implementing graduation rate accountability-and special education regulations. Finally, this article will offer a framework for analyzing the critical education-funding decisions likely to come before the 2010 General Assembly as Virginia continues to feel the effects of a global economic crisis.

Deferred Education Budget Decision Has Long Range Implications, Robley Shelton Jones

Richmond Public Interest Law Review

Four Senators and four Delegates conferred for the purpose of developing the public education portion of the state budget for the second year of this biennium. These Senators and Delegates met knowing full and well that Virginia ranked thirty-seventh in the nation in per pupil state support for public education in 2008. They also met with the knowledge that there was a $3.7 billion state revenue shortfall. Going into this session, education advocates perceived there to be two battles-the first battle would attempt to minimize budget cuts, while the second battle would attempt to keep the cuts from being permanent. …

Deferred Education Budget Decision Has Long Range Implications, Robley Shelton Jones

Richmond Journal of Law and the Public Interest

Four Senators and four Delegates conferred for the purpose of developing the public education portion of the state budget for the second year of this biennium. These Senators and Delegates met knowing full and well that Virginia ranked thirty-seventh in the nation in per pupil state support for public education in 2008. They also met with the knowledge that there was a $3.7 billion state revenue shortfall. Going into this session, education advocates perceived there to be two battles-the first battle would attempt to minimize budget cuts, while the second battle would attempt to keep the cuts from being permanent. …

Schools, Mandates, And Money: Education In The 2009 Session Of The Virginia General Assembly, Angela A. Ciolf, Sarah A. Geddes

Richmond Journal of Law and the Public Interest

This article will recount the development of this year's revisions to the 2008-2010 budget, examine the long-term implications of budgetary decisions affecting public education, and review notable pieces of substantive education legislation. It will also highlight the major features of the new Standards of Accreditation-implementing graduation rate accountability-and special education regulations. Finally, this article will offer a framework for analyzing the critical education-funding decisions likely to come before the 2010 General Assembly as Virginia continues to feel the effects of a global economic crisis.

The Constitutional Future Of Race-Neutral Efforts To Promote Diversity And Avoid Racial Isolation In Our Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

In 2007, the U.S. Supreme Court ruled in Parents Involved in Community Schools v. Seattle School District No. 1 that the racial classifications used by school districts in Seattle and Louisville to create diverse schools were unconstitutional. Justice Kennedy provided the deciding vote but also noted that school districts could pursue diversity and avoid racial isolation through race-neutral alternatives. He asserted that it was unlikely that race-neutral alternatives would be subject to strict scrutiny but articulated no rationale for this assertion. This Article argues that, after Parents Involved, school districts will focus on race-neutral efforts to create diverse schools …

Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman

Richmond Journal of Law and the Public Interest

This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.

Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street

Richmond Public Interest Law Review

tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …

Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman

Richmond Public Interest Law Review

This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.

Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street

Richmond Journal of Law and the Public Interest

tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …

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.

The Irs And Your Politically Controversial Speakers, Mary L. Heen

Law Faculty Publications

During the 2008 election cycle, we can expect an upsurge of incidents in which college and unive rsity administrators rescind legitimate invitations to politically controversial speakers. As Academic Freedom and Outside Speakers, a statement issued by the MU P's Committee A on Academic Freedom and Tenure, affirms, "Because academic freedom requires the liberty to learn as well as to teach, colleges and universities should respect the prerogati ves of campus organizations to select outside speakers they wish to hear." (The statement begins on page 62 .) In the past, administrators have sometimes cited the lack of balance represented by the …

The Case For A Collaborative Enforcement Model For A Federal Right To Education, Kimberly J. Robinson

Law Faculty Publications

This Article proposes an innovative approach for directing the expanding federal role in education that will encourage states to address disparities in educational opportunities that prevent disadvantaged students from achieving their full potential. The proposed approach builds on the understanding reflected in NCLB that the federal government will remain critical in public education reform. This Article reexamines one avenue for federal involvement that the U.S. Supreme Court considered in several cases and that scholars have debated for more than thirty years: a federal right to education.

San Antonio Independent School District v. Rodriguez explicitly offered the Supreme Court the opportunity …

Rethinking Student Press In The 'Marketplace Of Ideas' After Hosty: The Argument For Encouraging Professional Journalistic Practices, Jacob H. Rooksby

Law Faculty Publications

On February 21, 2006, the Supreme Court denied certiorari to Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba, former student editors and staff writers of Illinois’ Governors State University (“GSU”) student newspaper, the Innovator. By denying their petition, the Court effectively ended the trio’s five-year legal battle in which they sought 42 U.S.C. § 1983 relief from Patricia Carter, Dean of Students at GSU. The students had argued that Dean Carter’s actions, which effectively required that they submit prospective issues of the Innovator to her office for administrative approval before going to press, violated their First Amendment …

Jackson V. Birmingham Board Of Education: Expanding The Class Of The Protected, Or Protecting The Protectors?, Cassandra M. Hausrath

University of Richmond Law Review

No abstract provided.

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Table Of Contents

University of Richmond Law Review

No abstract provided.

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.

Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris

Richmond Journal of Law and the Public Interest

On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.

Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris

Richmond Public Interest Law Review

On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.

School Vouchers: Will They Undermine American Public Schools? Establishing A Context For Debate, Michael F. Dipaolo

Richmond Journal of Law and the Public Interest

Available data from 1995 and 1996 shows that school districts with the largest concentrations of children living in poverty spent considerably less per student than districts with smaller concentrations. In 1995 and 1996, public school districts serving metropolitan areas spent more per student for instruction, support services, and capital outlay combined than did other districts. The recent rise of real personal income per capita has paralleled the increase in public revenue for education per elementary or secondary student. During the 1990s, however, revenue as a percentage of personal income, adjusted for the number of students and population size, decreased slightly, …

On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz

University of Richmond Law Review

No abstract provided.

Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi

Richmond Public Interest Law Review

The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.

School Vouchers: Will They Undermine American Public Schools? Establishing A Context For Debate, Michael F. Dipaolo

Richmond Public Interest Law Review

Available data from 1995 and 1996 shows that school districts with the largest concentrations of children living in poverty spent considerably less per student than districts with smaller concentrations. In 1995 and 1996, public school districts serving metropolitan areas spent more per student for instruction, support services, and capital outlay combined than did other districts. The recent rise of real personal income per capita has paralleled the increase in public revenue for education per elementary or secondary student. During the 1990s, however, revenue as a percentage of personal income, adjusted for the number of students and population size, decreased slightly, …

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi

Richmond Journal of Law and the Public Interest

The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.