Education Law Commons^™

Table Of Contents

The Journal of Law and Education

No abstract provided.

Recent Cases And Commentary: Supreme Court Decisions

The Journal of Law and Education

No abstract provided.

Recent Cases And Commentary: Lower Federal Courts And State Courts

The Journal of Law and Education

No abstract provided.

The Constitutional Challenge To Teacher Tenure, Derek W. Black

Faculty Publications

In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter.

The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This …

Reforming School Discipline, Derek Black

Faculty Publications

Public schools suspend millions of students each year, but only five percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.

Drawing on the connection between discipline and educational quality, this …

Taking Teacher Quality Seriously, Derek W. Black

Faculty Publications

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …

Professional Editorial Board

The Journal of Law and Education

No abstract provided.

A Legal Study Of Children With Emotional Disturbance And Mental Health Needs And Implication For Practice, Cynthia A, Dieterich, Nicole D. Snyder, Christine J. Villani

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary And Secondary Education - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary & Secondary Education - Coaches Corner

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning - Coaches Corner

The Journal of Law and Education

No abstract provided.

Drawing The Line: A School Systems Duty Of Care For Off-Campus Safety, Chase Coble

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Kids And Rules: Challenging Individualization In Special Education, Karen Syma Czapanskiy

The Journal of Law and Education

No abstract provided.

Primary & Secondary Education - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Farewell To Dixie: California's Attempt To Eliminate The Confederacy From Public Schools, James Shockley

The Journal of Law and Education

No abstract provided.

The Gap Between Rights And Reality: The Intersection Of Language, Disability, And Educational Opportunity, Claire Raj

Faculty Publications

English Language Learners (ELLs) are the fastest growing group in America’s schools. The debate over how to best serve them is largely dominated by fights over English-only versus bilingual instruction. This controversy is once again taking center stage, as states like California and Massachusetts reassess their language programs after a decade of English-only laws on the books. But once again, lost in the battle over language pedagogy is the fact that ELLs face educational challenges beyond language. Like any other student population, the ELL cohort includes students with disabilities who need special education services. In theory, two different statutes protect …

Evaluating Evaluation: Assessing Massachusetts School Districts' Implementation Of Educator Evaluation Requirements, Ranjini Govender Dowley, Noah Kaplan

The Journal of Law and Education

No abstract provided.

State Ethical Codes For School Leaders, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts

The Journal of Law and Education

No abstract provided.

Does Kirtsaeng V. Wiley Open The Door For An Abuse Of The First-Sale Doctrine, Owen Lee Wilson

The Journal of Law and Education

No abstract provided.

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski

Faculty Publications

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Table Of Contents

The Journal of Law and Education

No abstract provided.

An Analysis Of The Policy, Research, And Legal Issues Surrounding The Exclusion Of Charter Schools From The Teacher Evaluation Revolution, Preston C. Green Ii, Morgaen L. Donaldson, Joseph O. Oluwole

The Journal of Law and Education

No abstract provided.

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

A Student's Right To Remain Silent, James Carey

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Reasonable Supervision Of Special Students: The Impact Of Disability On School Liability For Student Injury, Lynn M. Daggett

The Journal of Law and Education

No abstract provided.

Bringing Sunshine To Third-Grade Readers: How Florida's Third-Grade Retention Policy Has Worked And Is A Good Model For Other States Considering Reading Laws, Kimberly Balkcom

The Journal of Law and Education

No abstract provided.