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Articles 31 - 53 of 53
Full-Text Articles in Education Law
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre
Washington Law Review
School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …
Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman
Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman
Washington International Law Journal
China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In …
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Washington Law Review
The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Washington Law Review
Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Washington Law Review
It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …
Reinvigorating Educational Malpractice Claims: A Representational Focus, John G. Culhane
Reinvigorating Educational Malpractice Claims: A Representational Focus, John G. Culhane
Washington Law Review
For the past twenty tears, courts have faced a wide array of claims alleging misconduct by schools and their officials. These claims have involved diverse injuries, including: negligence in permitting functional illiterates to pass through the school system; negligent misdiagnosis of learning disabilities; and failure to deliver a promised package of educational skills and services. The judiciary has almost uniformly refused to allow recovery, in tort or otherwise, for such injuries. Some courts have conceded that, on the pleadings, a good case might be made out. Plaintiffs have nonetheless been turned away because of courts' related concerns with untrammeled litigation …
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
Washington Law Review
There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …
Constitutional Law—Equal Protection And The Neighborhood School Concept: The Demise Of The De Jure-De Facto Distinction—Seattle School District No. 1 V. Washington, 473 F. Supp. 996 (W.D. Wash. 1979), Appeal Docketed N. 79-4674 (9th Cir. Sept. 19, 1979), Dan M. Albertson
Washington Law Review
This note analyzes the district court's opinion in Seattle School District No. 1 v. Washington in the context of current doctrines in the field of school desegregation and concludes that the protected status previously accorded to the neighborhood concept6 will be substantially undermined if the Seattle decision is upheld on appeal
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
Washington Law Review
Current debates about the legality of public school funding systems recognize that existing systems combine state, local, and federal revenue sources. The exact nature of the governmental partnership involved is seldom specified, however, and the result is that the institutional relationships are not clearly seen. This failure of perception leads to difficulties when a court is asked to determine the constitutionality of such systems. Two recent state school finance opinions will be analyzed here to compare two different styles of judicial intervention. This article does not deal with all school finance litigation nor with all styles of judicial involvement in …
Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe
Washington Law Review
Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Beyond Bakke—The Use Of Noncognitive Factors In Professional School Admissions Decisionmaking, Catherine Wright Smith
Washington Law Review
This comment suggests that professional schools constitutionally need not and, as a matter of policy, should not be deterred from considering at least some noncognitive criteria in admissions decisions. An exhaustive constitutional analysis of the standard of inquiry appropriate for each noncognitive criterion is not attempted. Instead, the comment shows in Part I that, regardless of the standard of scrutiny applied, any constitutional adjudication will involve some inquiry into the relationship between the school's articulated admissions goals and the admissions criteria used to implement them. The focus of the comment, then, is to analyze those goals that are typically advanced …
Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe
Washington Law Review
The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …
Reductions In Force Rationale: Teachers "Riffed" In Levy Losses, Patricia J. O'Hanley
Reductions In Force Rationale: Teachers "Riffed" In Levy Losses, Patricia J. O'Hanley
Washington Law Review
This comment will review the development of due process requirements for teacher reduction in force in Washington, and will consider the specificity of notice required and the use of seniority as a standard for nonrenewals. It will examine the adverse impact of the Pierce decision in implicitly upholding the delegation of staff reduction responsibility by schools' boards of directors to individual building personnel, concluding that seniority no longer holds the preferred position of the earlier interpretation in Thayer v. Anacortes School District, but is modified by individual district policies and guidelines.
School Finance In Washington—The Northshore Litigation And Beyond, William R. Andersen
School Finance In Washington—The Northshore Litigation And Beyond, William R. Andersen
Washington Law Review
This article will examine the dispute as it has arisen in Washington, a state which, while an early leader in the fair provision of education, has fallen into the same patterns of inequity as most other states. Unfortunately, the magnitude of these inequities has yet to penetrate the legislative perception, and the character of the problem has yet to be fully understood by the state supreme court—as demonstrated by Northshore. It is hoped that the data and discussion presented here will contribute to a better comprehension of the problem.
The University And Education About Law, Charles E. Odegaard
The University And Education About Law, Charles E. Odegaard
Washington Law Review
The thesis of this article is that law is too large and too important a subject to be left by the university to the law school. To say this is not to fault the law school which already carries a substantial segment of instructional responsibility, but rather to fault the university's total approach to the study of law and all its ramifications, both as a matter of rational study and as preparation for careers—note, I say careers—related to the study of law.
Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris
Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris
Washington Law Review
The purpose of this article is to set forth competing notions of equal educational opportunity, indicating which may be appropriate at the state and federal levels, and to review and comment on the inconclusive history of one case that involved the crucial question whether a state's racially conditioned law school admissions program is consistent with a state's constitutional duty to afford equal educational opportunity—DeFunis v. Odegaard.
Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson
Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson
Washington Law Review
This article will examine the existing judicial authority on the legal status of academic tenure at the college level. The article begins with a discussion of acquisition of tenure and proceeds to analyze obstacles to its enforcement and grounds for dismissal from a tenured position, together with the procedural protections which must accompany dismissal.
Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge
Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge
Washington Law Review
The extension of fourteenth amendment due process rights to students in the public schools is a relatively recent phenomenon in educational law. In contrast to the earlier emphasis upon student responsibilities, there is now an increasing recognition of student constitutional rights. In Washington, legislation and administrative rules promulgated by the State Board of Education have conferred the basic protections of constitutional due process upon pupils from kindergarten through high school. This note will discuss the effect of these enactments on the rights of students and on the educational environment in Washington. Following an examination of the Washington regulatory framework, three …
Parental Rights And State Education, Joel S. Moskowitz
Parental Rights And State Education, Joel S. Moskowitz
Washington Law Review
Wisconsin v. Yoder has injected new vitality into a complaint that has been smouldering for decades, that the balance between state control and parental control over the education of children has tipped too far in favor of the state. The thesis of this article is that this control is being returned to parents, but with one crucial difference: While the older cases found parental prerogatives in the interstices of statutes or in their purposeful interpretation, the re-establishment of these same prerogatives is being manifested on a constitutional basis, in the face of clearly drawn statutes. The article will examine several …
Constitutional Law—Establishment Clause: No Tuition Grants, No Tax Benefits For Parents Of Nonpublic School Children—Committee For Public Education & Religious Liberty V. Nyquist, 413 U.S. 756 (1973), E. Michele Moquin
Washington Law Review
This note considers the Court's treatment of New York's tuition reimbursement (Section 2) and tax exemption (Sections 3 through 5) provisions. Since the tuition and tax provisions were expected to equalize the educational choice afforded to all parents and children of the state, regardless of financial capabilities, it is submitted that the Court's decision invalidating the provisions is an unwarranted application of the constitutional prohibition against an establishment of religion. To support this proposition, this note will trace the development in the establishment clause cases of the tripartite test of constitutionality, examine the concept of benevolent neutrality as an underlying …
Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton
Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton
Court Briefs
No abstract provided.
Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon
Washington Law Review
Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …