Education Law Commons^™

The Education Duty, Scott R. Bauries

Law Faculty Scholarly Articles

A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye toward the effects of adopted policies. In effect, the polity entrusts lawmaking power to its legislature with the expectation that such power will be exercised with loyalty to the public and with due care for its interests. Simply put, legislatures are fiduciaries.

In this Article, I examine the nature of …

The Development Of Domestic Violence As A Field: Honoring Clare Dalton, Elizabeth Schneider, Cheryl Hanna

Faculty Scholarship

No abstract provided.

Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …

Board Of Education V. Rowley After Thirty Years, Mark C. Weber

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

When Good Enough Is No Longer Good Enough: How The High Stakes Nature Of The No Child Left Behind Act Supplanted The Rowley Definition Of A Free Appropriate Public Education, Andrea Kayne Kaufman

The Journal of Law and Education

No abstract provided.

Rowley Forever More - A Call For Clarity And Change, Scott F. Johnson

The Journal of Law and Education

No abstract provided.

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.

Sliding Doors: The Rowley Decision, Interpretation Of Special Education Law, And What Might Have Been, Terry Jean Seligmann

The Journal of Law and Education

No abstract provided.

The Shifting Floor Of Educational Opportunity: The Impact Of Educational Reform On Rowley, Maureen A. Macfarlane

The Journal of Law and Education

No abstract provided.

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Eliminating Gender Stereotypes In Public School Dress Codes: The Necessity Of Respecting Personal Preference, Natalie Smith

The Journal of Law and Education

No abstract provided.

Asperger’S Syndrome And Eligibility Under The Idea: Eliminating The Emerging "Failure First" Requirement To Prevent A Good Idea From Going Bad, Lisa Lukasik

Scholarly Works

No abstract provided.

Of Greater Value Than The Gold Of Our Mountains: The Right To Education In Colorado's Nineteenth-Century Constitution, Tom I. Romero Ii

Scholarly Works

As the contemporary battle for educational opportunity has moved to state courts, the education clauses of a state's constitution have played prominent roles in the litigation. Of particular concern has been the role that history should play in interpreting the scope and meaning of various provisions of a clause. This Article advances this debate by examining the development of article IX (the education clause) in Colorado's 1876 "Centennial" Constitution. The Article first details the efforts to provide free public education in the United States in the decades leading to the drafting of the Colorado state constitution in 1876. Colorado, as …

A New Era For Desegregation, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

With Charter School Popularity On The Rise, Illinois Takes Steps To Ensure Charter Schools Are Open To All, Lynsey Stewart

Public Interest Law Reporter

No abstract provided.

The Effect Of American Saber-Rattling On Iranian Students In Chicago, Laura Knittle

Public Interest Law Reporter

No abstract provided.

Policing In Schools: Too Much Law Enforcement? , Colleen Thomas

Public Interest Law Reporter

No abstract provided.

True Equality In Illinois Education: Will This Be The Year?, Cynthia Y. Herrera

Public Interest Law Reporter

No abstract provided.

In Or Out: States Offer Different Tuition Rates Based On Citizenship, Michael J. Lorden

Public Interest Law Reporter

No abstract provided.

Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell

Public Interest Law Reporter

No abstract provided.

A Broken American Dream: The Current State Of U.S. Immigration Laws And Its Adverse Effect On Students, Education, And The Economy, Sabena Auyeung

Public Interest Law Reporter

No abstract provided.

On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson

Georgia Law Review

Nowhere is the inadequacy of American public
education more striking than in high-poverty, urban
schools populated by disadvantaged minority students.
Despite decades of legal, policy, and scholarly efforts
aimed at addressing the challenges facing these schools,
the academic prospects of poor students are currently as
grim as they have been in recent memory. Reformers
seeking to address this problem have largely focused on
transforming public education from within by focusing on
school conditions or teacher performance. These efforts
have largely failed to bring about real progress: despite
decades of litigation and reform, our nation's most
disadvantaged children continue to lack …

Regulating The Boundaries Between The Public And Private Lives Of Teachers In Changing Cultural Contexts: An American Perspective, Charles J. Russo

Educational Leadership Faculty Publications

Regardless of whether they wish to be regarded as such, there can be little doubt that most teachers and parents in Australia, New Zealand, and the United States agree that teachers are role models for students regardless of whether educators act in or out of schools. Yet, during this time of changing cultural contexts, the boundaries between the private and professional lives of teachers are blurred such that teachers may face liability for what they say or post in a more contemporary application of free speech, via the internet.

In light of ongoing changes, this paper examines how shifts ranging …

Lessons Learned About Classroom Teaching From Authoring Computer-Assisted Instruction Lessons, Barbara Glesner Fines

Faculty Works

No abstract provided.

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …

Changing The Conversation In Education Law: Political Geography And Virtual Schooling Book Review Essay, Aaron J. Saiger

Faculty Scholarship

In Five Miles Away, A World Apart, James E. Ryan concludes that the educational reforms of the hour, school accountability and school choice, will exacerbate rather than undermine the systematic educational advantages enjoyed by wealthier Americans. Paul Peterson, in his Saving Schools, argues that increasingly centralizing American schools have become sufficiently centralized that, as a labor-intensive industry, few productivity gains are available from governance reform, even as demand escalates for the customization of education to individual needs. Both volumes therefore pin their hopes for change upon political geography-the relationship between people and educational institutions in space. Ryan argues that changing …

The Lawmaking Family, Noa Ben-Asher

Faculty Publications

Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …

Educating English Learners: Reconciling Bilingualism And Accountability, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In late July 2011, an estimated 5,000 individuals converged on Washington, D.C., to protest the direction of state and federal education policy. Fueled by social media, the Save Our Schools March and National Call to Action was a grassroots effort organized largely by teachers, with principals, school board members, and activists lending support. Featured speakers included prominent education figures, like historian Diane Ravitch and Jonathan Kozol, a former teacher known for his writings on school inequalities. Specific points of contention focused on high stakes testing and test-based accountability, key elements in the Obama Administration’s Blueprint for Reform and Race …