Education Law Commons^™

Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes

Journal of the National Association of Administrative Law Judiciary

This case note presents a thorough examination of the Supreme Court's recent opinion in Winkelman and its effect on parents and school districts involved in special education law. Part II relates the historical background of special education law with an emphasis on the role of parents. In Part III the facts of the Winkelman decision are summarized. Part IV sets forth an analytical critique of the Supreme Court majority and dissenting opinions. Then Part V of the article contains the impact of the Winkelman decision on special education law in general and on parents and school districts. Part VI concludes …

Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion requirements have not been satisfied. …

Hovering Too Close: The Ramifications Of Helicopter Parenting In Higher Education, Kathleen Vinson

Georgia State University Law Review

“They are needy, overanxious and sometimes plain pesky—and schools at every level are trying to find ways to deal with them. No, not students. Parents—specifically parents of today’s ‘millennial generation’ who, many educators are discovering, can’t let their kids go.”

Some parents, called “helicopter parents” for constantly hovering over their children, are now making higher institutions their landing pads. They hover from the prospective admissions stage to graduation and the job market beyond—contacting presidents of universities, deans, and professors, disputing their child’s grade; requesting an extension for their child; complaining their child does not receive as much praise as the …

Pimping Brown V. Board Of Education: The Destruction Of African-American Schools And The Mis-Education Of African-American Students, Irving Joyner

North Carolina Central Law Review

No abstract provided.

“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson

Working Paper Series

Drawing from the broad and varied literature on legal ethics, the paper demonstrates that legal education and access to justice concerns can and should be addressed simultaneously in our current political and economic climate. Current threats to legal education, and to lawyering in general, present an opportunity for legal education transformation. Applying legal ethics theory to an analysis of these threats provides support for the creation of teaching law firms, similar in size and scope to teaching hospitals, that will employ clinical teaching methodology, substantially enhance ethics teaching and significantly address the issue of access to justice.

School Bullying Victimization As An Educational Disability, Douglas E. Abrams

Faculty Publications

Parts I and II of this essay urge school authorities, parents, and other concerned citizens to perceive bullying victimization as a disability that burdens targeted students. Since 1975, the federal Individuals with Disabilities Education Act (IDEA) has guaranteed “full educational opportunity to all children with disabilities” in every state. The IDEA reaches both congenital disabilities and disabilities that, like bullying victimization, stem from events or circumstances unrelated to biology or birth. To set the context for perceiving bullying victimization as an educational disability, Part I describes the public schools' central role in protecting bullied students, and then briefly discusses the …

Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts

IP Theory

No abstract provided.

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

No Accounting For School Vouchers, James G. Dwyer

Faculty Publications

No abstract provided.

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron Saiger

Cardozo Law Review

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters' neoliberal character - they are privately created and managed, and chosen by consumers in a marketplace - makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers …

An Exploratory Analysis Of Affirmative Action In Admission Processes, Whitney Austin

Dissertations, Theses and Capstone Projects (Full IR Collection)

This paper looks at the current case of Fisher v. University of Texas at Austin in conjunction with previous affirmative action cases. I question what the Court’s decision for the Fisher case will be and what this means for future affirmative action policies in higher education. I pose the question: Is affirmative action still needed today? I use court documents from the current Fisher case and literature on previous cases to help answer this question.

I discussed the Court Justices upbringing and how these will affect their decisions in this case. I examined previous affirmative action cases that some of …

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …

Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener

Pace Law Review

This paper describes an unusual public-private partnership for real property development not involving typical infrastructure like bridges and roads. It addresses how communities like Mesa manage their way (adopting policies implicating land use and environmental sustainability principles via repurposing of buildings and sharing of additional community assets and “campus” leasing actions) to attract private sector higher education providers to establish a downtown as a node of intellectual stimulation, including cultural diversions. Etching the ivory tower environment into community centers sustains the quality of place. This quality attracts the “creative class,” which forms the core of leadership and entrepreneurship in America’s …

Condorcet Defeated: A Malthusian History Of Affirmative Action From Bakke To Fisher, William J. Bogard

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Shades Of Gray: The Future Of Affirmative Action In Higher Education, Eric Segall, Sarah M. Shalf, Stephen Joel Trachtenberg, Andrea L. Dennis

Working in the Public Interest Conferences

Features prominent academics and experts on affirmative action discussing a variety of issues including the impact of Fisher v. University of Texas.

Is "Different But Equal" The New "Separate But Equal"? Nclb's Single-Sex Schooling Option Signals New Horizons For Some While Challenging Equal Education Convictions For Others , Elaine Ekpo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.

Brigham Young University Education and Law Journal

No abstract provided.

Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde

Brigham Young University Education and Law Journal

No abstract provided.

Defamation Is More Than Just A Tort: A New Constitutional Standard For Internet Student Speech, Reesa Miles

Brigham Young University Education and Law Journal

No abstract provided.

Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

Applying The "Paradox" Theory: A Law And Policy Analysis Of Collective Bargaining Rights And Teacher Evaluation Reform From Selected States, Mark Paige J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.

The Ten-Month School Year: Are We Ignoring Educational Research In Order To Preserve Summer Vacation? Finding A Compromise Between Educational Advancement And Over-Schooling, Mary Therese O'Sullivan

Brigham Young University Education and Law Journal

No abstract provided.

Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.

Brigham Young University Education and Law Journal

No abstract provided.

The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski

Brigham Young University Education and Law Journal

No abstract provided.

Educational Federalism: A New Case For Reduced Federal Involvement In K-12 Education, Aaron Lawson

Brigham Young University Education and Law Journal

No abstract provided.

Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski

Brigham Young University Education and Law Journal

No abstract provided.

To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin

Brigham Young University Education and Law Journal

No abstract provided.

Making Enemies Out Of Educators: The Legal And Social Consequences Of Disclosing New York City Teacher Data Reports, Frank G. Barile

Brigham Young University Education and Law Journal

No abstract provided.