Education Law Commons^™

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Journal Articles

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public schools …

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.

Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield

Catholic University Law Review

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.

The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown

Brigham Young University Education and Law Journal

No abstract provided.

Executive Action In The Face Of Congressional Inaction: Education Waivers Circumventing The Legislative Process, Courtney K. Morgan

Brigham Young University Education and Law Journal

No abstract provided.

Religious Freedom In A Brave New World: How Leaders In Faith-Based Schools Can Follow Their Beliefs In Hiring, Charles J. Russo

Educational Leadership Faculty Publications

A confluence of litigation at the Supreme Court raises important, yet potentially conflicting, questions about the freedom of employers in religious schools¹ to hire teachers and staff members. On the one hand, in Hosanna-Tabor v. Equal Employment Opportunities Commission,² a unanimous Court reasoned that the ministerial exception granted religious leaders alone the authority to choose who is qualified to teach in their schools. On the other hand, the Court’s rulings on same sex-unions seem to be ushering in a brave new world. For example, in United States v. Windsor,³ the Court struck down the Defense …

A Struggle Of Foreign Policy, State Power, And Academic Freedom: Faculty Senate Of Florida International University V. Florida, Joy Blanchard

Brigham Young University Education and Law Journal

No abstract provided.

Reforming The "Business" Of Charter Schools In Pennsylvania, Patrick J. Gallo Jr.

Brigham Young University Education and Law Journal

No abstract provided.

Fixing Alabama's Public School Enrollment Requirements In H.B. 56: Eliminating Obstacles To An Education For Unauthorized Immigrant Children, Sean Mussey

Brigham Young University Education and Law Journal

No abstract provided.

New Jersey's Opportunity Scholarship Act: A Step In The Right Direction, Joseph W. Catuzzi

Brigham Young University Education and Law Journal

No abstract provided.

In The Weeds With Thomas: Morse, In Loco Parentis, Corporal Punishment, And The Narrowest View Of Student Speech Rights, William C. Nevin

Brigham Young University Education and Law Journal

No abstract provided.

Nevada Public Policy And Higher Education: The Roles Of The Legislature And The Board Of Regents Under The Nevada Constitution, Thomas B. Mcaffee, Justin James Mcaffee

Nevada Law Journal

No abstract provided.

Title Ix And Baseball: How The Contact Sports Exemption Denies Women Equal Opportunity To America's Pastime, Brittany K. Puzey

Nevada Law Journal

No abstract provided.

Career Readiness: Arkansas And Beyond, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This policy brief explores how career and technical education is being approached in Arkansas and elsewhere. New career and college readiness initiatives have been undertaken in a variety of settings, including the academy model that is highlighted in this brief. Additionally, the brief will explore career readiness from an international and national perspective and discuss the rationale for why career readiness matters for a considerable number of students in the public schools and workforce development programs across Arkansas.

Early College High School, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In the past decade, there has been a growing trend of offering opportunities to high school students to earn college credit. These opportunities have come in many forms: Advanced Placement (AP) courses, International Baccalaureate (IB) courses, dual enrollment, and concurrent enrollment. Early college high schools have developed in the wake of this trend. This policy brief examines Early College High Schools, small schools designed to enable students to earn both a high school diploma and an Associate’s degree or up to two years of college credit, tuition free.

New Tech Network In Arkansas, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The New Tech Network high school model is a component of Governor Beebe’s 2011 STEM Works Initiative and currently operating in several Arkansas high schools. This policy brief examines the New Tech model, including both its successes and challenges, and spotlights two Arkansas high schools that are using the model.

Brief Of Amici Curiae Food Allergy Research & Education, & Council Of Parent Attorneys And Advocates In Support Of Plaintiff-Appellants And Urging Reversal, T.F., A Minor By His Parents And D.F. And T.S.F., On Their Own Behalf V. Fox Chapel Area School District, Marc Charmatz, Caroline Jackson

Court Briefs

No abstract provided.

Unmuting The Volume: Fisher, Affirmative Action Jurisprudence, And The Legacy Of Racial Silence, Mae Kuykendall, Charles Adside Iii

William & Mary Bill of Rights Journal

As typified by its recent decisions in Fisher v. University of Texas at Austin and Shelby County v. Holder, the Supreme Court’s jurisprudence concerning race has long imposed strict judicial oversight over any use of race for the formulation of public policy. This top-down approach has invited various undesirable outcomes, the most pernicious of which are the endorsement of silence on the subject of race and the delegitimizing of most public deliberations about race by non-Court actors. Consequently, speech within universities and other learning environments regarding race has become a psychologically challenging risk for both students and faculty, who justifiably …

Eating Hot Peppers To Avoid Hiv/Aids: New Challenges To Failing Abstinence-Only Programs, Erica Woebse

William & Mary Journal of Race, Gender, and Social Justice

This Note examines abstinence-only education curricula, including its history, criticisms against it, and the failure of judicial challenges to end its promotion and federal funding. It addresses how abstinence-only education has managed to remain a central means of teaching sexual education, despite its ineffective and controversial nature. Finally, this Note will discuss how abstinence-only education curricula may fall out of favor or be modified with new state and federal requirements that sexual educational curricula be medically accurate. This is demonstrated by the American Academy of Pediatrics v. Clovis Unified School District case in California.

Idea And Alternative Dispute Resolution: A Primer, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

Alternative dispute resolution (ADR) procedures are the cornerstone of the provisions in the Individuals with Disabilities Education Act (IDEA) that mandate the timely resolution of disagreements between parents and school officials.

ADR procedures are in the form of mediation and resolution sessions that are held before culminating in due process hearings. The sessions are designed to be speedier, less costly, and less adversarial than litigation. Subject to infrequent exceptions, disagreements can be subject to judicial review only after parents and education officials have exhausted the administrative remedies under the IDEA. The provisions establish time frames that parties must meet before …

The Influences Of The American Boxer Indemnity Reparations Remissions On Chinese Higher Education, Xiaojuan Zhou

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this study was to consider the influences of the American Boxer Indemnity Reparations Remissions (ABIRR) on Chinese higher education. These remissions were used to establish two universities, to establish the American Boxer Indemnity Scholarship Program (ABISP) to support Chinese students’ studying in America, and to support other higher education- related projects.

This study focused on higher education considering ABISP as an individual case. The ABISP students were selected from all the students who studied in America in the corresponding period in part because of the inconsistencies of research before 1949.

Through tracking 1,152 ABISP students of Type …

East Initiative, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

EAST (Environmental and Spatial Technology) is an educational program developed through the vision of one Arkansas educator in 1996. Since then, EAST programs have been implemented throughout Arkansas and have even expanded into other states. This policy brief describes the EAST model and provides spotlights on schools that are using the model in exemplary ways.

Meet The Candidates: 2014 Arkansas Gubernatorial Race, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Earlier this spring, we at the OEP were fortunate to sit down with three of the candidates vying to become the next Governor of Arkansas. The candidates were generous enough to give us their time and allow us to post the full interviews on YouTube. If you prefer an abridged version, this policy brief summarizes the candidates’ views on a range of important education policy issues. We hope that these interviews will be informative for your vote on May 20th in the party primaries.

Liability Of Universities For Bicycle Use On-Campus: Premises Liability, Affirmative Defenses, And Bike Share Programs, Christopher Bush

The Journal of Law and Education

No abstract provided.

Leveling The Playing Field: Identifying A Quasi-Fiduciary Relationship Between Coaches And Student-Athletes, M. Alexander Russell

The Journal of Law and Education

No abstract provided.

A Response To Severely Discrepant Intervention, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Students' Fourth Amendment Rights Pertaining To Cell Phone Use In Light Of G.C. V. Owensboro Public Schools, Deanna Marie Mulhall

The Journal of Law and Education

No abstract provided.

Education Clauses In Corporate Charters: How Child Welfare Law Confronted The Industrial Revolution, Jeff Lingwall

The Journal of Law and Education

No abstract provided.