Education Law Commons^™

The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Student Records And Privacy, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Family Educational Rights and Privacy Act (FERPA), which became federal law in 1974, addresses the rights of students and their parents with regard to educational records. The two goals of FERPA are (1) to grant parents and eligible students, typically those over age 18, access to their educational records and (2) to limit the access of outsiders to those records. FERPA, along with the Individuals with Disabilities Education Act (IDEA) and its regulations, also has a significant effect on the delivery of special education for students with disabilities (20 U.S.C. § 1232[g]; 34 C.F.R. § 99.4).

Table Of Contents

The Journal of Law and Education

No abstract provided.

Gay Talk: Protecting Free Speech For Public School Teachers, Stephen Elkind, Peter Kauffman

The Journal of Law and Education

No abstract provided.

Scientifically Supported Identification Of Sld Using Rti: A Response To Colker, Amanda M. Vanderheyden, Joseph F. Kovaleski, Edward S. Shapiro, David T. Painter

The Journal of Law and Education

No abstract provided.

Recent Decisions - Supreme Court Decisions

The Journal of Law and Education

No abstract provided.

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta

Educational Leadership Faculty Publications

As 2012 came to a close, the re-election of President Obama assures the continuation of state waivers to No Child Left Behind (NCLB), the use of student growth modeling to make teacher and administrator employment decisions, and more accountability measures for PK-12 public schools and public and private institutions of higher education. The inexplicable school shootings at Sandy Hook Elementary in Newtown, Connecticut, once again opened the political discussion about school safety. The reauthorization of Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) looms on the horizon. The U.S. Supreme Court has once again ventured into the divisive affirmative …

The Fraudulent Case Against Affirmative Action—The Untold Story Behind Fisher V. University Of Texas, Mark S. Brodin

Buffalo Law Review

No abstract provided.

20 U.S.C. § 1406(B), Brian J. Levy

Buffalo Law Review

No abstract provided.

Special Kids, Special Parents, Special Education, Karen Syma Czapanskiy

University of Michigan Journal of Law Reform

Many parents are raising children whose mental, physical, cognitive, emotional, or developmental issues diminish their capacity to be educated in the same ways as other children. Over six million of these children receive special education services under mandates of the Individuals with Disabilities Education Act, called the IDEA. Once largely excluded from public education, these children are now entitled to a “free appropriate public education,” or FAPE. This Article argues that the promise of the IDEA cannot be realized unless more attention is paid to the child’s parents. Under the IDEA, as in life, the intermediary between the child and …

"Over-Accommodation" In Higher Education: An Ada Sanctioned Injustice Exposed, Elliot Hamlet

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Student Conduct Administrator Knowledge Of The Statistical Reporting Obligations Of The Jeanne Clery Disclosure Of Campus Security Policy And Campus Crime Statistics Act, Michael Matthew Debowes

Educational Leadership & Workforce Development Theses & Dissertations

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act") is a consumer right-to-know law originally passed by Congress in 1900. The law requires colleges and universities receiving federal student aid to publish annually their security-related policies and crime statistics. The law provides for a civil fine up to $35,000 for each act of noncompliance, which can include failure to disclose a single crime statistic.

Student conduct administrators play an important role in classifying crimes, yet the literature is lacking on this population's understanding of the Clery Act. Therefore the purpose of this study …

Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson

Law Faculty Advocacy

Amici curiae respectfully submit this brief in support of Petitioner, Edward Lane, encouraging the reversal of the judgment of the Eleventh Circuit, because the judgment below is inconsistent with both the Court’s general historical approach to public employee speech and the specific approach to such speech that the Court adopted in Garcetti v. Ceballos, 547 U.S. 410 (2006).

Amici are law professors who teach and write about the constitutional rights of public employees and have published a number of scholarly articles on these topics. Amici have no financial stake in the outcome of this case, and in this brief …

I’M The One Making The Money, Now Where’S My Cut? Revisiting The Student-Athlete As An “Employee” Under The National Labor Relations Act, John J. Leppler

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article argues why the National Collegiate Athletic Association’s (NCAA) Big-Time Division I College Football and Men’s Basketball student-athletes are legally “employees” and why these student-athletes are inadequately compensated for their revenue-producing skills.

Part II of this Article sets forth the common law “right of control” test and the National Labor Relation Act’s (NLRA) special statutory test for students in a university setting, and shows how the National Labor Relations Board (NLRB) and the judiciary determine whether a particular person, specifically a university student, meets these standards and is legally an “employee”. Moreover, the NCAA asserts it does not have …

Caught In The Cross-Fire: The Psychological And Emotional Impact Of The Individuals With Disabilities Education Act (Idea) Upon Teachers Of Children With Disabilities, A Therapeutic Jurisprudence Analysis, Richard Peterson

Pace Law Review

The shortage of special education teachers in the United States, and the adverse consequences flowing from factors related to this condition provide a unique opportunity for scholars to study these issues through interdisciplinary research. Educational scholars have typically focused their research on educational practice and institutional policy. Although this scholarship frequently acknowledges the statutory and regulatory foundations of the IDEA, the literature does not generally adopt a legal framework for research purposes. This is not a criticism of educational scholars. It is merely an observation that opportunities exist to study special education teacher issues in a broader context. This Article …

Rethinking Educational Malpractice: Are Educators Rock Stars?, Stijepko Tokic

Brigham Young University Education and Law Journal

No abstract provided.

School Discipline And The Fundamental Right To Education: The Constitutional Inadequacies Of Wisconsin's Expulsion Laws, Maria M. Lewis

Brigham Young University Education and Law Journal

No abstract provided.

Reducing Truancy In Indiana: A Balanced Approach, Andrew E. Skinner

Brigham Young University Education and Law Journal

No abstract provided.

Reversing The Tide: Restoring First Amendment Ideals In America's Schools Through Legislative Protections For Journalism Students And Advisors, Christine Snyder

Brigham Young University Education and Law Journal

No abstract provided.

Transitioning Students With Disabilities Into Higher Education, Christos Kelepouris

Brigham Young University Education and Law Journal

No abstract provided.

Off-Campus Cyberbullying: First Amendment Problems, Parameters, And Proposal, David R. Hostetler

Brigham Young University Education and Law Journal

No abstract provided.

Transcending Equality Versus Adequacy, Joshua Weishart

Law Faculty Scholarship

A debate about whether all children are entitled to an "equal" or an "adequate" education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on.

Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood to require a level of spending sufficient to satisfy some absolute, rather than relative, educational threshold In practice, however, many courts interpreting their states' constitutional …

A Primer On Charter Schools And The Law, Charles J. Russo

Educational Leadership Faculty Publications

The charter school movement began in 1991, when Minnesota enacted the first law authorizing their creation. To date, 41 states plus the District of Columbia and Puerto Rico permit the creation of charter schools, according to the National Charter School Resource Center (n.d.).

Charter schools, public schools of choice, are usually operated as not-for-profit institutions independently or occasionally in conjunction with public organizations, such as colleges and universities. As such, they have generally survived challenges to their constitutionality.

This column provides a primer for education leaders on the legal basics associated with the operations of charter schools. It does not …

Teacher Working Conditions With And Without Collective Bargaining, Clifford B. Donn, Rachel E. Donn, Lloyd Goldberg, Brenda J. Kirby

Nevada Law Journal

No abstract provided.

Members Only: Undocumented Students & In-State Tuition, Angela M. Banks

BYU Law Review

No abstract provided.

A Trade-Off That Becomes A Rip-Off: When Schools Can't Regulate Cyberbullying, Stacie A. Stewart

BYU Law Review

No abstract provided.

Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education, Raija Churchill

Pepperdine Dispute Resolution Law Journal

The article offers information on the evolution, development, and role for peer mediation programs (PMPs) in K-12 education (kindergarden-12th class education), which acts as a dispute resolution tool that provides training to students assisting in mediation of conflicts in their schools in the U.S. It examines the effectiveness of the PMPs' for training students related to achievement of educators' goal to derive safety in the U.S. schools.

Traditional Public School And Charter School Funding In Arkansas (Updated), Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The existence and expansion of charter schools in Arkansas continue to be controversial. Proponents of charters argue that charter schools are unfairly burdened because they do not have access to local property tax revenue. Critics of charters, on the other hand, argue that charter schools pull funding away from traditional public schools. This brief examines the funding of traditional public schools and charter schools across the state and in the particular regions in which most Arkansas charter schools are located.

Youth In The Adult Criminal Justice System, Liz Ryan

Cardozo Law Review

No abstract provided.