Education Law Commons^™

Balancing Prevention And Liability: The Use Of Waiver To Limit University Liability For Student Suicide, Brittney Kern

Brigham Young University Education and Law Journal

No abstract provided.

Church-State Entanglement At Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr

Brigham Young University Education and Law Journal

Several urban archdioceses across the U.S. have closed their Catholic schools and subsequently permitted charter schools to open in their places. This Article describes the possible church-state entanglement issues that arise at schools like these. We reviewed eighty-five relevant cases and found only seven cases involving existing or proposed religiously affiliated charter schools. While generalizations are difficult to draw from this small sample, trends and inferences inform the emerging research. Five of the cases arose when schools were connected with a particular religious organization, such as a church. The lawsuits alleged both explicit and implicit religious entanglement. Our analysis also …

Bullying Issues Impacting Students With Disabilities: Highlights Of Section 1983, Title Ix, Section 504, Ada, And Idea Cases, Cynthia A. Dieterich, Nicole Diradio Snyder, Christine Villani

Brigham Young University Education and Law Journal

No abstract provided.

Restructuring The Modern Education System In The United States: A Look At The Value Of Compulsory Education Laws, Chelsea Lauren Chicosky

Brigham Young University Education and Law Journal

No abstract provided.

Corporate-School Partnerships And Neoliberal Influences On Students As Future Participants In The Labor Market, Adriane Kayoko Peralta

Brigham Young University Education and Law Journal

No abstract provided.

The Misapplication Of Garcetti In Higher Education, Matthew Jay Hertzog

Brigham Young University Education and Law Journal

No abstract provided.

Unpaid Internships: Free Labor Or Valuable Learning Experience, Robert J. Tepper, Matthew P. Holt

Brigham Young University Education and Law Journal

No abstract provided.

Indian Education: Maintaining Tribal Sovereignty Through Native American Culture And Language Preservation, Nizhone Meza

Brigham Young University Education and Law Journal

No abstract provided.

Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

"Friending" Students On Social Media, Charles J. Russo

Educational Leadership Faculty Publications

The use of social media, particularly services such as Facebook and Twitter, has grown exponentially in recent years. Yet to date, relatively little litigation has arisen around the issue of teachers and other educators engaging in questionable or inappropriate use of social media when communicating with students. Even so, parental complaints do arise when teachers share inappropriate communications with students through social media. Consequently, as social networking continues to increase, school business officials and other education leaders should devise policies to help deal with this growing trend.

Given the widespread use of social media, this column examines emerging legal questions …

Education Rights And Wrongs: Publicly Funded Vouchers, State Constitutions, And Education Death Spirals, Michael Heise

Cornell Law Faculty Publications

A response to Julie F. Mead, The Right to an Education or the Right to Shop for Schooling: Examining Voucher Programs in Relation to State Constitutional Guarantees, 42 FORDHAM URB. L.J. 703 (2015).

Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Whose Best Interest Is It Anyway?: School Administrators' Liability For Student Injury In Virginia, Alison Landry

Catholic University Law Review

In 2012 the Supreme Court of Virginia declined to recognize a special relationship between a school’s vice principal and the school’s students. Without the third person liability that accompanies special relationships, a vice principal is allowed to put student safety at the bottom of his to-do list. This Note analyzes why the Supreme Court of Virginia’s decision in Burns v. Gagnon should have found that a special relationship existed between a vice principal and his students. Declining to recognize this special relationship has left school administrators with little risk of liability for a student’s harm. This Note discusses the few …

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Catholic University Law Review

Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic …

Impacts Of Public School Choice Act Of 2013, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The Public School Choice Act of 2013 (Act 1227) allows students to transfer to a nonresident district. Previous school choice law restrictions based on race, were removed in the new law. As a result, concerns have been raised about the possible negative impacts of choice on districts’ racial balance. This brief addresses these concerns by examining the impact of the Public School Choice Act of 2013 on district enrollment and racial integration.

Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the …

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

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

No abstract provided.

Special-Education Law In Mexico And The United States, Charles J. Russo, Ricardo Lozano

Educational Leadership Faculty Publications

The challenges of meeting the requirements of students with special needs under the Individuals with Disabilities Education Act and other laws are a particularly timely topic, as large numbers of native Spanish-speaking students move into the United States.

Against that backdrop, this article reviews the laws for special education in Mexico and the United States. The focus on the laws in Mexico stems from the fact that many students cross the border daily to attend public schools in the United States, and because Mexico has many laws in place dealing with special education. We offer school district leaders a comparative …

Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson

Northwestern University Law Review

Around this country, courts have found that the discharge of public school teachers for their classroom speech does not implicate the First Amendment. Others have protected this speech, but only by importing analytical approaches from other areas of law ill suited to the unique interests at play in America’s public schools. The resulting patchwork of doctrinal approaches provides little clarity for courts and only illusory protection for teachers. This Note will start from scratch, examining the first principles at play in public school classrooms and tailoring a First Amendment approach to respect the needs of government, teachers, and students. When …

Quality Counts 2015, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 19 th annual report - Quality Counts 2015 - was released in January. Overall, Arkansas received an grade of C– and was ranked 36th among the 50 states. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.

Opposing Viewpoints: Preparing Students, Teachers, And The Community For School Shootings: Saving Lives With Active Shooter Simulations, Michael Gubiotti

Children's Legal Rights Journal

No abstract provided.

Silver Linings Casebook: How Vergara’S Backers May Lose By Winning, Kevin G. Welner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik

Michigan Journal of Gender & Law

Until three years ago, a policy at Delhi Charter School in Louisiana required that any pregnant student be effectively expelled. A pregnant sixteen-year-old student’s expulsion caught the attention of national media in 2012. The ACLU sued and the school quickly rescinded the policy. Although the policy was revoked, the un-adjudicated nature of the resolution leaves teen girls at the school and nationwide without any final court order to protect them against the (re)enactment of similar discriminatory policies. This Article analyzes the Delhi Charter School policy in order to make three related arguments. First, the Court should adopt a rebuttable presumption …

School Shooting Simulations: At What Point Does Preparation Become More Harmful Than Helpful?, Lauren Rygg

Children's Legal Rights Journal

No abstract provided.

The Strained Dynamic Of The Least Restrictive Environment Concept In The Idea, Bonnie Spiro Schinagle, Marilyn J. Bartlett

Children's Legal Rights Journal

No abstract provided.

Around The World: America Ahead Of The Curve With Discussion Around Least Restrictive Environment: Education Rights For Children With Disabilities Around The World, Elise Harmening

Children's Legal Rights Journal

No abstract provided.

Spotlight On: School Violence Prevention, Paige Steffen

Children's Legal Rights Journal

No abstract provided.

Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston

UIC Law Review

This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.