Education Law Commons^™

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Ii: The Post-Hearing Stage, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

A recent issue of this journal contained an article that canvassed state laws that added to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The purpose of this follow-up analysis is to supplement the earlier article by canvassing state law provisions specific to the post-hearing stage of IDEA DPHs. The length is relatively brief because (1) the springboard article on the hearing stage provided the detailed foundation, (2) the scope of the post-hearing stage is much more limited, and (3) the previous literature has largely unexplored this stage. Otherwise in accordance with …

School To Students: Post That, And You Won't Play, Ashley Waddoups

BYU Law Review

No abstract provided.

Supporting Our Troops In Higher Education: Veteran Admissions Training Program, Steven Delgado

Master's Theses

An overview of a Veteran Admissions Training Manual for a California State University campus.

Implementing A Uniform Burden Of Proof For Title Ix Coordinators During The Investigation Stage: An Objective And Efficient Approach To Title Ix, Sara Krastins

St. John's Law Review

(Excerpt)

Imagine it is 1972. Congress just enacted Title IX of the Education Amendments, and it is signed into law by President Nixon. For the first time in United States history, legislators recognize sex discrimination as a pervasive issue in educational environments. The law is enacted with the purpose of ending sex discrimination in college sports; for the first few years, that is the only purpose Title IX serves.

Gradually, Title IX expands into the realm of sexual and interpersonal violence on college campuses. Yet despite the law’s expansion, compliance with Title IX is neglected. No entity actively monitors schools’ …

Essay: Cyberbullying And Freedom Of Speech, David L. Hudson Jr.

Law Faculty Scholarship

Part I of this essay examines state cyberbullying laws. These laws vary a lot in terms of language and coverage but this part attempts to group these different state laws into different categories. This section categorizes cyberbullying laws into two main categories—(1) those that treat cyberbullying as a crime and (2) those that address cyberbullying as a violation of a school’s code of conduct. Part II of this essay then addresses court decisions that deal with cyberbullying. Once again, this essay examines the topic from both the perspective of (1) criminal law decisions and (2) school law decisions.

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …

Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, Hannah Walsh

Notre Dame Law Review

This Note argues that in employing the Mathews v. Eldridge test to formulate the constitutional minimum process necessary to satisfy the Fourteenth Amendment in a Title IX university disciplinary hearing, federal courts have failed to adequately weigh the inevitable harm to survivors that will result from allowing one accused of sexual assault to personally cross-examine their accuser as part of the government interest at stake. Furthermore, this Note contends that any institution permitting the practice of respondents cross-examining their complainants commits sex discrimination in violation of Title IX by directly inflicting harm on its female students. Part I will provide …

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

William & Mary Law Review

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos

Michigan Law Review

Review of R. Shep Melnick's The Transformation of Title IX: Regulating Gender Equality in Education.

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

Scholarly Works

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the …

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Maine Law Review

Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of the male …

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …

Internet Architecture And Disability, Blake Reid

Indiana Law Journal

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

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

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …

Flunked Out: A Comparative Look At State Educational Code, Title Vi Of The Civil Rights Act, And Slavery Education, Emory French-Folsom, Maryn Rolfson

Brigham Young University Prelaw Review

In 2017, a mock slave auction was held in a 5th grade classroom at

South Orange Elementary School in New Jersey, which included the

‘sale’ of a black child by white students. A few weeks after this incident,

students from another elementary school in the same district

made posters advertising the sale of African American slaves, which

were displayed in school hallways. Wisconsin 4th graders in 2018

were given a homework assignment which asked them to explain

“three good reasons for slavery.”

Table Of Contents

The Journal of Law and Education

No abstract provided.

Through A Glass Darkly: Eligibility Under The Idea - The Blurry Boundary Of The Special Education Need Prong, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Education - Recent Decisions

The Journal of Law and Education

No abstract provided.

Dear God, Another Kentucky Establishment Clause Case?, Dani Burns

The Journal of Law and Education

No abstract provided.

Should Schools Be Held Liable For Students' Injuries In School Shootings?, Catherine Pierce

The Journal of Law and Education

No abstract provided.

Disaggregation & Diversity: A Case For Race Conscious Admissions, Connor Oniki

Brigham Young University Prelaw Review

Since its founding, people all over the world have looked towards

America as a land of opportunity. Immigrants viewed it as a place

for fresh starts, new beginnings, and equal chances. However, for

centuries, concrete and subtle barriers have slowed the opportunity

for progress for those who are not in the majority. Throughout America’s

beginnings, lawmakers legalized segregation and discrimination

throughout the country multiple times. The Chinese Exclusion

Act prevented Asian Americans from immigrating to the United

States to pursue opportunities. Jim Crow laws enforced racial segregation

and ensured that though African Americans were no longer

enslaved, they did not …

Commentary - Elementary & Secondary Education - Student Work: Articles, Notes, & Comments

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions Recent Decisions

The Journal of Law and Education

No abstract provided.

Elementary & Secondary Education - Recent Decisions

The Journal of Law and Education

No abstract provided.

Drawing The Line: Modifying Justice O'Connor's Ceremonial Deism Test To Determine When References To Religion In Public Schools Violate The Establishment Clause, Brandon K. Wharton

The Journal of Law and Education

No abstract provided.

The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine

Buffalo Law Review

The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …

Understanding Assignments: English, Comparative And Private International Law: Some Possible Implications, Chee Ho Tham

Research Collection Yong Pung How School Of Law

It is not always appreciated that equitable assignment is not “assignment”, the latter being a mode of transfer which involves substitution of the assignee in place of the assignor as obligee to the obligor of the chose in action which has been assigned. This article explains how the “substitutive transfer” conception of equitable assignment is contradicted by well-accepted features of assignment law, and suggests an alternative, non-substitutive account of equitable assignment which provides for a much better “fit”. This article will then suggest some of the implications which may arise from looking at equitable assignment in this non-substitutive manner.