Education Law Commons^™

Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn

Fordham Urban Law Journal

Spending on public education is primarily an obligation of state legislature and local school districts in the United States. Legislatures determine not only the amount of education spending, but also how much money is to be given to specific school districts. As a result, there have been growing discrepancies over how much financial assistance one district will have over another, leaving children from poor and fiscally overburdened districts at a disadvantage. This Note focuses on the New York case, Levittown v. Nyquist, as well as the New York funding formula, and ultimately recommends adoption of a school finance system that …

Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner

Seattle University Law Review

The Rowley Court had the opportunity to reverse state erosions of the EHA. Unfortunately, the Court ratified and encouraged such attacks. The Court's educational benefit standard demands as little as Washington's "suitable education" standard. The Rowley Court suggested a way to sidestep the IEP process which is similar to Washington's avoidance method. Finally, the Court eliminated judicial review of state administrative decisions regarding educational standards and the educational programs of handicapped children. The Rowley Court justified this elimination by claiming that parental ardor and participation in the IEP process were sufficient remaining safeguards for handicapped children. However, effective exclusion of …

Mueller V. Allen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Board Of Education Of The Hendrick Hudson Central School District, Westchester County V. Rowley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Developing Law Involving The Teacher's Right To Teach, Frank R. Kemerer, Stephanie Abraham Hirsh

West Virginia Law Review

No abstract provided.

Charlotte's Web: Reflections On The Role Of Due Process In Academic Decisionmaking, Sue Wolf Brenner

Indiana Law Journal

No abstract provided.

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …

Kentucky Law Survey: Education: Teachers’ Rights, Keith Graham Hanley, Robert G. Schwemm

Law Faculty Scholarly Articles

Tenure occupies an important place in the mind of any new teacher. During the past survey year, the Kentucky courts have demonstrated that this status is not only important to teachers generally; it is essential to continued job security. The aegis of tenure provides not only the substance of teachers’ rights but also the procedure used to protect those rights.

Discharged teachers have alleged violations of the 14th amendment of the U.S. Constitution in both its equal protection and due process aspects and violations of the Kentucky constitution. However, in each instance the courts have summarily dismissed these claims, preferring …

Educational Malpractice: When Can Johnny Sue?

Fordham Urban Law Journal

This comment explores three avenues to pursue educational malpractice suits. First, a negligence action for malpractice. Second, a cause of action for negligent misrepresentation. And finally, an action sounding in negligence for breach of statutory duty. Each avenue is explored in detail in terms of the likelihood of success. Importantly, the comment recognizes the inherent difficult of pursuing any education malpractice claim.

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review (1956 - )

No abstract provided.

The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller

Indiana Law Journal

No abstract provided.

New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail

Fordham Urban Law Journal

The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …

Book Review - Urban School Chiefs Under Fire, Donald L. Herdman

Fordham Urban Law Journal

Urban School Chiefs Under Fire, by Larry Cuban, gives life to the study of the urban environment by inviting the readers to meet and experience life with three giants of the public school system, Benjamin Willis (Chicago), Carl Hansen (Washington, D.C.), and Harold Spears (San Francisco). Dr. Cuban's stimulating and well-documented biography of three powerful urban leaders permits readers a rare behind-the-scenes glimpse into the world of these men, and their service during periods of great urban sensitivity to ethnic imbalance and economic decay. Dr. Cuban not only provides personal vignettes of these three men but also engages the reader …

Note: Bilingual Education - A Problem Of "Substantial" Numbers

Fordham Urban Law Journal

This unsigned note argues that the Supreme Court should reexamine the rights of language minority students under 42 U.S.C. §2000d in order to clarify its holding in Lau v. Nichols. In that case, the Court established the right of non-English speaking children to receive compensatory language instruction under that statute. The note analogizes language minority children to handicapped children who the Court has held are entitled to receive a minimal education which is geared toward their needs. Since language minority students may not be able to obtain minimal education without compensatory language instruction, they may be entitled to such instruction.

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Drew Municipal Separate School District V. Andrews, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kentucky Law Survey: Education, Carolyn S. Bratt

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on the topic of education. During the past survey year, the Kentucky Court of Appeals decided several cases in which public education was the common denominator. Developments occurred in the areas of student discipline, merger of first class city-county school districts, and due process requirements for removal of tenured teachers. The most significant case, however, was Dorr v. Fitzer, which involved the authority of a county board of education to reject, without cause, a school superintendent's recommendation that a teacher with four consecutive limited service contracts be granted a continuing …

Defining And Attaining Equal Educational Opportunity In A Pluralistic Society, Ernest Q. Campbell

Vanderbilt Law Review

We in America have never made peace with the concept of pluralism. As a nation, we are fundamentally committed to the ideal of "equal opportunity"; yet, despite our presumably concomitant dedication to the principle that society should accommodate diverse values and goals,we have not conceptualized any means of determining whether equality of opportunity exists except by measuring people on the same scale. We have an appropriate rhetoric for describing equal opportunity--self-actualization, through which each person develops to the fullest extent in those directions that he or she wishes--but we have no institutionalized standards for determining whether realization of potential has …

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

West Virginia Law Review

No abstract provided.

Student Conduct Regulations, Arthur J. Marinelli Jr.

Cleveland State Law Review

The law relating to university students in their relationships with their schools has been undergoing rapid change as students have sought judicial relief when subjected to disciplinary action by universities. The courts have, in recent years, applied constitutional standards in reviewing the action of university officials with respect to the form of student conduct regulations, student expression, and disciplinary proceedings in the tax-supported university. Judicial abstention was once the rule, historically based upon a number of varying theories. Attendance at a university was once regarded as a "privilege," and regulation of student action has been upheld on this theory as …

The Property Tax, Governmental Services, And Equal Protection: A Rational Analysis, Thomas Allen Moon, William D. Moon

Villanova Law Review (1956 - )

No abstract provided.