Education Law Commons^™

Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks

Cardozo Journal of Equal Rights & Social Justice

The article critiques federal education policies such as No Child Left Behind (NCLB), Common Core, and the Every Student Succeeds Act (ESSA) for failing to address educational inequities, particularly for minority students. It argues that these policies, despite their intentions, have not effectively closed the achievement gap and have often exacerbated existing disparities. The article proposes a new approach emphasizing school choice and improved public transportation to foster socio-economic and racial integration in schools.

The Eleventh Circuit Permits Schools To Submit Unfinished Homework In L.J. Ex Rel. N.N.J. V. School Board Of Broward County By Requiring Only "Material" Implementation Of Ieps For Students With Disabilities, Madeline E. Smith

Villanova Law Review (1956 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Restorative Practices In Baltimore City Schools: Research Updates And Implementation Guide, Open Society Institute-Baltimore, Deborah Thompson Eisenberg, Anastasia W. Smith

C-DRUM Publications

Baltimore City Public Schools (City Schools) and other school districts across the United States are implementing restorative practices (RP) to improve school climate by building meaningful relationships in school communities, reframing school discipline, and supporting student safety, well-being, and success. This transformational approach centers student voice and agency, and enhances students’ engagement and participation in their own learning. The Center for Dispute Resolution at the University of Maryland Francis King Carey School of Law and Open Society Institute – Baltimore (OSI) collaborated to create The Restorative Practices in Baltimore City Public Schools: Research Updates and Implementation Guide. The purpose of …

Race-Conscious Admissions Policies In American Institutions Of Higher Education: How Students For Fair Admissions V. Harvard Could Impact The Practice Of Affirmative Action, Christine Kiracofe

BYU Education & Law Journal

Since inception, affirmative action programs have been char-acterized as everything from institutional ‘reverse’ racism, to neces-sary plans that seek to ameliorate decades of racism. Data from the Pew Research Center indicates that a large majority of Americans support affirmative action. When asked whether “[a]ffirmative ac-tion programs designed to increase the number of black and minori-ty students on college campus are. . . good or bad,” 71% of respond-ents answered “good” in 2017.16 This is a significant increase in the percentage of Americans responding favorably to affirmative action programs. In comparison, when Americans were asked the same question in 2003, just …

"But They're Already Paid": Payments In-Kind, College Athletes, And The Flsa, Sam E. Ehrlich

West Virginia Law Review

No abstract provided.

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

Faculty Publications

Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.

A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …

Statutory Immunity For Educators: An Analysis Of Decisions By The Texas Commissioner Of Education And Texas Appellate Courts After House Bill 4, Melissa Ballou Kates

Electronic Theses and Dissertations

This qualitative legal study explored statutory immunity protection provided to Texas educators under the Texas Education Code §22.0511 and §22.0512. The Texas legislature enacted the statutory immunity provisions as part of House Bill 4 and tort reform in 2003. Researchers have called for more balance when providing immunity protections for educators. The researcher limited the study to Texas Commissioner of Education decisions and Texas appellate court cases. The study utilized a legal framework to determine under what circumstances the rulings of statutory immunity shields educators from liability. The findings in this study provide evidence that Texas educators have more immunity …

Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger

Fordham Law Review Online

Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.

Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman

BYU Education & Law Journal

Our Nation overwhelmingly supports sexual education in public

schools. A study by Siecus found that 98% of people surveyed support

sexual education in public high schools and 89% in public middle

schools. Unfortunately for some students, they will receive no sexual

education of very limited, ineffective sexual education, simply because

of where they live. Even if a student is fortunate to live in an

area which has or requires sexual education, this education may be

insufficient.

There have been countless advocates for sexual education.

With the rise of each new sexual education concern, advocates emerge

as if in waves. Most …

Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook

BYU Education & Law Journal

The topic of this legal analysis is the administration of medical

marijuana to students attending Colorado K-12 public schools.

Colorado has been a pioneer in legalizing the use of marijuana. Beginning

in the year 2000, Colorado voters approved Amendment 20

legalizing the use of marijuana for medical purposes. This law specifically

allows minors to receive a prescription for medical marijuana

under certain conditions. An unintended consequence of this law

is that minors meeting its requirements are requesting, along with

their caregivers and physicians, to have marijuana-based medication

administered to them at schools. The purpose of this legal analysis

is to …

Being A Good College Student: The History Of Good Moral Character Rules In State Financial Aid Programs, 1850 To Now, Bradley Custer

BYU Education & Law Journal

Federal and state governments regulate the character of

their residents as a condition of immigration, employment, social

services, and beyond. At the state level, “good moral character”

rules have been analyzed in depth for decades, mostly as they pertain

to admission to the bar and other licensed professions. Character

requirements also affect the ability of college students to get

state-funded financial aid, but these policies have received no scholarly

analysis. According to this study’s findings, there have been at

least 50 state financial aid grant programs with character rules,

which begs the question: what does it mean to be a …

The Title Ix Paradox, Emily Suski

Faculty Publications

When Christine Blasey Ford explained to the Senate Judiciary Committee why she had not reported her sexual assault at age fifteen, she captured the struggle of many children who must decide whether to make such reports: “For a very long time, I was too afraid and ashamed to tell anyone the details.” Thousands of sexual assaults happen to children in school each year. Title IX, a potentially powerful civil rights law, should protect them. Title IX’s main purpose is to protect individuals from sex discrimination, including in the form of sexual harassment and assault, in public schools. Yet Title IX …

No Safe Spaces: A Distorted Image Of A Clear Problem, Michael Conklin

Pepperdine Law Review

This is a critical analysis of the documentary No Safe Spaces. The movie features comedian Adam Carolla and conservative talk show host Dennis Prager. Depending on the source, the movie is either the most necessary and prescient documentary ever or the most harmful. Unfortunately, the polarizing nature of the reviews largely fall along partisan political lines, with conservatives praising the movie and liberals criticizing it. This partisan result could have likely been minimized if the movie communicated a more bipartisan tone. To further complicate things, the movie does not provide a clear thesis of what it is trying to promote. …

Getting At The Root Instead Of The Branch: Extinguishing The Stereotype Of Black Intellectual Inferiority In American Education, A Long-Ignored Transitional Justice Project, Camille Lamar Campbell

Faculty Scholarship

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Recent Decisions

The Journal of Law and Education

No abstract provided.

Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. …

Toward The End Of School Policing In Texas And Arkansas, Andrew R. Hairston

University of Arkansas at Little Rock Law Review

No abstract provided.

Overcoming Barriers To School Reentry For Youth Leaving Juvenile Justice Facilities, Sarah Beebe, Dustin Rynders

University of Arkansas at Little Rock Law Review

No abstract provided.

Education Law Offerings In Law Schools: An Update, Lauryn P. Ragone, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

What Kentucky Parents Should Know When Choosing A Remedy Under The Individuals With Disabilities Education Act, Kathryn Meador

The Journal of Law and Education

No abstract provided.

Blinded By Science? A Reexamination Of The Bar Ninja And Silver Bullet Bar Program Cryptids, Rory Bahadur

The Journal of Law and Education

No abstract provided.

Funding God's Schools - A Legal Analysis Of Appropriating Public Dollars To Parochial Schools: Does Michigan's Latest Legislation Violate The Separation Of Church And State?, Brett A. Geier

The Journal of Law and Education

No abstract provided.

Commentary

The Journal of Law and Education

No abstract provided.

Homeschooling: A Response To Ahlberg, Howell, And Justice, James G. Dwyer, Shawn F. Peters

Faculty Publications

No abstract provided.

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review Online

No abstract provided.

Access To Educational Publications And The Copyright Law In Tanzania: Revisiting The Underlying Opposing Interests, Saudin J. Mwakaje

Journal of Humanities and Social Sciences

In Tanzania, the right to education is guaranteed under the Constitution. For such a right to be effective, easy access to educational publications is a key factor. However, these publications are a subject of copyright protection; hence users must obtain prior permission before use. The copyright law has provisions for free use or fair use, which is intended to allow certain prescribed uses without prior authorization of the author, such as use for educational purposes. In Tanzania, the enactment of the Copyright and Neighbouring Rights (Licensing of Reproduction and Rental Rights) Regulations in 2014 has presented a new legal dynamic …

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Pace Intellectual Property, Sports & Entertainment Law Forum

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Valuing All Identities Beyond The Schoolhouse Gate: The Case For Inclusivity As A Civic Virtue In K-12, Sacha M. Coupet

Michigan Journal of Gender & Law

Increasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance—for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school—an institution conceived primarily …