Education Law Commons^™

An Exploratory Analysis Of Affirmative Action In Admission Processes, Whitney Austin

Dissertations, Theses and Capstone Projects (Full IR Collection)

This paper looks at the current case of Fisher v. University of Texas at Austin in conjunction with previous affirmative action cases. I question what the Court’s decision for the Fisher case will be and what this means for future affirmative action policies in higher education. I pose the question: Is affirmative action still needed today? I use court documents from the current Fisher case and literature on previous cases to help answer this question.

I discussed the Court Justices upbringing and how these will affect their decisions in this case. I examined previous affirmative action cases that some of …

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leving Some Students Behind, Stephanie S. Fitzgerald

Law Student Publications

In four parts, this article focuses on NCLB’s negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act (“IDEA”). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB’s pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

No Accounting For School Vouchers, James G. Dwyer

Faculty Publications

No abstract provided.

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron Saiger

Cardozo Law Review

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters' neoliberal character - they are privately created and managed, and chosen by consumers in a marketplace - makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers …

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …

Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener

Pace Law Review

This paper describes an unusual public-private partnership for real property development not involving typical infrastructure like bridges and roads. It addresses how communities like Mesa manage their way (adopting policies implicating land use and environmental sustainability principles via repurposing of buildings and sharing of additional community assets and “campus” leasing actions) to attract private sector higher education providers to establish a downtown as a node of intellectual stimulation, including cultural diversions. Etching the ivory tower environment into community centers sustains the quality of place. This quality attracts the “creative class,” which forms the core of leadership and entrepreneurship in America’s …

Condorcet Defeated: A Malthusian History Of Affirmative Action From Bakke To Fisher, William J. Bogard

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Shades Of Gray: The Future Of Affirmative Action In Higher Education, Eric Segall, Sarah M. Shalf, Stephen Joel Trachtenberg, Andrea L. Dennis

Working in the Public Interest Conferences

Features prominent academics and experts on affirmative action discussing a variety of issues including the impact of Fisher v. University of Texas.

Is "Different But Equal" The New "Separate But Equal"? Nclb's Single-Sex Schooling Option Signals New Horizons For Some While Challenging Equal Education Convictions For Others , Elaine Ekpo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Clarity: Giving Teeth To The Application Of Federal Disability Laws In Charter Schools, Sarah Wieselthier Esq.

Brigham Young University Education and Law Journal

No abstract provided.

Bamn! The Sixth Circuit Strikes Down Michigan's Proposal 2, J. Kevin Jenkins, Pamela Larde

Brigham Young University Education and Law Journal

No abstract provided.

Defamation Is More Than Just A Tort: A New Constitutional Standard For Internet Student Speech, Reesa Miles

Brigham Young University Education and Law Journal

No abstract provided.

Not Lol: Legal Issues Encountered During One High School's Response To Sexting, R. Stewart Mayers Ph.D., Mike F. Desiderio Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

Applying The "Paradox" Theory: A Law And Policy Analysis Of Collective Bargaining Rights And Teacher Evaluation Reform From Selected States, Mark Paige J.D., Ph.D.

Brigham Young University Education and Law Journal

No abstract provided.

A Survey Of Recent Employment Disputes Of Educators Engaged In Serving English Language Learners, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.

The Ten-Month School Year: Are We Ignoring Educational Research In Order To Preserve Summer Vacation? Finding A Compromise Between Educational Advancement And Over-Schooling, Mary Therese O'Sullivan

Brigham Young University Education and Law Journal

No abstract provided.

Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.

Brigham Young University Education and Law Journal

No abstract provided.

The Illinois Dream Act: A Constitutional Nightmare, William Wojnarowski

Brigham Young University Education and Law Journal

No abstract provided.

Educational Federalism: A New Case For Reduced Federal Involvement In K-12 Education, Aaron Lawson

Brigham Young University Education and Law Journal

No abstract provided.

Defending The Preponderance Of The Evidence Standard In College Adjudications Of Sexual Assault, Amy Chmielewski

Brigham Young University Education and Law Journal

No abstract provided.

To Prevent And To Protect: The Reporting Of Child Abuse By Educators, Jon M. Hogelin

Brigham Young University Education and Law Journal

No abstract provided.

Making Enemies Out Of Educators: The Legal And Social Consequences Of Disclosing New York City Teacher Data Reports, Frank G. Barile

Brigham Young University Education and Law Journal

No abstract provided.

Pulling Back The Curtains: Undetected Child Abuse And The Need For Increased Regulation Of Home Schools In Missouri, Tyler Barnett

Brigham Young University Education and Law Journal

No abstract provided.

The "Race To The Top" And The Inevitable Fall To The Bottom: How The Principles Of The "Campaign For Fiscal Equity" And Economic Integration Can Help Close The Achievement Gap, Cassandra Abbott

Brigham Young University Education and Law Journal

No abstract provided.

Perspectives On Fisher V. University Of Texas And The Strict Scrutiny Standard In The University Admissions Context, Michael Poreda

Brigham Young University Education and Law Journal

No abstract provided.

Criticality And The Pedagogical Reconstruction Of Leadership Standards In An Educational Leadership Classroom, William R. Black, Zorka Karanxha

Educational Leadership and Policy Studies Faculty Publications

The authors describe their attempt to develop students’ critical perspectives on the content and assumptions in the 2008 Florida Principal Leadership Standards (FPLS) through a reflective essay assignment in a class titled Ethics, Equity, and Leadership in Education. The authors conducted textual analysis of 92 student essays (a total of 922 pages) submitted in 5 sections of a class from the summer of 2008 through the spring of 2009. The authors describe ways students analyze knowledge claims in the FPLS in relation to the standards’ considerable silence around issues of ethics and equity, which were central to the class: 1) …

Access To Facilities By Non-School Religious Groups: An Enduring Issue, Charles J. Russo

Educational Leadership Faculty Publications

Among the many duties of school business officials (SBOs), their boards, and other education leaders is establishing policies governing access to district facilities. When disputes over access are litigated, the judiciary walks a fine line, as courts generally grant school officials discretion in defining use policies. However, as discussed below, when it comes to granting access to public school facilities, educators cannot violate the constitutional rights of a group based on the religious content of its speech.

In light of the enduring issue over access to facilities by nonschool religious groups, this column reviews relevant Supreme Court precedent before examining …

Fifth…Or Forty-Ninth? Examining Educational Rankings In Arkansas, Reed Greenwood, Gary W. Ritter

Policy Briefs

Media outlets, as well as many leaders across the state, have recently been trumpeting the Natural State’s fifth-place ranking in the latest release of Education Week’s Quality Counts, which assigns letter grades to every state on a menu of education measures, to suggest that Arkansas schools “rank fifth in the country.” On the other hand, the state received a D on the Student Achievement category of Quality Counts and many Arkansans are accustomed to seeing Arkansas ranked at or near the bottom among all states on measures related to education and economic well-being. For example, on measures of college degree …

It's All About The Power, James Castagnera

Journal of Collective Bargaining in the Academy

No abstract provided.

Quality Counts 2013, Reed Greenwood, 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 17 h annual report - Quality Counts 2013 - was released in January. Overall, Arkansas maintained last year’s ranking of 5 th among the 50 states and earned the highest score of the eight states in the U.S. that received a B- (dropping from a grade of ‘B’ last year). This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report …