Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2971 - 3000 of 6060

Full-Text Articles in Education Law

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap May 2011

Tinker At A Breaking Point: Why The Specter Of Cyberbullying Cannot Excuse Impermissible Public School Regulation Of Off-Campus Student Speech, Allison Belnap

BYU Law Review

No abstract provided.


Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain May 2011

Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain

Cardozo Law Review

No abstract provided.


Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson Apr 2011

Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson

University of Michigan Journal of Law Reform

School district boundary lines play a pivotal role in shaping students' educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism …


Bringing The Harlem Children's Zone To Georgia: Making The Program Work In Small-Town America, Andrea L. Dennis, Tim Johnson, Rasuli Lewis, Robin Shearer Apr 2011

Bringing The Harlem Children's Zone To Georgia: Making The Program Work In Small-Town America, Andrea L. Dennis, Tim Johnson, Rasuli Lewis, Robin Shearer

Working in the Public Interest Conferences

Explains how the Harlem Children's Zone helps students graduate from post-secondary schools despite some legal and political barriers, and explores the program's potential in Athens, Georgia.


The Equal Access Act Requires Equal Access For All: Why The Rowan-Salisbury School System's Policy Against Sex-Based Clubs, Developed To Ban Gay-Straight Alliances, Is Illegal, M. Blake Huffman Apr 2011

The Equal Access Act Requires Equal Access For All: Why The Rowan-Salisbury School System's Policy Against Sex-Based Clubs, Developed To Ban Gay-Straight Alliances, Is Illegal, M. Blake Huffman

North Carolina Central Law Review

No abstract provided.


Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff Apr 2011

Terms Matter: Reflections On The Wyoming Debate Over The Teachers’ “Union” And Teacher “Tenure”, Michael C. Duff

All Faculty Scholarship

Invariably, in Wyoming, as in other states, the educational debate swirls around two topics: the extent to which school teachers’ unions influence educational policy, and the related, but distinct, question of whether teachers are unreasonably entrenched in their jobs through systems of “tenure.” These questions in turn are closely intertwined with the broader national debate over public employee unionism. In Wyoming, however, the broader debate is not at issue, a fact that will be revealed in this article through close scrutiny of the terms “union” and “tenure.”


Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace Apr 2011

Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace

Indiana Law Journal

No abstract provided.


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo Apr 2011

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …


Courthouses Vs. Statehouses?, William S. Koski Apr 2011

Courthouses Vs. Statehouses?, William S. Koski

Michigan Law Review

Just over twenty years ago, the Kentucky Supreme Court declared the commonwealth's primary and secondary public-education finance system-indeed, the entire system of primary and secondary public education in Kentucky-unconstitutional under the "common schools" clause of the education article in Kentucky's constitution. That case has been widely cited as having ushered in the "adequacy" movement in school-finance litigation and reform, in which those challenging state school-funding schemes argue that the state has failed to ensure that students are provided an adequate education guaranteed by their state constitutions. Since the Rose decision in Kentucky, some thirty-three school-finance lawsuits have reached final decisions …


Act 35, New School Performance Ratings, And School Choice, Nathan C. Jensen, Gary W. Ritter Mar 2011

Act 35, New School Performance Ratings, And School Choice, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Act 35 was a product of the Lakeview v Huckabee case and the related Extraordinary Legislative Session. The law § 6-15-2101 of the Arkansas code required the establishment of three school ratings: a rating of the school’s current academic performance (or status), a rating of the school’s academic improvement (see the OEP policy brief on the new improvement rating) 1 , and a rating based on the school’s fiscal practices. The first set of improvement scores were reported based on the standardized tests administered in spring of 2007 and 2008. The first ratings based on current academic performance are to …


The Case For Extended School Time In Arkansas, Nathan C. Jensen, Gary W. Ritter Mar 2011

The Case For Extended School Time In Arkansas, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

There is growing discussion over the topic of extended learning opportunities throughout the state. For example, this past fall at the OEP conference in November, Arkansas Associctaion of Educational Administrators Director Richard Abernathy stated that additional instructional time may be needed in order to fulfill all the curricular requirements for schools. Citing the need for additional enrichment opportunities, a bill is making its way through the Arkansas Legislature to provide funding for after school and summer school programs. Additionally, and potentially of more consequence, is a bill sponsored by Senator David Johnson (D) of Little Rock to expand learning time …


The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera Mar 2011

The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera

Pace Law Review

No abstract provided.


Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler Mar 2011

Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler

Pace Law Review

No abstract provided.


Big Changes In How Students Are Tested, Nathan C. Jensen, Gary W. Ritter Mar 2011

Big Changes In How Students Are Tested, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

For the past decade, school accountability has relied on tests for which the essential format has remained unchanged. Educators are familiar with the yearly testing routine: schools are given curriculum frameworks, teachers use the frameworks to guide instruction, students take one big test at year’s end which relies heavily upon multiple-choice bubble items, and then school leaders wait anxiously to find out whether enough of their students scored at or above proficiency to meet state standards. All this will change with the adoption of Common Core standards. Testing and accountability aren’t going away. Instead, they are developing and expanding in …


Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin Mar 2011

Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.


Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon Mar 2011

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Brigham Young University Education and Law Journal

No abstract provided.


Recognition Of Same-Sex Marriage And Public Schools: Implications, Challenges, And Opportunities, Allison Fetter-Harrott Mar 2011

Recognition Of Same-Sex Marriage And Public Schools: Implications, Challenges, And Opportunities, Allison Fetter-Harrott

Brigham Young University Education and Law Journal

No abstract provided.


Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker Mar 2011

Helping Students Who Can't Help Themselves: Special Education And The Deliberate Indifference Standard For Title Ix Peer Sexual Harassment, Annette Thacker

Brigham Young University Education and Law Journal

No abstract provided.


Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd Mar 2011

Same-Sex Marriage And The Schools: Potential Impact On Children Via Sexuality Education, A. Dean Byrd

Brigham Young University Education and Law Journal

No abstract provided.


Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo Mar 2011

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


Parents, Religious Convictions, And Public School Curricula, Mark Strasser Mar 2011

Parents, Religious Convictions, And Public School Curricula, Mark Strasser

Brigham Young University Education and Law Journal

No abstract provided.


The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle Mar 2011

The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle

Brigham Young University Education and Law Journal

One of the most contentious issues to arise in public policy debates concerning the legalization of same-sex marriage is whether legalizing same-sex marriage has a significant detrimental impact on education, particularly public education. However, legal scholarly and professional consideration of this issue is scarce and one sided. This article reviews the evidence that legalizing same-sex marriage has had a serious, profoundly controversial, and arguably detrimental impact on public education. It then explains why legalization of same-sex marriage must have some impact on educational curriculum. When the meaning of marriage changes it must be reflected in the curriculum that covers that …


Same-Sex Marriage And The Public School Curriculum: Can Parents Opt Their Children Out Of Curricular Discussions About Sexual Orientation And Same-Sex Marriage?, Kevin Rogers, Richard Fossey Mar 2011

Same-Sex Marriage And The Public School Curriculum: Can Parents Opt Their Children Out Of Curricular Discussions About Sexual Orientation And Same-Sex Marriage?, Kevin Rogers, Richard Fossey

Brigham Young University Education and Law Journal

No abstract provided.


Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit Mar 2011

Underneath The Radar: The Impact Of Same-Sex Sexuality And Secularism On Education In South Africa, Marius H. Smit

Brigham Young University Education and Law Journal

No abstract provided.


Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller Mar 2011

Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller

Brigham Young University Education and Law Journal

No abstract provided.


New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard Mar 2011

New Jersey V. T.L.O.: School Searches And The Applicability Of The Exclusionary Rule In Juvenile Delinquency And Criminal Proceedings, Bryan Stoddard

Brigham Young University Education and Law Journal

No abstract provided.


The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro Mar 2011

The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro

Brigham Young University Education and Law Journal

No abstract provided.


Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson Mar 2011

Examining Context In The Conflict Over Same-Sex Marriage And Education: The Relevance Of Substance, Process And The People Involved, Richard Peterson

Brigham Young University Education and Law Journal

No abstract provided.


Same-Sex Marriage And Education: Implications For Schools, Students, And Parents, E. Vance Randall Mar 2011

Same-Sex Marriage And Education: Implications For Schools, Students, And Parents, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.


Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers Mar 2011

Same-Sex Marriage, Education, And Parental Rights, Richard S. Myers

Brigham Young University Education and Law Journal

No abstract provided.