Education Law Commons^™

Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1, a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, Parents Involved was the latest chapter in the Court's almost 40-year history of reaching mixed results in such far-reaching areas involving race-conscious remedies as admissions to higher education, employment in the general workforce and in education, minority set aside programs, and voting rights. In light of the impact that Supreme Court cases on race-conscious remedies have in education, particularly in urban settings, this article first reviews …

Intelligent Design And Tort Law: Partners In A Unified Theory Of Causation, Barbara Mouly

Faculty Publications and Presentations

No abstract provided.

Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how …

The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas

Parameters of Law in Student Affairs and Higher Education (CNS 670)

For professionals in higher education, it is our responsibility to stay on top of the ever changing landscape of technology at our colleges and universities. In order to provide the best and most convenient services, it is our objective to continue to expand the walls of higher education into the global boundaries of technology. For the purpose of this paper, the Ginsburg Group has focused on five different areas regarding the use of technology. In these areas, the information provided is our thoughts and best advice in how institutions of higher learning can avoid the courtroom. The following pages will …

The Abcs Of Crisis Management: How To Stay Out Of Court, Lorna Hollowell, Kendra Leveridge, Andrew Rash, Robin Rathje, Gary Wiser

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Advice about Crisis Management is what this handbook is all about. We have comprised a handbook to hopefully help you stay out of court. We call it the ABC’s of CRISIS MANAGEMENT. Since it is imperative that one must advise properly, there is a need to have the skill of knowing what type of advice one renders. The key explanation of these types of advice lies in the audience or recipients of the advice. Our goal is to keep you out of court throughout a crisis.

Sticks, Stones, And School Yard Bullies: Restorative Justice, Mediation And A New Approach To Conflict Resolution In Our Schools, Leah M. Christensen

Nevada Law Journal

No abstract provided.

Tinker And Viewpoint Discrimination, John E. Taylor

Law Faculty Scholarship

No abstract provided.

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Monopoly Pricing On Campus: New York's Textbook Access Act, Gary Minda

Pace Law Review

No abstract provided.

English Learners In Boston Public Schools: Enrollment And Educational Outcomes Of Native Spanish Speakers, Miren Uriarte, Nicole Lavan, Nicole Agusti, Faye Karp

Gastón Institute Publications

In November 2002, the voters of Massachusetts approved Referendum Question 2. This referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts. In its place came a radically different policy called Sheltered English Immersion (SEI). Unlike TBE, which relies on the English learners’ own language to facilitate the learning of academic subjects as they master English, SEI programs rely on the use of simple English in the classroom to impart academic content; teachers use students’ native language only to assist them in completing tasks or to answer a question. …

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes Of Native Speakers Of Cape Verdean Creole, Chinese Dialects, Haitian Creole, Spanish, And Vietnamese, Miren Uriarte, Nicole Lavan, Nicole Agusti, Mandira Kala, Faye Karp, Peter Nien-Chu Kiang, Lusa Lo, Rosann Tung, Cassandra Villari

Gastón Institute Publications

This study focuses on the academic experience of English Learners (ELs) in Boston’s public schools in the year before and in the three years following the implementation of Referendum Question 2. In 2002, this referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts public schools, replacing it with Sheltered English Immersion (SEI). Specifically, this report focuses on the enrollment and academic outcomes of the five largest groups of native speakers of languages other than English in the Boston Public Schools: speakers of Spanish, Chinese dialects, Vietnamese, Haitian Creole, …

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes, Ay2003-Ay2006 Final Report, Rosann Tung, Miren Uriarte, Virginia Diez, Nicole Lavan, Nicole Agusti, Faye Karp, Tatjana Meschede

Gastón Institute Publications

In 2002, Massachusetts voters approved a referendum against the continuance of Transitional Bilingual Education (TBE) as a method of instruction for English language learners. The study undertaken by the Mauricio Gaston Institute at UMass Boston in collaboration with the Center for Collaborative Education in Boston finds that, in the three years following the implementation of Question 2 in the Boston Public Schools, the identification of students of limited English proficiency declined as did the enrollment in programs for English; the enrollment of English Learners in substantially separate Special Education programs more than doubled; and service options for English Learners narrowed. …

Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth

UNLV Magazine

No abstract provided.

When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz

Faculty Scholarship

Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Cornell Law Faculty Working Papers

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …

Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen

Brigham Young University Education and Law Journal

No abstract provided.

Desegregating Resegregation Efforts: Providing All Students Opportunities To Excel In Advanced Mathematics Courses, Spencer C. Weiler, Susan Walker

Brigham Young University Education and Law Journal

No abstract provided.

Nervous Laughter And The High Cost Of Equality: Renewing "No Child Left Behind" Will Safeguard A Vibrant Federalism And A Path Toward Educational Excellence, Anthony Consiglio

Brigham Young University Education and Law Journal

No abstract provided.

Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen

Brigham Young University Education and Law Journal

No abstract provided.

Affirmative Action Gone Haywire: Why State Laws Granting College Tuition Prefernces To Illegal Aliens Are Preempted By Federal Law, Ralph W. Kasarda

Brigham Young University Education and Law Journal

No abstract provided.

Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston

Brigham Young University Education and Law Journal

No abstract provided.

Student Speech In Public Schools: A Comprehensive Analytical Framework Based On The Role Of Public Schools In Democratic Education, Curtis G. Bentley

Brigham Young University Education and Law Journal

No abstract provided.

Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed

Brigham Young University Education and Law Journal

No abstract provided.

Morals Clauses For Educators In Secondary And Postsecondary Schools: Legal Applications And Constitutional Concerns, Marka B. Fleming, Amanda Harmon-Cooley, Gwendolyn Mcfadden-Wade

Brigham Young University Education and Law Journal

No abstract provided.

The Rights Of Parentally-Placed Private School Students Under The Individuals With Disabilities Education Improvement Act Of 2004 And The Need For Legislative Reform, Lewis M. Wasserman

Brigham Young University Education and Law Journal

No abstract provided.

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.

Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald

Washington and Lee Law Review

Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …

Inside Unlv, Diane Russell, Shane Bevell, Mamie Peers, Michelle Mouton

Inside UNLV

No abstract provided.

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Educational Studies, Research, and Technology Department Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …

Participatory Lawyering & The Ivory Tower: Conducting A Forensic Law Audit In The Aftermath Of Virginia Tech, Susan P. Stuart

Law Faculty Publications

The tragic events at Virginia Tech in 2007 sent a cold wind blowing through the halls of higher education institutions: a Virginia Tech student, who had fallen through the cracks of the school's mental health services and disciplinary procedures, armed himself with firearms and murdered thirty-two students and a professor before committing suicide. In the wake of that massacre, several states and individual interest groups issued reports on campus readiness for similar catastrophes. A consistent theme throughout those reports emphasized the necessity for individual institutions to review their procedures to deal with campus violence.

This Article focuses on that institutional …