Education Law Commons^™

An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol

Washington and Lee Law Review Online

To say that the student loan debt crisis is out of control is a massive understatement. Although solutions such as Public Service Loan Forgiveness and the recent temporary payment/interest rate freeze have provided some relief for borrowers, more can be done. Of course, as with any large outlay of taxpayer dollars, opposition is sure to be heated. Given the current political climate, the likelihood of any legislative fixes seems unlikely.

But what if there was an administrative solution that could do more to address this crisis without the cost of the legislative process? This essay proposes such a solution. It …

Family | Home | School, Latoya Baldwin Clark

Northwestern University Law Review

The state grants residents who live within a school district’s border an ownership interest in that district’s schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after districts and schools, establishing a child’s bona fide residence may be highly contested.

In this Essay, I show that education law, policies, and practices fail to recognize a child’s residence when the child’s family and living situation do not comport with a particular ideal of family life. …

Cut Athletes' Injunction Hail Mary: Covid-19 And The Unveiling Of Title Ix Noncompliance In Collegiate Sports, Elizabeth Kletsel

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Beyond Bostock: Title Ix Protections For Transgender Athletes, Joseph Brucker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

High School Coaches Call A Foul: Important Considerations For High School Coaches Considering A Defamation Claim, Mallory Shumaker

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Call To The Bullpen: Saving High School Student Athlete Name, Image, And Likeness Rights, Francesca Casalino

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Watercooler Is Safer Than The Schoolyard: Lower Courts Dismissal Of Peer Sexual Harassment Under Title Ix Is Especially Failing Our Students In The “#Metoo” World, Christine Tamer

St. John's Law Review

(Excerpt)

While the term #MeToo was first coined in 2006, the movement came to the forefront of American life in October 2017 when actress Alyssa Milano tweeted, “if you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” Since then, the #MeToo movement has exposed the fact that sexual harassment remains all too common and has pushed for change in the legal procedures that have failed victims. In the #MeToo world, sexual harassment is “finally getting the public attention it has long deserved” and the public has come together to deem it—in one word—unacceptable.

While …

Review Of: The Amish Incident: Rural Conflict And Compromise And The Amish Incident: Wisconsin V. Yoder—Kelly Rundle And Tammy Rundle, Jewel Yoder Kuhns

Journal of Amish and Plain Anabaptist Studies

Award-winning documentary filmmakers Kelly and Tammy Rundle have created two short films focusing on historical conflicts over parochial Amish education in Wisconsin and Iowa. Their first film, The Amish Incident: Rural Conflict and Compromise, released in 2019, follows the rising controversy in rural Buchanan County, Iowa, from the bitterly contested 1961 vote to merge two school districts in neighboring towns Oelwein and Hazleton to the dramatic 1965 “incident” when education officials tried to forcibly transport Amish students to the local public school. The second film, The Amish Incident: Wisconsin v. Yoder, released in 2021, picks up the story …

Symposium Review: Amish And Old Order Mennonite Schools: A Concise History—Joseph Stoll; And The School By The Cornfield—Samuel Coon, Jewel Yoder Kuhns, Daniel L. Yoder

Journal of Amish and Plain Anabaptist Studies

Joseph Stoll, in Amish and Old Order Mennonite Schools: A Concise History, and Samuel Coon, in The School by the Cornfield, provide two very different perspectives on the struggle to establish Anabaptist schools. The books contrast primarily in their geographic and chronological scope. However, both write about parochial schools with a voice sympathetic to the vision of Amish and Mennonite school founders. They use similar sources, drawing on newspaper accounts, published Amish schools’ histories, and Amish and Mennonite periodicals, as well as personal recollections from individuals involved in school conflicts. [First paragraph.]

The Ramifications Of Wisconsin V. Yoder: Six Foundational Problems With A 50-Year Old Landmark Case, Torah Bontrager

Journal of Amish and Plain Anabaptist Studies

My essay introduces the 1972 United States Supreme Court case Wisconsin v. Yoder to readers who don’t come from a legal background who want to understand the negative ramifications of the case and how it affects their individual rights. Yoder says that children of practicing Amish don’t have a right to any education and future other than one inside the Amish Church. My essay deconstructs the case from the perspective of an Amish American woman— yours truly — who escaped in the middle of the night at age 15 because of how this ruling has shaped the Amish people. I …

The Gravamen Of Wisconsin V. Yoder At Fifty, 1972-2022, Benjamin King

Journal of Amish and Plain Anabaptist Studies

After an arduous journey of more than four years that Wallace Miller, Jonas Yoder, and Adin Yutzy began in New Glarus, WI, the U.S. Supreme Court handed down its landmark decision in Wisconsin v. Yoder , 406 U.S. 205 on May 15, 1972. In affirming the Supreme Court of Wisconsin’s decision reversing the convictions of Miller, Yoder, and Yutzy (Respondents) for violating the compulsory school attendance statute, the U.S. Supreme Court found that enforcement of the statute violated the Respondents’ rights pursuant to the free exercise of religion clause conferred by the First Amendment and made applicable to the states …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.

Where Do We Draw The Line? The Deliberate Indifference Standard And Why Vulnerability To Sexual Harassment Matters In Title Ix Liability, Laëtitia Krisel

Cardozo Law Review

No abstract provided.

Brief Of Legal Scholars Defending Race-Conscious Admissions As Amici Curiae In Support Of Respondents, Sffa V. Harvard (20-1199) And Sffa V. University Of North Carolina At Chapel Hill (21-707), Jonathan Feingold, Vinay Harpalani

Faculty Scholarship

Legal Scholars Defending Race-Conscious Admissions uplift two underappreciated dynamics in the subject litigation challenging race-conscious admissions at Harvard and UNC:

1) Petitioner Students for Fair Admissions (“SFFA”) conflates two discrete claims against Harvard: (a) an intentional discrimination (or “negative action”) claim alleging that anti-Asian bias benefits white applicants and (b) a standard affirmative action challenge. SFFA blurs these claims to scapegoat and stigmatize affirmative action as a practice that pits Asian Americans against other students of color. Yet, SFFA belies its own narrative. According to SFFA’s own expert, anti-Asian bias—to the extent it exists—is caused by "colorblind" components of the …

Strategies Used In Translating The Fantastic Events In Venus Dari Kota Ille, Ria Rizkya, Arif Budiman

International Review of Humanities Studies

The fantastic (le fantastique) is a literary genre that originated from France, which has a specific characteristic of an ambiguous event that cannot be found in other literary works from other countries that introduce similar genres. This study discusses the translation strategies used to translate these fantastic events in Venus dari Kota Ille, the Indonesian translation version of the fantastic story of La Vénus d'Ille by Mérimée (1837). The objective of this research is to see what strategies the translator use in translating the fantastic events that are present in the French version that contained uncanny elements and whether these …

The Missing Piece Of The Puzzle: The Intersection Of Race And Special Education, Tsega Zewdneh Shiferaw

University of the District of Columbia Law Review

The privileges allotted to Americans cannot be compared to any other country’s citizens. Americans have the liberty of saying what they want, thinking what they want, and acting freely in public. Nebiyat Shiferaw (“Nebiyat”) is a thirty-year-old African American man who is unable to speak and live independently because he has autism, also known as autism spectrum disorder (“ASD”). Nebiyat does not experience the same liberties as most Americans; he has gone through special education programs and has overcome discrimination, not because of the Individuals with Disabilities Education Act (“IDEA”), but because of his parents advocating for him. As a …

Remote Learning - The Future Of Education: Effective Instructional Strategies Used By Parent Educators And Recommendations For Building Capacity, Raelene Ferguson Haugen

Dissertations

Purpose: The purpose of this mixed methods Delphi study was to identify the remote learning instructional strategies used by expert Southern California parent educators for implementing the anticipatory set, modeling, checking for understanding, and guided practice elements of Madeline Cheek Hunter’s Instructional Theory Into Practice (ITIP) framework. The study sought to identify how expert Southern California parent educators rated the effectiveness of the remote learning instructional strategies in the aforementioned elements of Hunter’s ITIP framework. Additionally, the purpose was to generate recommendations from expert Southern California parent educators to build capacity in the identified effective instructional strategies.

Methodology: The classical …

Afterword: Latcrit At Twenty-Five And Beyond, Part Ii - Challenges And/As Opportunities: Centering "Hybridized" Advocacy Projects In Antisubordination Praxis To Connect Campuses And Communities For Material Long-Term Progress, Francisco Valdes, Steven W. Bender, Jennifer J. Hill

Articles

No abstract provided.

Examining California’S Title 22 Community Care Licensing Regulations: The Impact On Inclusive Preschool Settings, Aja Mckee, Audri Sandoval Gomez, Sardis Susana Rodriguez, Janice Myck-Wayne, Scott Turner, Markus Trujillo

Education Faculty Articles and Research

Access to general education preschool in California has varied for children with disabilities. One reason for the disparity of educational placement is the preschool regulations outlined in California Department of Education’s Title 22: Community Care Licensing guidelines. These regulations, particularly in preschool, support or hinder preschool inclusion. Examining the preschool section of Title 22 through document analysis resulted in identifying three major themes that embrace or deter inclusive practices: (a) language (i.e., supportive language, antiquated language, and ambiguous language); (b) training, experience, and education; and (c) staff-student ratio. California’s educational leaders should consider these results to provide opportunities for preschool …

Brief Of Amicus Curiae Edchoice Kentucky In Support Of Appellants, Philip D. Williamson, John A. Meiser

Court Briefs

No. 2021-SC-0522
McNeary v. Council for Better Education, Inc.

Appeal from Franklin County Circuit Court Hon. Phillip Shepherd Civil Action No. 21-CI-00461

From the Purpose of Brief & Introduction

For these reasons, Kentucky has given more families the opportunity to have their children attend the school—public or private—that best suits their needs. That opportunity should not be denied based on the erroneous decision of the court below or because of equally erroneous concerns that educational choice is somehow a reform to be feared.

Keep The Local Control, Federalize Teacher Prep: Finland's Model Makes The Case For A Nationalized Teacher Certification Program, Audry E. Thompson

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Forbidden Forests: Negotiating Censorship In Children's And Young Adult Literature During A New Era Of Conservatism In 2022 And Beyond, Avila Hendricks

Title III Professional Development Reports

Harambee! In Swahili, “Harambee” means “All pull together!” The impetus for this report grew out of a unifying discussion with other 2022 Children's Literature Association (ChLA) conference attendees.These discussions led to the decision to “pull together” against the rise of “extreme” conservatism and the increase of banned books across the United States.

This report offers insight into some of the issues surrounding the increase in censorship in children's and young adult literature. It includes a brief review of the recently scrutinized book, Dear Martin by Nic Stone, and it concludes with some recommendations for negotiating censorship in conservative communities.

The Effects Of “No Pro Homo” Policies On Lgbtq+ Perceptions In The American South, Isabella L. Brocato

Honors Theses

Five states in the American South currently have “no pro homo” policies in place, while an increasing number of bills targeting discussions about sexuality and gender identity in public schools are being introduced to House floors around the country. Although there is extensive research on the ways in which these policies put the physical and mental well-being of LGBTQ+ students at risk, there is little to no research about how they shape public perceptions of the LGBTQ+ community collectively. With inspiration from Kenneth and Mamie Clark’s social science study cited in Brown v. Board of Education (1954), this study works …

Inconsistency At The Pole: Exotic Dancer's Employment Status Should Be Uniform Throughout The U.S., T.J.D. Nadas

Journal of Law and Health

As states start to recognize exotic dancers as employees under Fair Labor Standards Act (FLSA), states that have not yet classified exotic dancers as employees have put club owners in danger of costly litigation for violating the FLSA. Thus, this Note is designed to act as a road map for club owners and state legislators to recognize exotic dancers as employees in compliance with the FLSA and provide insight into how to avoid litigation. This Note analyzes this issue in four parts; Part IV, the analysis, is split into four substantial sections. Part I gives a short summary of the …

Micro-Mediation: A New First Step On The Mixed-Mode Alternative Dispute Resolution Ladder In Higher Education, Joseph C. Alfe

Pepperdine Dispute Resolution Law Journal

Higher education is fraught with disputes on both a macro and micro level. In a broad sense, institutions of higher education serve as a focal point for many disparate cultures, economic strata, ages, genders, races, ideologies, and other societal influences, and concentrates them within an insular community. Such an amalgamation of humanity is bound to produce conflicts of all kinds. These disputes can range from the elementary to the criminal. Title IX of the Educational Amendments of 1972 governs disputes rising to the level of sexual harassment or discrimination and are updated by periodic agency updates disseminated through “dear colleague” …

Interns And Institutions: Interactions Between Unpaid Interns And Public Policy, Hannah G. Waterman

Honors Projects

Political, and especially Congressional, internships are all but mandatory to launch a career in politics. This text examines the demographics of how these internships are dispersed, how they are paid, who is paid, and how this manifests in full-time Congressional staff demographics. Data shows that both paid and unpaid Congressional internships belong disproportionately to white students. Top staff in the House of Representatives is similarly disproportionately white. The text also examines the inherent danger of working in Congress and the broader case for paid internships.

May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark

Journal of the National Association of Administrative Law Judiciary

On April 1, 2021, the Biden administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in student loan debt without further Congressional action. This paper interrogates the leading arguments for and against the Biden administration’s capacity to forgive this student loan debt strictly using administrative action. This article first surveys the history of federal student loan forgiveness programs in the United States. It then considers whether statutes on the books—in particular, the Higher Education Act of 1965 and the Federal Claims Collection Act of 1966—grant the …

In The Eye Of The Storm: West Virginia's Uniquely Clear Opportunity To Revise Its Education Funding Formula During Covid-19, Lauren Trumble

West Virginia Law Review

Public school advocates in West Virginia have long voiced sharp criticism over the state's funding of education-and justifiably so. Although more than one in four West Virginia children live in poverty, the state's school funding formula does not account for the increased costs associated with educating low-socioeconomic status ("SES") students. As a result, low-SES students are not receiving a constitutionally adequate and equitable education, by the state's own standards.

Now, in the wake of COVID-19, with mounting costs and challenges, allegations of "inadequacy" and "inequity" abound. Ifpast is prologue, districts that serve high concentrations of low-SES students will be the …

Transforming Minnesota's Early Care And Education Infrastructure, Nicole Frethem

Student Scholarship

In 2021, the Minnesota legislature authorized the Great Start for All task force to present recommendations for how the state can provide “access to affordable, high-quality early care and education that enriches, nurtures, and supports children and their families,” to “all families” in Minnesota.

The early care and education landscape in Minnesota has experienced dramatic changes in programming and investments over the last twenty years. In the early 2000s, the state’s primary child care subsidy program, the Child Care Assistance Program (CCAP), was moved from the Department of Children, Families and Learning to the Department of Human Services in an …

Everything Is Bigger In Texas: Including The Horrendously Inadequate Attempts At Providing Special Education And Related Services To All Children With Disabilities, Alexandria R. Booterbaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Without immediate action, the “corrections” made by the Texas legislature to meet the appropriateness requirement for special education will result in imminent peril for students with an autism spectrum disorder (ASD) as well as their parents. Tens of thousands of children fall between the cracks as a result of Texas’ illegalities and the lack of responsibility Texas’ lawmakers and Texas Education Agency (TEA) have for special education. If Texas does not fully devote itself to a significant overhaul of its special education practices, students will continue to be left behind.

Congress enacted the Individuals with Disabilities Education Act (IDEA) because …