Education Law Commons^™

Matter Of Kevin M., Donna A. Napolitano

Touro Law Review

No abstract provided.

A Collision Of Practice And The Law In U.S. Schools And School Districts, Yvonne Pratt-Johnson

Journal of Civil Rights and Economic Development

No abstract provided.

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.

Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach

University of Richmond Law Review

This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.

"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa

University of Richmond Law Review

No abstract provided.

A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson

University of Richmond Law Review

No abstract provided.

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …

An Overview Of The Every Student Succeeds Act, Charles J. Russo

Educational Leadership Faculty Publications

Controversial since becoming law in 2002 as the re-authorization of the 1965 Elementary and Secondary Education Act, the No Child Left Behind Act (NCLB) has been portrayed by critics as federal overreach in education, even as supporters viewed the bill as a necessary reform to improve the academic performance of students in K–12 schools. Regardless, NCLB proved so unwieldy that 43 states and the District of Columbia received waivers from many of its accountability provisions in return for adopting policies favored by the U.S. Department of Education (Layton 2015).

The recent seven-year-overdue re-authorization of the law received widespread bipartisan support …

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

University of Richmond Law Review

No abstract provided.

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

The University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways.

But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these …

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance

UF Law Faculty Publications

In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, …

The Constitutional Challenge To Teacher Tenure, Derek W. Black

Faculty Publications

In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter.

The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This …

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …

Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.