Education Law Commons^™

Taking Teacher Quality Seriously, Derek W. Black

Faculty Publications

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge …

Professional Editorial Board

The Journal of Law and Education

No abstract provided.

A Legal Study Of Children With Emotional Disturbance And Mental Health Needs And Implication For Practice, Cynthia A, Dieterich, Nicole D. Snyder, Christine J. Villani

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary And Secondary Education - Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Elementary & Secondary Education - Coaches Corner

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning - Coaches Corner

The Journal of Law and Education

No abstract provided.

Drawing The Line: A School Systems Duty Of Care For Off-Campus Safety, Chase Coble

The Journal of Law and Education

No abstract provided.

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …

The Second Amendment On Campus, Allen K. Rostron

Faculty Works

No abstract provided.

Not Just Horsing Around: Providing A Free And Appropriate Public Education By Deeming Hippotherapy To Be The "Basic Floor Of Opportunity" For Children With Cerebral Palsy, Elizabeth A. Beal

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy

UIC Law Open Access Faculty Scholarship

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …

Inequality, Discrimination And Sexual Violence In Us Collegiate Sports, Erin E. Buzuvis, Kristine Newhall

Faculty Scholarship

While college athletics attract thousands of participants and millions of fans each year, examination of United States college athletics reveals a pattern of inequality, discrimination and abuse, which operates to foreclose women's access and suppress women's interest in athletic participation and leadership. This Chapter examines three gender related issues of integrity in college athletics: gender discrimination in athletic participation and opportunity; barriers to leadership for women coaches and administrators; and the relationship between athletics and sexual violence at college and universities. The Chapter also identifies a number of remedies that can mitigate these problems involving the Department of Education, Congress, …

Effective Litigation Strategies To Improve State Education And Social Service Systems, Albert H. Kauffman

Faculty Articles

Texas border area Latino plaintiffs brought state court litigation, the Lulac case, to improve higher education opportunities in the Texas- Mexico borderlands. Plaintiffs successfully parlayed their trial court judgment into a massive influx of resources and permanent improvement in higher education in the Texas border. The Article describes the history of the Lulac case and includes an original analysis of the improvement of higher education in the Texas border area. The Article then develops a model for the successful integration of litigation, legislation, public advocacy and community involvement, and applies this model to the Lulac case and the Texas school …

Rethinking Law Enforcement Officers In Schools, Jason P. Nance

UF Law Faculty Publications

A recent event that occurred in a South Carolina classroom illustrates why there should be concern about assigning law enforcement officers to work in public schools. In October of 2015, a teacher called a law enforcement officer into a classroom to handle a student behavior problem. A female student was using a cell phone in violation of school rules. Other students in the classroom captured what happened next by video. The videos show that when the student refused to exit the classroom, the officer grabbed her by the neck, flipped her and her desk to the floor, and then forcibly …

Dismantling The School-To-Prison Pipeline: Tools For Change, Jason P. Nance

UF Law Faculty Publications

The school-to-prison pipeline is one of our nation’s most formidable challenges. It refers to the trend of directly referring students to law enforcement for committing certain offenses at school or creating conditions under which students are more likely to become involved in the criminal justice system, such as excluding them from school. This article analyzes the school-to-prison pipeline’s devastating consequences on students, its causes, and its disproportionate impact on students of color. But most importantly, this article comprehensively identifies and describes specific, evidence-based tools to dismantle the school-to-prison pipeline that lawmakers, school administrators, and teachers in all areas can immediately …

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

UF Law Faculty Publications

Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based arrests to discipline students for violations of school rules, including for low-level offenses. Many have referred to this disturbing trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system—such as suspending or expelling them—as the “school-to-prison pipeline.” Perhaps the most alarming …

Reconstituting The Right To Education, Joshua Weishart

Law Faculty Scholarship

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.

Deconstructed, the right to education held by children has been formulated doctrinally as both a …

Parents Involved And The Struggle For Historical Memory­, Mark Tushnet

Indiana Law Journal

In his Jerome Hall Lecture, Professor Tushnet addresses the legacy of Brown v. Board of Education in the more recent case of Parents Involved in Community Schools v. Seattle School Dist. No. 1 (PICS), which struck down the voluntary school integration programs used in Seattle and Louisville. As Chief Justice Roberts wrote, an important “debate” in the PICS case was over “which side is more faithful to the heritage” of Brown v. Board of Education. That debate is part of what historians have called the struggle for historical memory. The politics of memory in PICS is not simply a struggle …

Due Process In Public University Discipline Cases, Marie T. Reilly

Faculty Scholarship

No abstract provided.