Education Law Commons^™

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Florida State University Law Review

Over the past quarter century, administrative law scholars have observed the President’s growing control over agency policymaking and the separation-of-powers concerns implicated by such unilateral exercises of power. The paradigmatic form of agency policymaking—notice-and-comment rulemaking—mitigates these concerns by ensuring considerable oversight by the courts, Congress, and the public at large. Agencies, however, typically have at their disposal a variety of policymaking tools with which to implement White House goals, including the issuance of guidance documents and the strategic exercise of enforcement discretion. While commentators have drawn attention to the risk that agencies will circumvent the extensive checks associated with rulemaking …

A Legal Lens: Brexit, Access, And Equity In The United Kingdom And The United States, Kerry B. Melear

Journal of Contemporary Research in Education

Guest Column

Schooling The Police: Race, Disability, And The Conduct Of School Resource Officers, Amanda Merkwae

Michigan Journal of Race and Law

On March 25, 2015, police officers effectuated a violent seizure of a citizen in Kenner, Louisiana: [T]he police grabbed her by the ankles and dragged her away [from the tree]. . . . [She was] lying face down on the ground, handcuffed with her face pressed so closely to the ground that she was having difficulty breathing due to the grass and dirt that was so close to her nose and mouth. An officer was kneeling on top of her, pinning her down with a knee squarely in [her] back. Several other officers, as well as several school administrators, stood …

Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar

University of Miami Law Review

“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …

With All Deliberate Speed: Brown V. Board Of Education, Julian Bond

Indiana Law Journal

Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.

The Importance Of Understanding School Law, Charles J. Russo

Educational Leadership Faculty Publications

In an increasingly litigious society wherein parents and their children file a broad spectrum of claims against school systems, it is essential that education leaders have at a minimum a basic understanding of school law.

Before 1954, the Supreme Court addressed only a handful of cases involving K–12 schools and higher education. Brown v. Board of Education of Topeka (1954), perhaps the Supreme Court’s most important education-related decision, ushered in an era of equal educational opportunities and key legislations, such as the Elementary and Secondary Education Act of 1965, now the No Child Left Behind Act (2002); Title IX of …

Video: Nova Law Review Symposium: Shutting Down The School To Prison Pipeline, Nova Law Review

NSU Law Seminar Series

NSU Law, the Nova Law Review, and a broad coalition of nonprofit organizations have come together to build a national platform to address the crisis of unnecessary incarceration for teens. Academics, practitioners, policy-makers, educators, community activists, and thought leaders are invited to exchange ideas, form effective strategies, and engage in meaningful dialogue about systemic change for educational reform and new approaches to school discipline.

To see photographs from the Symposium, please look at the Symposium Flickr group.

Mainstreaming Equality In Federal Budgeting: Addressing Educational Inequities With Regard To The States, Elizabeth K. Hinson

Michigan Journal of Race and Law

Great Society reformers targeted poverty as the defining characteristic for a novel federal education policy in the United States in 1965. Title I of the Elementary and Secondary Education Act (ESEA), reincarnated within the No Child Left Behind Act of 2001, distributes financial aid to disadvantaged students within public schools solely based upon students’ socioeconomic status. This Article does not dispute that financial resources improve student outcomes, but this Article argues that Title I’s funding formula is ineffective, and a new funding scheme – specifically, a mainstreaming equality funding scheme – must replace it. The implementation of this funding scheme …

Selecting Instructional Materials, Charles J. Russo

Educational Leadership Faculty Publications

A recent dispute from Columbus, Ohio, that made some national headlines dramatically illustrates what can happen to teachers who fail to preview materials and consequently show inappropriate films or use other media unsuited for student instruction.

The outcome of that case was more dramatic and unusual than in similar cases. Even so, this incident demonstrates that educators in K–12 schools can lose their jobs if they fail to use their discretion and comply with board policies in selecting appropriate materials and subjects for their classes and previewing materials before using them in instructional settings.

New State Laws Reflect The Rethinking Of Excessive Mandated Standardized Testing In America's Public Schools, Renalia Smith Dubose

Florida A & M University Law Review

The largest standardized testing cheating scandal in American history has caused many to question the practice of excessive standardized testing in America’s public education system. In the spring of 2013, thirty-five educators in Atlanta, Georgia, including the former superintendent, principals, teachers, and testing coordinators were indicted for cheating on statewide-standardized tests. The situation in Atlanta, Fulton County, Georgia, triggered a conversation about excessive mandated standardized testing in America’s public schools and caused public outcry against the negative impact of standardized testing. As a result, new state laws are being passed throughout the United States to not only end the rapid …

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision …

Section 5: Race, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

House Bill 1219: A Study, Paul M. Scott

Akron Law Review

Because H.B. 1219 does raise certain constitutional questions which will soon come before the courts, and because of its potential impact on higher education in Ohio, a complete study of it is in order. This Comment seeks to do that by analysis of the background events leading up to the bill's introduction, its legislative history, a summary and explanation of the act's important provisions, an analysis of potential constitutional infirmities in view of current court decisions, and a discussion of relevant policy considerations. The purpose of this Comment is not to assess the wisdom or desirability of the statute, but …

The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio

Akron Law Review

It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.

A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham

Akron Law Review

This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.

Is A Paid Idea Tuition Reimbursement Case Moot? The Intersection Of Pendency, Tuition Reimbursement, And Mootness, Daniel W. Morton-Bentley

Brigham Young University Education and Law Journal

No abstract provided.

For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse

Brigham Young University Education and Law Journal

No abstract provided.

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.

The Key To Equality: Why We Must Prioritize Summer Learning To Narrow The Socioeconomic Achievement Gap, Simon Leefatt

Brigham Young University Education and Law Journal

No abstract provided.

Arming The Good Guys: School Zones And The Second Amendment, Grant Arnold

Brigham Young University Education and Law Journal

No abstract provided.