Education Law Commons^™

Following Fisher: Narrowly Tailoring Affirmative Action, Eang L. Ngov

Catholic University Law Review

Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action policies are narrowly tailored. The Supreme Court’s most recent affirmative action case, Fisher v. University of Texas at Austin, requires that schools prove that there are no workable race neutral alternatives in order to demonstrate that their affirmative action programs are narrowly tailored. This article examines the available race neutral alternatives: percentage plans; socioeconomic …

Impacts Of Public School Choice Act Of 2013, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

The Public School Choice Act of 2013 (Act 1227) allows students to transfer to a nonresident district. Previous school choice law restrictions based on race, were removed in the new law. As a result, concerns have been raised about the possible negative impacts of choice on districts’ racial balance. This brief addresses these concerns by examining the impact of the Public School Choice Act of 2013 on district enrollment and racial integration.

Show And Tell?: Students' Personal Lives, Schools, And Parents, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Public schools learn about their students' personal lives in many ways. Some are passive: a teacher observes a student kissing someone, or overhears a conversation among friends. But schools also engage in more active information-gathering about students' personal lives, through surveys and informal conversations between students and teachers, administrators, school psychologists, counselors, coaches, and other personnel. This Article explores the competing privacy considerations that result from such encounters. Once schools have learned highly personal information about their students, does it violate those students' privacy rights to disclose that information to their parents? Or does keeping the information secret violate the …

Dias V. Archdiocese Of Cincinnati: Deciphering The Ministerial Exception To Title Vii Post-Hosanna-Tabor, Caroline O. Dehaan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Special-Education Law In Mexico And The United States, Charles J. Russo, Ricardo Lozano

Educational Leadership Faculty Publications

The challenges of meeting the requirements of students with special needs under the Individuals with Disabilities Education Act and other laws are a particularly timely topic, as large numbers of native Spanish-speaking students move into the United States.

Against that backdrop, this article reviews the laws for special education in Mexico and the United States. The focus on the laws in Mexico stems from the fact that many students cross the border daily to attend public schools in the United States, and because Mexico has many laws in place dealing with special education. We offer school district leaders a comparative …

Cracking Open The Classroom Door: Developing A First Amendment Standard For Curricular Speech, Nicholas K. Tygesson

Northwestern University Law Review

Around this country, courts have found that the discharge of public school teachers for their classroom speech does not implicate the First Amendment. Others have protected this speech, but only by importing analytical approaches from other areas of law ill suited to the unique interests at play in America’s public schools. The resulting patchwork of doctrinal approaches provides little clarity for courts and only illusory protection for teachers. This Note will start from scratch, examining the first principles at play in public school classrooms and tailoring a First Amendment approach to respect the needs of government, teachers, and students. When …

Quality Counts 2015, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

In an attempt to gauge the educational progress of the nation and each state, Education Week has published state report cards since 1997 in its annual Quality Counts series. The 19 th annual report - Quality Counts 2015 - was released in January. Overall, Arkansas received an grade of C– and was ranked 36th among the 50 states. This policy brief examines Arkansas’ rank in each category of the report as well as the quality of the report itself.

Opposing Viewpoints: Preparing Students, Teachers, And The Community For School Shootings: Saving Lives With Active Shooter Simulations, Michael Gubiotti

Children's Legal Rights Journal

No abstract provided.

Silver Linings Casebook: How Vergara’S Backers May Lose By Winning, Kevin G. Welner

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Teen Pregnancy In Charter Schools: Pregnancy Discrimination Challenges Under The Equal Protection Clause And Title Ix, Kaylee Niemasik

Michigan Journal of Gender & Law

Until three years ago, a policy at Delhi Charter School in Louisiana required that any pregnant student be effectively expelled. A pregnant sixteen-year-old student’s expulsion caught the attention of national media in 2012. The ACLU sued and the school quickly rescinded the policy. Although the policy was revoked, the un-adjudicated nature of the resolution leaves teen girls at the school and nationwide without any final court order to protect them against the (re)enactment of similar discriminatory policies. This Article analyzes the Delhi Charter School policy in order to make three related arguments. First, the Court should adopt a rebuttable presumption …

School Shooting Simulations: At What Point Does Preparation Become More Harmful Than Helpful?, Lauren Rygg

Children's Legal Rights Journal

No abstract provided.

The Strained Dynamic Of The Least Restrictive Environment Concept In The Idea, Bonnie Spiro Schinagle, Marilyn J. Bartlett

Children's Legal Rights Journal

No abstract provided.

Around The World: America Ahead Of The Curve With Discussion Around Least Restrictive Environment: Education Rights For Children With Disabilities Around The World, Elise Harmening

Children's Legal Rights Journal

No abstract provided.

Spotlight On: School Violence Prevention, Paige Steffen

Children's Legal Rights Journal

No abstract provided.

Accidentally On Purpose: Intent In Disability Discrimination Law, Mark Weber

College of Law Faculty

American disability discrimination laws contain few intent requirements. Yet courts frequently demand showings of intent in disability discrimination lawsuits. Intent requirements arose almost by accident: through a false statutory analogy; by repetition of obsolete judicial language; and by doctrine developed to avoid a nonexistent conflict with another law. Demanding that section 504 and Americans with Disabilities Act (“ADA”) claimants show intent imposes a burden not found in those statutes or their interpretive regulations. This Article provides reasons not to impose intent requirements for liability or monetary relief in section 504 and ADA cases concerning reasonable accommodations. It demonstrates that no …

Northwestern Football And College Athletes: Be Careful What You Wish For, 49 J. Marshall L. Rev. 655 (2015), Patrick Johnston

UIC Law Review

This comment analyzes the arguments the Northwestern University football team have made to the NLRB and discuss potential adverse tax consequences to the Players as a result of those arguments.

Biting The Bullet: Why The Gun Free Schools Act Must Be Repealed To Protect Student Speech, 49 J. Marshall L. Rev. 593 (2015), Aaron Brand

UIC Law Review

No abstract provided.

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Faculty Scholarship

No abstract provided.

“Jim Crowing” Plyler V. Doe: The Resegregation Of Undocumented Students In American Higher Education Through Discriminatory State Tuition And Fee Legislation, David H.K. Nguyen, Zelideh R. Martinez Hoy

Cleveland State Law Review

This law review article examines the re-segregation of undocumented students in education, more specifically, re-segregation through state laws and policies impacting their attendance at American colleges and universities. Under no fault of their own, undocumented students are marginalized even further after graduating from high school, since they are not afforded the same benefits as their peers to attend college. This article explores the current landscape of these laws and policies after providing background on Plyler v. Doe and state and federal attempts to challenge education for undocumented students.