Education Law Commons^™

The Ncaa Student-Athlete Reinstatement Process: Say What?, Josephine R. Potuto

Buffalo Law Review

No abstract provided.

A Primer On Federal Statutes Affecting Education, Charles J. Russo

Educational Leadership Faculty Publications

Before the Supreme Court’s monumental decision banning racial segregation in schooling in Brown v. Board of Education (1954), the federal government had little direct involvement in national education policy. Subsequently, the federal government has assumed a major role in setting national education policy.

The federal government’s first post- Brown major legislative enactment, in 1958, was the adoption of the National Defense Education Act (NDEA). Enacted largely in response to the Soviet Union’s launching of Sputnik 1, the NDEA, made federal funds available to education institutions to focus on areas considered critical to national defense, such as mathematics, science, and foreign …

Federalizing Education By Waiver?, Derek W. Black

Vanderbilt Law Review

In the fall of 2011, the U.S. Secretary of Education told states he would use his statutory power to waive violations of the No Child Left Behind Act ("NCLB'), but only on the condition that they adopt his new education policies- policies that had already failed to move forward in Congress. States had no choice but to agree because eighty percent of their schools were faced with serious statutory sanctions. As a result, the Secretary was able to unilaterally dictate core education policies for the nation's public schools. For the first time, the content of school curriculum and the means …

Peace Building Through Education Reforms Case Study: Objectives And Philosophy Of Jordanian Educational System, Megan Mckeown

Independent Study Project (ISP) Collection

In the field of peacebuilding, education reform is the most tangible way to propel forward and build positive change. Access to schooling is not the only factor that will eradicate structural violence and inequality in our world. This can be seen with violence and inequality increasing even though educational enrollment has reached upwards of 90% in developing areas. We must begin a movement to learn from educational systems already in place, to pinpoint their strengths and expand on them, discover possible themes to change, and suggest diverse avenues to overcome obstacles for achieving social justice and peace. The ensuing research …

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Faculty Publications By Year

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …

Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman

University of the District of Columbia Law Review

This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …

Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman

University of the District of Columbia Law Review

Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …

Insulin Administration In Catholic Schools: A New Look At Legal And Medical Issues, Mike Huggins

Journal of Catholic Education

Anecdotal evidence indicates that more students with type 1 diabetes are enrolling in Catholic schools across the United States. Meeting the medical needs of these students appears to be a significant challenge—legally and logistically—for many Catholic schools. District officials, school leaders, and school staff need support to understand the complexities of the disease and its treatments, as well as the laws that govern how non-medical school staff can intervene in normal and emergency situations. The goals of this article are: (a) to explore the current state of the legal and medical issues regarding non-RN administration of insulin to minor students …

The Establishment Clause, School Choice, And The Future Of Catholic Education, Matthew P. Cunningham

Journal of Catholic Education

This article reviews several recent court cases at the federal and state levels related to school choice initiatives in the United States. Through this review, the article sheds light on the enduring question of whether these programs are unlawful bonds between church and state. The review includes details about choice programs that exist (or have existed in the past) in the states where the cases originated: Ohio, Washington, Indiana, Arizona, and Colorado. Following this review, the article examines relevant, large-scale evaluations of choice programs and concludes with a discussion of the place of Catholic education in the school choice movement.

Clarifying The Public-Private Line: Legal And Policy Guidance For Catholic-Affiliated Charter Schools, Kari A. Carr, Janet Decker

Journal of Catholic Education

In the past fifty years, the share of students enrolled in U.S. Catholic schools has declined from approximately 12% to 3%. In reaction, many urban Catholic schools have closed and subsequently reopened as public charter schools in order to receive governmental funding and to increase enrollment. As public schools, these Catholic-affiliated charter schools now face a complex set of legal and practical challenges. This article presents empirical research on Catholic-affiliated charter schools, and the legal issues facing them as well as the wider category of religiously-affiliated charter schools. The authors conclude by answering a number of questions that Catholic school …

Introduction To The Focus Section: Law And Catholic Schools, Sr. Mary Angela Shaughnessy

Journal of Catholic Education

Introduction to the Focus Section

Creation Of The Achievement School District: House Bill 1733, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Education leaders throughout the country are working to identify successful strategies for turning persistently low performing schools into successful schools. One strategy undertaken in Louisiana, Michigan, and Tennessee is the creation of a unique school district for the most academically distressed schools. In this brief, we review the programs in other states and examine House Bill 1733, which proposes the creation of such a district in Arkansas for schools or districts in academic distress

The Waivers Sought By Arkansas Charters: Should They Be Extended To All?, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

Should traditional public school districts be allowed to use the same waivers as nearby charter schools? Perhaps the flexibility afforded to charters might be helpful for all schools by allowing them to become nimble, responsive organizations, less governed by inertia and more guided by innovation. House Bill 1377 proposes such an extension of waivers. In this brief, we examine the most common waivers that charter schools request to assess what types of waivers could be available to traditional public schools if House Bill 1377 were signed into law.

School Funding: Inequality In District Funding And The Disparate Impact On Urban Migrant School Children, Rachel R. Ostrander

Brigham Young University Education and Law Journal

No abstract provided.

Special Education Due Process Hearing Requests Under Idea: A Hearing Should Not Always Be Required, Timothy E. Gilsbach

Brigham Young University Education and Law Journal

No abstract provided.

Balancing Prevention And Liability: The Use Of Waiver To Limit University Liability For Student Suicide, Brittney Kern

Brigham Young University Education and Law Journal

No abstract provided.

Church-State Entanglement At Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr

Brigham Young University Education and Law Journal

Several urban archdioceses across the U.S. have closed their Catholic schools and subsequently permitted charter schools to open in their places. This Article describes the possible church-state entanglement issues that arise at schools like these. We reviewed eighty-five relevant cases and found only seven cases involving existing or proposed religiously affiliated charter schools. While generalizations are difficult to draw from this small sample, trends and inferences inform the emerging research. Five of the cases arose when schools were connected with a particular religious organization, such as a church. The lawsuits alleged both explicit and implicit religious entanglement. Our analysis also …

Bullying Issues Impacting Students With Disabilities: Highlights Of Section 1983, Title Ix, Section 504, Ada, And Idea Cases, Cynthia A. Dieterich, Nicole Diradio Snyder, Christine Villani

Brigham Young University Education and Law Journal

No abstract provided.

Restructuring The Modern Education System In The United States: A Look At The Value Of Compulsory Education Laws, Chelsea Lauren Chicosky

Brigham Young University Education and Law Journal

No abstract provided.

Corporate-School Partnerships And Neoliberal Influences On Students As Future Participants In The Labor Market, Adriane Kayoko Peralta

Brigham Young University Education and Law Journal

No abstract provided.