Education Law Commons^™

The Disclaimer Dichotomy: A First Amendment Analysis Of Compelled Speech In Disclosure Ordinances Governing Crisis Pregnancy Centers And Laws Mandating Biased Physician Counseling, Molly Duane

Cardozo Law Review

No abstract provided.

Fifth Amendment Rights: Questioning Students, Charles J. Russo

Educational Leadership Faculty Publications

Because juveniles are increasingly subject to questioning about their potential involvement in what may constitute adult criminal activities, the role of law enforcement personnel, including police officers and school resource officers (SROs), in interrogating students is worth visiting.

This column examines early litigation on student Fifth Amendment rights and a more recent case, N.C. v. Commonwealth (2013), in which an assistant principal (AP) interviewed a student about giving prescription drugs to a peer. The questioning took place in the presence of a deputy sheriff who served as an SRO but because the AP did not read the student his Miranda …

Sniff Dogs In Schools: Do The Noses Know?, Charles J. Russo

Educational Leadership Faculty Publications

As drugs and other contraband made their way into schools starting in the 1960s, education leaders turned to drug-sniffing dogs, which typically work in conjunction with law enforcement officials, to detect the presence of contraband in learning environments. In fact, sniff dogs—or their noses—are a highly effective, reliable, and unobtrusive means of discovering potentially dangerous contraband, such as drugs, alcohol, and even gunpowder from firearms. Accordingly, the vast majority of courts have upheld the use of sniff dogs in schools when challenged under the Fourth Amendment’s prohibition against unreasonable searches and seizures.

The use of drug-sniffing dogs has come to …

The Unsupportable Cost Of Variable Pricing Of Student Loans , Jonathan D. Glater

Washington and Lee Law Review

No abstract provided.

The Promise Of Plyler: Public Institutional In-State Tuition Policies For Undocumented Students And Compliance With Federal Law, Nancy B. Anderson

Washington and Lee Law Review

No abstract provided.

It's Time To Start Showing A Little Restraint: In Search Of A Compromise On Federal Seclusion And Restraint Legislation, Cali Cope-Kasten

University of Michigan Journal of Law Reform

In 2009, the United States House of Representatives heard testimony that hundreds of students had been injured in schools by teachers secluding or physically restraining them. Congress had never legislated on seclusion and restraint, but the alarming allegations of student injuries and deaths prompted many parents to demand a ban on the use of the techniques in schools. In the continuing debate, school officials have protested that seclusion and restraint are important tools for teachers to protect their classrooms from out-of-control students. Torn between these two extreme positions, Congress has twice attempted — but failed — to pass federal legislation …

A Timely Proposal To Eliminate The Student Loan Interest Deduction, Victoria J. Haneman

Nevada Law Journal

No abstract provided.

2012-13 Arkansas Test Results, Michael L. Crouch, Gary W. Ritter

Policy Briefs

In early August, the Arkansas Department of Education (ADE) released the 2012-2013 test score results. The following brief will highlight the results of these tests, compare achievement scores over time, and provide a glimpse of regional achievement results for the following exams:  Benchmark Exam (Grades 3-8)  End-of-Course Exam (Algebra I, Geometry, Biology, and Grade 11 Literacy).  Iowa Test of Basic Skills (Grades 1-9)

A Legal Lens, Kerry B. Melear

Journal of Contemporary Research in Education

Guest column

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

Constitutional Law—First Amendment—Social Media Rams The Tinker Schoolhouse Gate: A New Approach For Online Student Speech, S. Kate Fletcher

University of Arkansas at Little Rock Law Review

No abstract provided.

Clark Kerr And Me: The Future Of The Public Law School, Rachel F. Moran

Faculty Scholarship

Clark Kerr has long enjoyed an iconic status among leaders in public higher education. The former president of the University of California left a lasting impression on the academic world with his Godkin Lectures on the future of colleges and universities delivered at Harvard in 1963. He spoke at a moment when public higher education, and indeed higher education more generally, had been enjoying a renaissance of energy and vision. After World War II, veterans returned and reinvigorated the student body with the support of the GI Bill, and state legislatures generously funded public institutions to keep tuition low so …

Attending School Matters: Policies To Eliminate Chronic Absenteeism, Charles J. Russo, Carolyn Talbert-Johnson

Educational Leadership Faculty Publications

Chronic absenteeism is among the most pervasive challenges facing public education in the United States as 1 in 10 students misses a month or more of school annually. Further, approximately 7% of fourth and eighth graders miss at least a week of school per month, whereas an estimated 5.5% to 20% of students are absent every day in some urban schools where absentee rates reach as high as 30% (Balfanz and Byrnes 2012).

As education leaders and policy makers debate the merits of new intervention strategies under the No Child Left Behind Act and Individuals with Disabilities Education Act to …

Silver Linings: Reimagining The Role Of Adr Education In The Wake Of The Great Recession, Lela P. Love, Brian Farkas

Articles

No abstract provided.

Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer

Indiana Journal of Law and Social Equality

No abstract provided.

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.

Adalah – The Legal Center For Arab Minority Rights In Israel V. Ministry Of Social Affairs, Edna Arbel, Daphne Barak-Erez, Esther Hayut

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

We are concerned with petitions for the revocation of Section 61(2)(d) of the Arrangements Law (Legislative Amendments for Implementation of the Economic Plan for 2009 and 2010), 5769-2009, as it is unconstitutional, which included Amendment no. 113 to the National Insurance Law [Consolidated Version], 5755-1995 (hereinafter: the “Amendment to the Law”) that ordered, inter alia, the reduction of the child allowances paid for …

Engage In Cyber Security - The Power And Responsibility Is Yours, Avery M. Blank

Homeland Security Publications

No abstract provided.

Has Time Expired For Zero Tolerance Policies?, Charles J. Russo

Educational Leadership Faculty Publications

Zero-tolerance policies call for the consistent application of consequences for student offenses involving violence, bullying, tobacco, alcohol, drugs, and weapons in school or at school-sponsored events. As educators struggled to eliminate student violence during the last 25 years, states adopted zero-tolerance statutes to address the rise of juvenile delinquency and the possession of weapons and drugs in schools.

Insofar as debates over zero-tolerance policies rage as violence, bullying, drugs, tobacco, and weapons in schools continue to be a major concern for educators, the remainder of this column is divided into three substantive sections. The first section briefly reviews arguments in …

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …