Education Law Commons^™

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald

Richmond Journal of Law and the Public Interest

In four parts, this article focuses on NCLB's negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act ("IDEA"). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB's pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …

The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen

Richmond Journal of Law and the Public Interest

In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …

Securing Equal Access To Sex-Segregated Facilities For Transgender Students, Harper Jean Tobin, Jennifer L. Levi

Faculty Scholarship

If Title IX is to have any real meaning for transgender students, it must protect a student's ability to live and participate in school as a member of the gender with which they identify. This means that students must be permitted to use gender-segregated spaces, including restrooms and locker rooms, consistent with their gender identity, without restriction. Denial of equal access to facilities that correspond to a student's gender identity singles out and stigmatizes transgender students, inflicts humiliation and trauma, interferes with medical treatment, and empowers bullies. A student subjected to these conditions is, by definition, deprived of an equal …

"On The Basis Of Sex": Using Title Ix To Protect Transgender Students From Discrimination In Education, Erin E. Buzuvis

Faculty Scholarship

Transgender students are vulnerable to discrimination, exclusion, and harassment, and it is not clear to what extent this discrimination is prohibited by law. Title IX, the federal law prohibiting discrimination "on the basis of sex" in federally-funded schools, does not expressly prohibit discrimination against transgender students. Yet it is possible to interpret the prohibition on sex discrimination in a number of different ways that would make the law available to transgender plaintiffs in some, many, or all cases of discrimination otherwise covered by the statute. Since Title IX has only been invoked in a handful of transgender rights cases, litigants …

Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools, Ross Sandler

NYLS Law Review

No abstract provided.

A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena

Student Works

No abstract provided.

Girls Can Be Anything . . . But Boys Will Be Boys: Discourses Of Sex Difference In Education Reform Debates, Juliet A. Williams

Nevada Law Journal

No abstract provided.

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Rights And Wrongs In The Debate Over Single-Sex Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2011 an article entitled The Pseudoscience of Single-Sex Schooling appeared in the journal Science. Unlike articles typically published in peer-reviewed journals, the primary intent in this case was not to inform the scholarly community but rather to accomplish larger political and legal ends. Co-authored by eight prominent psychologists and neuroscientists, it immediately made the front pages of national newspapers and soon took the international media by storm. From the United Kingdom to Australia, New Zealand, India, and South Africa, it gave rise to a global debate about the pros and cons of single-sex schooling.

As directly …

Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

In NFIB v. Sebelius, the Supreme Court’s recent case addressing the constitutionality of the Affordable Care Act, the Court concluded that the expansion of Medicaid in that Act was unconstitutionally coercive and therefore exceeded the scope of Congress’s authority under the Spending Clause. This was the first time that the Court treated coercion as an issue of more than mere theoretical possibility under the Spending Clause. In the wake of the Court’s decision, commentators have expressed either the concern or the hope that NFIB’s coercion analysis may lead to the undoing of much of the federal regulatory state, …

Are Student Affairs Professionals “Educators?:” Student Affairs And The Scope Of The Educational Exemption Of Copyright Law, Dallas Long

Faculty and Staff Publications – Milner Library

Copyright is a critical, emerging issue in American higher education. Copyright restricts how educators use copyrighted materials in teaching activities. Although the fair use doctrine and the educational exemption in U.S. copyright law provide exceptions for educators, student affairs professionals might not meet the standards of the educational exemption. This paper serves as a primer on U.S. copyright law, the fair use doctrine, and the educational exemption. Analyses of case law suggest student affairs professionals should rely on the fair use doctrine rather than the educational exemption when using copyrighted materials for educational purposes.

Charter Schools, The Establishment Clause, And The Neoliberal Turn In Public Education, Aaron J. Saiger

Faculty Scholarship

Regardless whether the American charter school can improve academic performance and provide effective alternatives to traditional public schools, its steady entrenchment as an institution portends significant, destabilizing changes across education law. In no area will its impact be more profound than the law of religion and schooling. Despite the general view that charter schools are public schools, charters’ neoliberal character — they are privately created and managed, and chosen by consumers in a marketplace — makes them private schools for Establishment Clause purposes, notwithstanding their public subsidy. This conclusion, which rests in substantial part on the Zelman v. Simmons-Harris vouchers …

Pregnancy Discrimination In Higher Education: Accommodating Student Pregnancy, Emily Mcnee

Cardozo Journal of Equal Rights & Social Justice

The article argues that despite Title IX's protections against sex discrimination, pregnant students in higher education continue to face subtle discrimination, particularly through rigid academic policies that fail to accommodate pregnancy-related needs. It advocates for clarifying Title IX regulations to explicitly require schools to provide accommodations, drawing parallels to the Americans with Disabilities Act (ADA) model, to ensure equal educational opportunities for pregnant students.

Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran

Faculty Scholarship

The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.

The courts had to decide whether Latinos would count as …

Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz

Articles

Precedent from the Roberts Court shows the Justices taking three distinct approaches to precedent they dislike. Each provides a template for the Court to criticize race-based affirmative action in higher education, as Fisher v. University of Texas at Austin is widely expected to do. Most narrowly, the Court might use Fisher to issue a warning, much like it did in 2009 when it sidestepped a constitutional challenge to the Voting Rights Act; under this approach, the opinion would spell out why the Justices think the diversity celebrated in Grutter v. Bollinger no longer provides sufficient justification for the use of …

Closing The Schoolhouse Doors: State Efforts To Limit K-12 Education For Unauthorized Migrant School Children, Angela M. Banks

Faculty Publications

No abstract provided.

No Longer Left To Their Own Devices: Utilizing And Facilitating Mediation To Give Students Access To Assistive Technology, Eric Slepak

Cardozo Journal of Conflict Resolution

This Note seeks to fill that void by examining the unique role AT plays in a student's development and how mediation succeeds (and fails) in helping the student secure desired equipment and services. Part II of this Note examines the background law and facts governing the dissemination of AT devices and services and the mechanisms for resolving disputes surrounding that dissemination. Part III provides an illustrative example to demonstrate the complex legal issues that arise in the determination of technology appropriate for students with disabilities.

Part IV then examines why mediation offers a superior mode of resolution to both parents …

Sex-Parate But Equal? The Legality Of Single-Sex Public Schools And Their Discriminatory Effect On Transgender Students, Bryana Turner

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex public schools are both legally problematic and harmful, particularly to transgender students. It contends that such schools violate Title IX of the Education Amendments of 1972 and are unconstitutional under the precedent set by Brown v. Board of Education. The analysis highlights the discriminatory effects of single-sex education, which perpetuates gender stereotypes and fails to accommodate transgender students, who are disproportionately affected by such policies.

Password Protection Now: An Elaboration On The Need For Federal Password Protection Legislation And Suggestions On How To Draft It, Timothy J. Buckley

Cardozo Arts & Entertainment Law Journal

No abstract provided.