Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling,
2010
Vanderbilt University Law School
Bringing It All Back Home: Establishing A Coherent Constitutional Framework For The Re-Regulation Of Homeschooling, Timothy B. Waddell
Vanderbilt Law Review
Bobby and Esther Riddle, the Supreme Court of West Virginia conceded, "did an excellent job" teaching their children, Jill and Tim- possibly better than the public schools could do."' Like many fundamentalist parents, the Riddles believed the Bible required them personally to teach their children, protect them from heresy and worldly influence, and resist government intrusions that could imperil their eternal salvation. Moreover, they believed they had constitutional rights to do so. Jill and Tim Riddle studied the same subjects as public schoolchildren, but their studies were interwoven with religious lessons based upon their parents' idiosyncratic view of Christian doctrine. …
Catholic Schools, Urban Neighborhoods, And Education Reform,
2010
Notre Dame Law School
Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett
Journal Articles
More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside …
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right,
2010
University of South Carolina - Columbia
Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black
William & Mary Law Review
This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …
Algebra For All?,
2010
University of Arkansas, Fayetteville
Algebra For All?, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
In Arkansas, students graduate from high school at a relatively high rate – 72% versus the national rate of 69%. However, according to the ACT, only 35% of Arkansas graduates are ready for college-level work (based on Arkansas’ College Readiness Benchmark Scores). Our state's rate of completion from college also ranks below the national average (See Table 3.5 in OEP’s report card here). There is a strong correlation between the successful completion of an algebra course and readiness for college-level work. Because of this, there has been a great deal of interest recently in the question of whether educators in …
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act,
2010
University of South Carolina - Columbia
The Congressional Failure To Enforce Equal Protection Through The Elementary And Secondary Education Act, Derek W. Black
Faculty Publications
No abstract provided.
Finding The Least Restrictive Environment For Preschoolers Under The Idea: An Analysis And Proposed Framework,
2010
University of Washington School of Law
Finding The Least Restrictive Environment For Preschoolers Under The Idea: An Analysis And Proposed Framework, Theresa M. Demonte
Washington Law Review
Under the Individuals with Disabilities Education Act, both school- and preschool-age children who qualify for special education services are entitled to education in the least restrictive environments appropriate to their needs. For school-age children, the presumptive least restrictive environment is the regular class where their nondisabled peers participate. By contrast, defining an analogous environment for preschool children is difficult, because public schools rarely provide preschool for children without disabilities. This Comment argues that the Act’s language, principles, purposes, and implementing regulations suggest that the settings where a preschool child’s nondisabled peers learn should be identified as that child’s presumptive least …
Charter School Review In Arkansas And Across The Nation,
2010
University of Arkansas, Fayetteville
Charter School Review In Arkansas And Across The Nation, Nathan C. Jensen, Gary W. Ritter
Policy Briefs
At the most recent State Board of Education meeting, State Education Commissioner Tom Kimbrell addressed the need for more monitoring of charter schools to ensure that these schools meet their stated goals, including the types of students they intend to serve and the scope of the schools’ curricula. Additionally, he noted that the current process for reviewing applications for charter schools is inadequate, and acknowledged the need for a more systematic review process. As a result, Dr. Kimbrell reported that the state is planning to create a charter review council that will serve two important functions: reviewing charter applications prior …
Quality Counts 2010: Arkansas Holds Steady,
2010
University of Arkansas, Fayetteville
Quality Counts 2010: Arkansas Holds Steady, Nathan C. Jensen, 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 14th annual report - Quality Counts 2010 - was released in January. Four of the six categories (Chance for Success, School Finance, The Teaching Profession, and Standards, Assessment and Accountability) were updated to reflect the most current (2010) data. Arkansas received the highest possible grade (A) in the Standards, Assessments & Accountability category, receiving perfect scores in the subcategories for Standards and School Accountability. Similarly, Arkansas' grade for Transitions and …
From T.L.O. To Safford: A Close Look At The U.S. Supreme Court's Decisions On Searches Of Students And The Principles That Emerge From These Cases,
2010
Mitchell Hamline School of Law
From T.L.O. To Safford: A Close Look At The U.S. Supreme Court's Decisions On Searches Of Students And The Principles That Emerge From These Cases, Michael K. Jordan
Journal of Law and Practice
No abstract provided.
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change,
2010
Valparaiso University School of Law
In Loco Parentis In The Public Schools: Abused, Confused, And In Need Of Change, Susan P. Stuart
Law Faculty Publications
In loco parentis is a common law doctrine that has been used to characterize the on-campus relationship between a school and its students, but its abuse has led to such absurd cases as Safford Unified School District No.1 v. Redding. Although waning in higher education, the doctrine is experiencing a resurgence in elementary and secondary schools. As originally conceived, the doctrine was used primarily to justify and defend student disciplinary actions: the school stood in the shoes of the parent and had authority to discipline, almost at will. The doctrine, however, never seemed to have a corollary in the …
Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts,
2010
IIT Chicago-Kent College of Law
Note, Maintaining Educational Adequacy In Times Of Recession: Judicial Review Of State Education Budget Cuts, Vinay Harpalani
All Faculty Scholarship
This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation—a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using functional separation …
Legal Education In China: English Language Materials,
2010
Cornell University Law School
Legal Education In China: English Language Materials, Roderick O'Brien
International Journal of Legal Information
Modern legal education began in China late in the Qing dynasty (1644-1911), and then expanded during the period of the Republic of China from 1912. With the establishment of the People’s Republic of China in 1949, legal education entered a new and difficult period. The compilation of English language materials offered here includes a few materials relating to the Qing and Republican periods, but after 1949 only materials relating to the People’s Republic of China (mainland China). Hong Kong, Macau, and Taiwan all have separate legal education systems and structures, and are excluded from this compilation.
From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut,
2010
Sacred Heart University
From Equity To Adequacy: Evolving Legal Theories In School Finance Litigation: The Case Of Connecticut, Lesley A. Denardis
Political Science & Global Affairs Faculty Publications
Since the landmark school finance decision Serrano v. Priest (1971) ruled that California’s reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. …
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010),
2010
UIC School of Law
Doninger's Wedge: Has Avery Doninger Bridged The Way For Internet Versions Of Matthew Fraser?, 43 J. Marshall L. Rev. 439 (2010), Adam Dauksas
UIC Law Review
No abstract provided.
Affordable Private Education And The Middle Class City,
2010
Notre Dame Law School
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Journal Articles
This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom,
2010
West Virginia University College of Law
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
West Virginia Law Review
No abstract provided.
The Right To Education: A Multi-Faceted Strategy For Litigating
Before The Inter-American Commission On Human Rights,
2010
American University Washington College of Law
The Right To Education: A Multi-Faceted Strategy For Litigating Before The Inter-American Commission On Human Rights, Marselha Gonçalves Margerin
Human Rights Brief
No abstract provided.
Justiciability, Adequacy, Advocacy, And The "American Dream",
2010
University of Florida
Justiciability, Adequacy, Advocacy, And The "American Dream", R. Craig Wood
Kentucky Law Journal
No abstract provided.
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message,
2010
Cleveland State University
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
Cleveland State Law Review
The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …
Regulating Student Speech: Suppression Versus Punishment,
2010
Elisabeth Haub School of Law at Pace University
Regulating Student Speech: Suppression Versus Punishment, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
This article examines the Supreme Court’s student speech framework and argues that, in focusing exclusively on the types of student speech that can be restricted, the framework fails to build in any differentiation as to how such speech can be restricted. This is true even though there are two very distinct types of speech restrictions in schools: suppression of the speech itself; and after-the-fact punishment of the student speaker. As the student speech landscape itself gets more complex – given schools’ experimentation with new disciplinary regimes along with the tremendous rise in student cyber-speech – the blurring of that distinction …
