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Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning 2010 New Hampshire Department of Education

Will Residency Be Relevant To Public Education In The Twenty-First Century?, Sarah L. Browning

The University of New Hampshire Law Review

[Excerpt] “Long before the framers of New Hampshire’s first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement.

By 1708, the provincial government in New Hampshire had established the first public school. Not surprisingly, the school was in Portsmouth, which was, at the time, the seat of the provincial government. On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. Under the same act, a community that had one hundred …


Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft 2010 Attorney in Private Practice, Concord, NH

Missing The Forest For The Trees: Forest Grove School District V. T.A., Theresa Kraft

The University of New Hampshire Law Review

[Excerpt] “The Individuals with Disabilities Education Act (IDEA) guarantees children who qualify as children with disabilities the right to receive a free appropriate public education (FAPE). There are many points at which parents and school districts may disagree regarding the provision of a FAPE, but as the U.S. Supreme Court has determined in Forest Grove School District v. T.A., when parents and a school district disagree regarding whether children should be identified as children with disabilities, an appropriate remedy could be tuition reimbursement.”


Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack 2010 University of Richmond School of Law

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.


Crisis On Campus: Student Access To Health Care, Bryan A. Liang 2010 California Western School of Law

Crisis On Campus: Student Access To Health Care, Bryan A. Liang

University of Michigan Journal of Law Reform

College-aged adults are an overrepresented group in the uninsured population of the United States, and traditionally underserved minorities are disproportionately affected. Students with private health insurance are often functionally uninsured as well, since most schools refuse to accept this traditionally elite calling card on campus. Consequently, the large uninsured and functionally uninsured populations often rely on school-sponsored health insurance plans for access to care. These plans have uneven coverage, limited benefits, exclusions and high co-pays and deductibles, and provide little health care security for their beneficiaries. Further, schools and insurance companies have profited substantially from these student plans, raising the …


How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter 2010 University of Arkansas, Fayetteville

How Did Arkansas Fare In The Race To The Top?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In late March, the winners for Round 1 of the federal Race to the Top (RttT) were announced. The competitive grant funded under the American Recovery and Reinvestment (ARRA) was described in more detail in an OEP policy brief posted here . In January, Arkansas joined 40 other states in submitting an application. When the finalists were announced, Arkansas was ranked 17th and just missed the cut! In this policy brief, we provide a brief overview of how the Arkansas application fared and what our state leaders could do to increase our chances for Round Two.


National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter 2010 University of Arkansas, Fayetteville

National Standards: Following The Pendulum Of Debate, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In March, the Common Core State Standards Initiative (CCSSI) released drafts of the proposed National Standards for K-12 education in English Language Arts and Literacy, History/Social Studies, Science, and Math. The draft standards were developed in collaboration with teachers, school administrators, and experts with the goal of providing a clear and consistent framework to develop “college or career ready” students. In this draft, the authors attempt to define knowledge and skills students that high school graduates need for entry-level, credit bearing academic college courses and workforce training programs.


Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter 2010 University of Arkansas, Fayetteville

Reauthorizing No Child Left Behind: The Obama Blueprint, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

Almost 45 years ago to this day, the federal government enacted the Elementary and Secondary Education Act (ESEA) on April 11, 1965. The Act, which provided funds for professional development, instructional materials, resources to support educational programs, and promoted parental involvement in primary and secondary education, has been reauthorized about every five years since its enactment. The current version, known more commonly as the No Child Left Behind Act, is now up for reauthorization. The following policy brief will describe the development of the Act into its current form, discuss the major components of No Child Left Behind, and highlight …


2009 Naep Reading Results, Nathan C. Jensen, Gary W. Ritter 2010 University of Arkansas, Fayetteville

2009 Naep Reading Results, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The National Assessment of Educational Progress (NAEP), also known as “the Nation’s Report Card,” is a national assessment of what students in each state know in various subjects. The grade 4 and 8 mathematics and reading portions of the NAEP were administered in 2009. We highlighted the math results, which were released last fall, in the 2009 Arkansas Report Card (http://www.uark.edu/ua/oep/report_cards/2009_Report Card.pdf). The 2009 reading scores were released at the end of March, 2010. This policy brief highlights the recent NAEP reading results and demonstrates, bluntly, that growth has stagnated both in the U.S. and Arkansas.


Food Allergies In Public Schools: Toward A Model Code, Michael Borella 2010 Chicago-Kent College of Law

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …


The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd 2010 Chicago-Kent College of Law

The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd

Chicago-Kent Law Review

When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …


Table Of Contents, 2010 University of South Carolina

Table Of Contents

The Journal of Law and Education

No abstract provided.


Free Speech At Private Universities, Kelly Sarabyn 2010 University of South Carolina

Free Speech At Private Universities, Kelly Sarabyn

The Journal of Law and Education

No abstract provided.


From Comparing Plus Factors To Context Review: The Future Of Affirmative Action In Higher Education, Lauren S. Foley 2010 University of South Carolina

From Comparing Plus Factors To Context Review: The Future Of Affirmative Action In Higher Education, Lauren S. Foley

The Journal of Law and Education

No abstract provided.


Student Suicide: Dying For University Liability, Perry A. Zirkel 2010 University of South Carolina

Student Suicide: Dying For University Liability, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Supreme Court Review, 2010 University of South Carolina

Supreme Court Review

The Journal of Law and Education

No abstract provided.


Commentaries, 2010 University of South Carolina

Commentaries

The Journal of Law and Education

No abstract provided.


The Undue Hardship Of Education, Charles Booker 2010 University of South Carolina

The Undue Hardship Of Education, Charles Booker

The Journal of Law and Education

No abstract provided.


Freedom From Compulsion, Tess Slattery 2010 Chicago-Kent College of Law

Freedom From Compulsion, Tess Slattery

Chicago-Kent Law Review

A recent Eleventh Circuit case, Frazier ex rel. Frazier v. Winn, upheld as facially constitutional a Florida statute that requires a student to obtain parental permission before abstaining from participation in the Pledge of Allegiance. This note argues that the court reached the wrong conclusion because it failed to properly weigh the students' right to free speech against the parents' right to control the upbringing of their children. This note argues that Justice Breyer's framework for balancing conflicting rights should be adopted for use in this context. By applying Justice Breyer's balancing test, the Florida statute should be found …


A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi 2010 University of Miami School of Law

A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi

Federal Communications Law Journal

This Article addresses both the constitutionality and the efficacy of the FCC's current rules that require broadcasters to air children's educational programming. It argues that, even though the rules would probably pass muster under the First Amendment, they should nevertheless be substantially revised.

Empirical studies show mixed results, with substantial amounts of educationally insufficient programming. This is predictable-attributable to broadcaster incentives, limits on the FCC's enforcement capacities, and audience factors. Instead, the Article advises a turn away from programming mandates. It proposes a "pay or play" approach that allows broadcasters to pay a fee to a fund for high-quality public …


University Tort Liability For Student Suicide: The Sky Is Not Falling, Richard Fossey, Heather E. Moore 2010 University of South Carolina

University Tort Liability For Student Suicide: The Sky Is Not Falling, Richard Fossey, Heather E. Moore

The Journal of Law and Education

No abstract provided.


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