Education Law Commons^™

Saints, Satanists, And Religious Public Charter Schools, Allen Rostron

Faculty Works

This article explores how constitutional law concerning religion has reached the point where the validity of a publicly funded religious school is even a debatable issue. It argues that the First Amendment provides a simple formula for achieving optimal protection of religious freedom, by maximizing religious rights in the private realm while minimizing the role of religion in public matters. For decades, the Supreme Court largely succeeded in maintaining this boundary line between the private and public spheres. A key turning point occurred in 2002 when the Court decided Zelman v. Simmons-Harris and upheld a program in which families received …

When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro

Washington and Lee Journal of Civil Rights and Social Justice

Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.

Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper

Washington and Lee Journal of Civil Rights and Social Justice

In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an …

Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell

MC Law Review

This essay surveys education in Mississippi from its origins to the creation of the state's first statewide public education system during "Radical" Reconstruction. The Choctaws and Chickasaws had developed methods of educating youngsters in their traditional culture; however, faced with the invasion of their homelands by Africans and Europeans, they began to embrace "white" missionary schools in order to learn the skills needed to survive in the new economy imposed by the settlers. The European-derived invaders consisted of two classes: the planters and the yeomen (poor).

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson

Articles

No abstract provided.

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

MC Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

MC Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …

Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann

The Journal of Law and Education

No abstract provided.

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Naomi Grace Hodo Walker, Brian Flaherty

The Journal of Law and Education

No abstract provided.

Societal Concerns Over The Drug Epidemic Have Turned America's Public Schools Into Constitutional Dead Zones, Sarah Catherine V. Gibson

The Journal of Law and Education

No abstract provided.

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.

It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra Debenedictis

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's current family regulation systems, including the Family Court Act (FCA) and the Administration for Children’s Services (ACS), are inadequately equipped to protect children with autism in foster care. These systems fail to address the unique needs of autistic children, leading to increased vulnerability to abuse, neglect, and prolonged stays in foster care. The note proposes reforms to improve monitoring, education, and resource accessibility to better safeguard these children.

Emerging School Finance Litigation In Mississippi, Lajuana Davis

MC Law Review

This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …

Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

200 Years In Review: Education And The Mississippi Constitution, Wendy Scott

MC Law Review

No abstract provided.

Global Strategies For Addressing Communication Disorders In Justice-Involved Youth, Sophia Martinez, Anne Marie Perrotti, Brooke Baker, Allison Chappell

Undergraduate Research Symposium

Throughout all stages of processing, most juveniles who encounter the justice system demonstrate cognitive-communicative difficulties (CCDs). Empirical evidence reveals that 19-22% of female and 28-38% of male youth offenders, culminating in approximately 50-60% of youth offenders, demonstrate language disorders that require intervention, but most have never received services (Snow et al., 2014; Winstanley et al., 2021). Speech-language pathologists (SLPs) are communication experts certified to assess and treat CCDs. While nations abroad recognize the value of SLP involvement in all stages of processing for justice-involved youth (JIY), America lags in utilizing SLPs to improve JIY outcomes and lower youth's risk of …

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.

Her Seat At The Table: A Phenomenological Study Exploring The Lived Experiences Of Black Women Education Policymakers, Vickey R. Silas

LSU Doctoral Dissertations

ABSTRACT

This transcendental phenomenological study explored the lived experiences of Black women leaders as education policymakers to understand the essence of their journey to leadership positions and the impetus behind their decision-making. Despite progress, Black women remain marginalized and underrepresented in policymaking leadership roles and decision-making spaces (Griffin et. al, 2013). They face challenges that are intersectional like gender and race. My research question was what are the lived experiences of Black women education policymakers and how do these experiences impact their decision-making? While employing a transcendental phenomenological approach, I acknowledged my biases through reflexivity and bracketed them while also …

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.

For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …