Education Law Commons^™

Goss V. Lopez As A Vehicle To Examine Due Process Protection Issues With Alternative Schools, Ashton Tuck Scott

William & Mary Law Review

Circuits are split on whether students are entitled to procedural protections before school officials may force them into alternative schools. This Note argues that students facing an involuntary transfer to a disciplinary alternative school are entitled to procedural protections under the Due Process Clause of the Fourteenth Amendment. Part I explains the trend toward the use of disciplinary alternative schools and the social and educational harms that these schools exacerbate. Part II explores the current circuit split around the procedural due process rights of students facing involuntary transfer to an alternative school. Part III argues that courts should expand the …

Symposium Transcript

Richmond Public Interest Law Review

No abstract provided.

Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky

Richmond Public Interest Law Review

A School Resource Officer (“SRO”) is a law enforcement officer employed

by local law enforcement agencies to provide security to public schools. As

a result of fatal and highly publicized school shootings such as Columbine

and Parkland, SROs have become a fixed aspect of many school communities.

There are tens of thousands of SROs patrolling the halls of Virginia’s

public elementary and secondary schools every year. Despite their intended

purpose to keep students safe and prevent crime, SROs too often contribute

to the school-to-prison pipeline. When SROs are brought into the classroom

to address “disruptive” behaviors, students are at an …

Hb 305: A Step In The Right Direction For Ohio's Students, Jacob Davis

Akron Law Review

For nearly twenty-four years, the state of Ohio has funded education unconstitutionally. Columbus lawmakers have paid little attention to the DeRolph progeny of cases, which repeatedly provided that an education funding formula rooted in property tax values fails to pass constitutional muster. In 2019, lawmakers finally provided a solution in HB 305: the Cupp-Patterson proposal. This paper will first survey the checkered history of school funding litigation in Ohio. Then, this newly proposed approach to educational funding will be detailed and critically evaluated, with a focus placed on the hurdles that remain before it can become law. Ohio’s students deserve …

From Governance To The Classroom: Rethinking Large-Scale School Reform To Improve Educational Opportunity And Equity, Benjamin M. Superfine Phd, Mark Paige Phd

Cleveland State Law Review

For decades, governmental institutions have focused on improving and equalizing the educational opportunities for students. Courts, legislatures, and chief executive officers at federal and state levels have spearheaded a range of large-scale educational reform efforts, including desegregation, school finance reform, educational improvement for students with disabilities, charter schools, and standards-based accountability systems. However, many assessments of these efforts reflect limited or mixed success. This Article takes a bird’s-eye view examination of not simply why a single type of educational reform has failed to reach its goals in a particular area, but instead at why such efforts have failed to reach …

Sy-Stem-Ic Bias: An Exploration Of Gender And Race Representation On University Patents, Jordana R. Goodman

Brooklyn Law Review

People of color and women are underrepresented in science, technology, engineering and math (STEM) fields in the United States. Through both intentional and unintentional structural barriers, universities continue to lose valuable intellectual resources by perpetuating a lack of gender, racial, and ethnic diversity as people climb the academic ladder. Identifying racial and gender disparities between university campus populations and their patent representation quantifies the qualitatively observed systemic racism and sexism plaguing STEM. Without data quantifying the underrepresentation of women and people of color, specifically when protecting their intellectual property rights, universities cannot show that their programs designed to close these …

New York’S School Segregation Crisis: Open The Court Doors Now, Gus Ipsen

Brooklyn Law Review

New York has the most segregated public school system of any state in America. Nearly seven decades removed from the US Supreme Court’s seminal ruling in Brown v. Board of Education, New York has done little beyond clearing Brown’s baseline mandate of not explicitly segregating students on the basis of race. In part, the forces that shape admissions policies—politics, bigotry, and powerful parents, to highlight a few—have been left unchecked because the transcendent power of the state’s courts has been sealed off. In 2003, the New York Court of Appeals in Paynter v. State firmly shut the door on plaintiffs …

Affirmative Action Tested: The Constitutionality Of “Landscape”, Eric James Seltzer

St. John's Law Review

(Excerpt)

In August 2019, the College Board announced it was launching a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decisions.” In August 2019, the College Board announced it was launching “Landscape,” a program providing higher education institutions with “context about students’ high schools and neighborhoods when making admissions decision.” Landscape collects and organizes data into three categories—basic high school data, such as school locale, test score comparison, and high school and neighborhood indicators—that offers insight into high schools and neighborhoods. Among these indicators are quintessential measures of socioeconomic status, including college …

Title Ix And The Alleged Victimization Of Men: Applying Twombly To Federal Title Ix Lawsuits Brought By Men Accused Of Sexual Assault, Zoë Seaman-Grant

Michigan Journal of Gender & Law

This Note provides a survey of the current state of Title IX law as applied to anti-male bias lawsuits and suggests how courts should apply Twombly’s plausibility standard to anti-male bias claims going forward. Part I of this Note provides an overview of sexual violence on college campuses and the history of Title IX regulations and jurisprudence. Part II offers a brief history of Title IX anti-male bias lawsuits, examines the structure of anti-male bias lawsuits, and analyzes the various pleading standards applied by courts. Part III lays out the types of facts pled by Title IX anti-male bias …

Table Of Contents

The Journal of Law and Education

No abstract provided.

Forensic Science In Legal Education, Brandon L. Garrett, Glinda S. Cooper, Quinn Beckham

The Journal of Law and Education

No abstract provided.

Reviving Rationality And The Federal Role In Education, Chris Yarrell

The Journal of Law and Education

No abstract provided.

Surviving Recission: Refining The 2020 Final Title Ix Regulations' Cross-Examination Requirement To Balance The Interests Of Complainants And Respondents, Samantha J. Doward

The Journal of Law and Education

No abstract provided.

Compulsory Classrooms And Custody: Applying State Truancy Laws To Find That School Is Inherently Custodial For The Purposes Of Miranda Warnings, Mary S. Williams

The Journal of Law and Education

No abstract provided.

Rights To Nowhere: The Idea's Inadequacy In High-Poverty Schools, Claire Raj

Faculty Publications

The Individuals with Disabilities Education Act (“IDEA”) successfully opened the schoolhouse doors to millions of students with disabilities. But more than forty years after its enactment, the law has proven largely inept at confronting the educational inequities faced by the many students with disabilities attending underfunded, high-poverty public schools. This shortcoming is inconsistent with common conceptions of the IDEA: Advocates and policymakers alike treat the IDEA’s rights and privately enforceable remedies as strong, meaningful tools. This Article theorizes that the IDEA’s under-appreciated failures are overlooked because they are the products of the law’s internal structure, undue judicial deference to schools, …

Diversity's Distractions Revisited: The Case Of Latinx In Higher Education, Rachel F. Moran

South Carolina Law Review

No abstract provided.

The Pledge Of Allegiance And Compelled Speech Revisited: Requiring Parental Consent, Caroline Mala Corbin

Articles

Since the Supreme Court decided West Virginia State Board of Education v. Barnette in 1943, free speech law has been clear: public schools may not force students to recite the Pledge of Allegiance. Nevertheless, in two states -Texas and Florida- students may decline to participate only with parental permission. The Eleventh Circuit Court of Appeals upheld the law on the grounds that the parental requirement furthered parents' substantive due process right to control the upbringing of their children.

The Eleventh Circuit decision is flawed both in its understanding of the First Amendment right to be free of compelled speech and …

From Bostock To Adams: Following The Expansion Of Rights For Transgender Students In Public School Settings, William A. White, M. Chase Collum

Mercer Law Review

Since before the turn of the twenty-first century, it is undeniable that classrooms across the country have undergone a multitude of changes. In 2020, schooling continued through a global pandemic—forcing teachers and students alike to improvise, adapt, and overcome challenges both in the classroom and in their own homes. Now that teachers and students are attempting to return to “normal,” federal courts across the country have passed down a number of decisions that will impact students’ return to the classroom. Specifically, the Supreme Court of the United States’ landmark decision in Bostock v. Clayton County, Georgia, (Bostock) …

Suicide Screening And Surveillance Of Students, Discrimination, And Privacy: The Garrett Lee Smith Memorial Act, Nicholas D. Lawson

The Journal of Law and Education

No abstract provided.

The Unsung Heroes Of The Desegregation Of American Law Schools, Gail S. Stephenson

The Journal of Law and Education

No abstract provided.