Education Law Commons^™

The (White) Washing Of American History

Florida A & M University Law Review

In 2019, the New York Times Magazine released a special issue of its magazine, called the 1619 Project, entirely dedicated to reframing the founding of America and placing the consequences of slavery and the contributions of Black Americans as central to America. The 1619 Project quickly became a national lightning rod—the book version of the project reached the top 100 on the bestseller lists of Amazon.com and Barnes&Noble.com more than a month before its release date, and several states responded by banning the teaching of The 1619 Project in schools. Bans on teaching The 1619 Project have erroneously referred to …

Facultas Marginem: Assessing Disability Data And Public Aau Universities’ Affirmative Action Plans For Systemic Barriers Facing Faculty With Disabilities, Joseph Carlton Barry

Theses and Dissertations--Education Sciences

This dissertation contributes to education equity scholarship produced by academics seeking to develop understandings of disability, Persons with Disabilities (PWD), and how both are situated amongst faculty in institutions of higher education. As such, this dissertation centers on a study of public US universities belonging to the Association of American Universities (AAU). This study looks for institutional level associations between respective rates by which college and university faculty with disabilities (FWD) are employed, certain aspects of disability policy drawn from each institution’s 2020 Affirmative Action Plans (AAP), and various other instances of empirical disability data (EDD).

While this study contributes …

The Language Of Power: An Investigation Of How The Macropolitics Of Education Policy Affects The Micropolitics Of Schooling English Learners, Catherine E. Vannatter

Theses and Dissertations--Education Sciences

The population of English Learners (ELs) continues to increase across the United States, and these students persistently perform below their native English-speaking peers in measures of academic achievement. Federal government leaders passed the Every Student Succeeds Act (ESSA) in 2015, which modified how state and local educational agencies identify, instruct, assess, and reclassify ELs and revised what funding EL programming could receive. In this multiphase study, I investigated how the macropolitics of federal and state policy became enacted in the micropolitics of a mid-sized school district in Kentucky. Through an initial phase of document review followed by a mixed methods …

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

Scholarly Works

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement's presence squarely in the racist history of policing and school policing the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools must …

Are Discipline Code Proceedings Another Example Of Racial Disparities In Legal Education?, Andrea A. Curcio, Alexis Martinez

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew Patrick Shaw

South Carolina Law Review

No abstract provided.

Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel

Cardozo Journal of Conflict Resolution

This Article discusses conflicts with religious or worldview dimensions, and why creative approaches are uniquely suited to intervening in them. Conflicts centered around identity, cosmology, and other aspects of worldviews need tools that reach beyond presenting logic and traditional conflict intervention approaches to parties' "grammars of being." "Grammars of being" refer to structural ideas and values below the surface of conscious awareness that influence beliefs, opinions, and actions, just as grammar organizes written or spoken language. Arts-based strategies are promising because they offer aesthetic, embodied pathways that are often missed in more traditional interventions. Case examples drawn from our and …

Religious Mediation As A Tool To Resolve Disputes Between Religious Universities And Their Lgbt Students, Isaac Altman

Cardozo Journal of Conflict Resolution

Though the LGBT (Lesbian, Gay, Bisexual, and Transgender) rights movement has made immense strides in recent years, there are many people who have been left behind in the sprint towards LGBT equality. Some of those are students or prospective students at religious schools, who can face discriminatory attitudes or be rejected outright by these institutions. While religiosity is generally associated with positive mental health outcomes, research shows that LGBT people who experience religious identity conflict are at significant risk of suicide. Religious institutions, for their part, are scrambling to adjust to the new reality in which their positions on LGBT …

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

Battles Of The Mind: The Reaction Against Progressive Education, 1945-1959, Ben Yturri

Graduate Student Theses, Dissertations, & Professional Papers

This thesis discerns the relationships between three interrelated movements of the post-war period (circa 1945-1959): the overwhelming concern among leading intellectuals regarding the relationship between the individual and society, the post-war debates over education, and rising religious observance. Following WWII, the nation’s leading scholars and social critics addressed the most important problem facing the country and, for that matter, the world: how to avoid totalitarianism. Almost naturally, such anxieties influenced new debates over education. Broadly speaking, these controversies involved two related disputes over the efficacy of progressive education and the proper relationship between church and state. After World War II, …

Are High Levels Of Educator Bias Associated With The Disproportionate Discipline Of Black Students?, Melissa Ann Ramos

UNF Graduate Theses and Dissertations

Data on school discipline inequities have shown disproportionate numbers of Black students suspended and expelled compared to their non-Black counterparts. Despite the implementation of evidence-based solutions such as positive behavior supports and intervention, educator professional development, and restorative practices aimed at closing the racial discipline gap, little to no change has occurred. Critical Race Theory is used as a lens for viewing racial hierarchies as a socially constructed tool to oppress people of color. This oppression can be seen in various aspects of society and in education, especially in school discipline. It is fueled by biases, both implicit and explicit. …

Identifying The Plessy Remainder: State Exploitation Of Private Discriminatory-Impact Actions, Matthew P. Shaw

Vanderbilt Law School Faculty Publications

Public education in the U.S. is arguably more racially segregated now than it was in 1954, when the U.S. Supreme Court declared in Brown v. Board of Education "that in the field of public education the doctrine of separate but equal' has no place." Although scholars may differ in the extent they believe that racial integration might be necessary for educational equality, most agree that educational segregation, whether imposed by law, socioeconomics, or happenstance, is not likely to reverse in any meaningful way in the near future.

In the absence of a recognized federal right to education, federal-court- supervised school …

A Taxonomy Of Silencing: The Law’S 100 Year Suppression Of The Tulsa Race Massacre, Suzette M. Malveaux

Publications

Over one hundred years have passed since the 1921 brutal massacre of Tulsa’s African American community. This notorious attack came at the hands of a white mob and with the government’s blessing. With numerous centennial commemorations behind us, what has been learned? The answer to this question is crucial to preventing similar atrocities in the future.

One lesson is how important it is to tell the story—to honor the voices of those who lived through one of the most infamous government-sanctioned racial attacks in U.S. history. Knowledge is power.

Another lesson is how pernicious the law can be in silencing …

Identity By Committee, Scott Skinner-Thompson

Publications

Even in school districts with relatively permissive approaches to defining and embodying gender, the identities of transgender and gender variant students are often governed by complex regulatory protocols. Ensuring that a student is able to live their gender at school can involve input from a host of purported stakeholders including medical providers, mental health professionals, school administrators, the student’s parents, and even the broader community. In essence, trans and gender variant students’ identities are governed by committee, which reduces students’ control over their lives, inhibits self-determination, constricts the scope of permissible gender identities, subjects them to incredible degrees of state …

Oklahoma’S Health Education Act And The Benefit Of Comprehensive Sex Education Curriculum, Landes Bauter

Seattle Journal for Social Justice

No abstract provided.

Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders

Roger Williams University Law Review

No abstract provided.

The Root And Branches Of Structural School Racism In Missouri: A Story Of Failure By Design And The Illusion And Hypocrisy Of School Choice, Kimberly Jade Norwood, Ronald Alan Norwood

Scholarship@WashULaw

Since Missouri was first admitted into the Union as a slave state, it has been hostile to the education of its Black residents. This article examines the evolution of that hostility from 1821 through 2021 (from the most overt and blatant in the early years, to the subtler and covert in the modern era). Starting with the original total ban on the education of Black slaves to the reluctant allowance of separate but equal education for Black Missouri residents in 1865 after the Civil War and continuing with the separate but unequal policies that have thrived in the state from …

First Do Not Harm: Revisiting Meriwether V. Hartop And Academic Freedom In Higher Education, Inara Scott, Elizabeth Brown, Eric Yordy

American University Law Review

repeal and amend substantive statutes unilaterally, a power that can threaten bedrock commitments to our federalism and to our constitutional rights to the jury. The decisions about how and when to displace state law in favor of federal law and about how and when to grant powers to juries over judges cannot be vested in the Judicial Branch alone without the structural restraints of an Article III “case or controversy.” The paper concludes by offering some ways to fix our evidence law and to put it on firmer footing, permitting better power-sharing and dialogue between two branches of government—Congress and …

The Constitutional Costs Of School Policing, Maryam Ahranjani, Natalie Saing

American University Law Review

Responding to fears of violence and liability on K-12 campuses, local school boards and superintendents have made on-site or embedded school police omnipresent in American public schools. Yet, very little attention is paid to the many costs associated with their presence. When situating law enforcement’s presence squarely in the racist history of policing and school policing, the juxtaposition with the civic purpose of public education reveals significant constitutional costs. This Article builds on existing scholarship by bringing attention to the conflict between the First, Fourth, Fifth, Eighth, and Fourteenth Amendments and the dimensions of embedded school police. Ultimately, schools must …

Stereotypes, Sexism, And Superhuman Faculty, Teneille R. Brown

FIU Law Review

This symposium article explores how law professors with caretaking responsibilities struggled so greatly during the first year of the COVID-19 pandemic. Because legal academia prioritizes masculine ideals of competence over warmth, faculty were expected to suppress their emotions and mental health needs in order to maintain the appearance of competence. While students were allowed to be seen as vulnerable individuals needing accommodations, we did not extend this same compassion to our faculty colleagues. To explain why the treatment was so disparate, I incorporated existing research on the stereotype content model (SCM) and psychological theories of dehumanization. These theories help to …