Education Law Commons^™

Gender Stereotypes And Gender Identity In Public Schools, Dara E. Purvis

University of Richmond Law Review

Given the changing interpretation of Title IX, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated school dress codes have attempted to challenge the dress codes as violating their First Amendment free expression rights. Tracing these arguments is not only helpful as a historical exercise, but also to present alternative arguments under an unsympathetic presidential administration and Supreme Court. In today’s world in which the Trump administration …

University Inventions Reconsidered: Debunking The Myth Of University Ownership, Patricia E. Campbell

William & Mary Business Law Review

Most universities today assert ownership rights over all patentable inventions (and many other types of intellectual property) created by members of the university community, including faculty, staff, students, visitors, and others. Universities then attempt to license that intellectual property (IP) to third parties, in order to generate revenue for the university and to give the public the benefit of innovations developed by the institution, often with the use of federal funds. This Article provides an evaluation of the technology transfer policies and practices of U.S. universities. Part I surveys the IP policies of a representative group of universities, showing that …

Suspended For Sexual Misconduct, Now What?--The Sixth Circuit Splits From The Second On A Pleading Standard For Reverse Title Ix Actions, Thomas Campbell

SMU Law Review Forum

No abstract provided.

Endrew's Impact On Twice-Exceptional Students, Catherine A. Bell

William & Mary Law Review

Approximately 2 to 5 percent of the American student population qualifies as both gifted and learning disabled. These students, labeled by educators as “twice-exceptional,” generally demonstrate superior cognitive ability, yet also present profound weaknesses in seemingly basic skills. This disconnect in twice-exceptional students’ abilities produces great difficulties for America’s public schools.

Twice-exceptional students, as a result of their disability, can generally qualify for special education services under the federal Individuals with Disabilities Education Improvement Act of 2004 (IDEIA). Once a student qualifies for services under the IDEIA, he is entitled to receive a Free and Appropriate Public Education (FAPE). The …

When Is Due Process Due?: The Impact Of Title Ix Sexual Assault Adjudication On The Rights Of University Students, Rachael A. Goldman

Pepperdine Law Review

As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title IX is the primary legislation governing sexual assault and harassment allegations stemming from universities. This Note explores the use of Title IX in universities and addresses the concerns that arise when a civil rights law becomes the primary mechanism for adjudicating allegations of criminal conduct. Specifically, this Note addresses the due process concerns that arise when …

Rethinking Constitutionality In Education Rights Cases, Joshua E. Weishart

Arkansas Law Review

Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching judges, closing schools, stripping courts of jurisdiction, and holding legislators in contempt. Despite all the bluster, judges and legislators both anxiously await the curtain call, when they can bow out and terminate the matter. In the end, what passes for constitutionality in the successful cases is a school funding scheme judged “reasonably likely” or “reasonably calculated” to achieve an adequate or equitable education—as opposed to …

In The Room Where It Happens: Including The “Public’S Will” In Judicial Review Of Agency Action, Twinette L. Johnson

Arkansas Law Review

In the context of higher education reform, the people need to be in the important rooms where the decisions are being made. One such room is the courtroom. This essay elaborates on this premise, previously written about in an article I wrote entitled, 50,000 Voices Can’t Be Wrong, But Courts Might Be: How Chevron’s Existence Contributes to Retrenching the Higher Education Act. That article was the second in a series of three articles on the retrenchment of the Higher Education Act of 1965 (“HEA”) using the William Eskridge and John Ferejohn statutory entrenchment model.

Enforcing The Right To Public Education, Areto A. Imoukhuede

Arkansas Law Review

This paper suggests that although each state within the United States currently recognizes a right to public education, the states do not provide meaningful and consistent judicial enforcement of the right. Recognizing a federal fundamental right to public education would be a step towards ensuring meaningful and consistent judicial enforcement of the right.

Charter Schools, Academy Schools, And Related-Party Transactions: Same Scams, Different Countries, Preston C. Green Iii, Chelsea E. Connery

Arkansas Law Review

In the course of the last quarter century, governmental entities in both the United States and England have sought to encourage educational innovation by creating publicly funded schools that are independent from many of the rules that apply to locally controlled schools. These schools are called charter schools in the United States and academy schools (academies) in England. Private companies run a high percentage of these charter schools and academies. In the United States, these companies are commonly referred to as educational management organizations (EMOs). In England, these organizations are called academy trusts (ATs).

Unchartered Territory For The "Bluegrass State": Lessons To Be Learned From Over A Quarter-Century Of State Charter School Legislation, Kevin P. Brady, Wayne D. Lewis Jr.

Arkansas Law Review

Charter school success or failure is not simply a matter of chance. Both the existence and aggregate quality of charter schools in a state depend on the provisions of state charter school laws. These laws address a wide range of issues and vary from state to state. But the experiences of states with significant charter sectors, as well as those with innovative charter policies, provide important lessons for the charter school movement as a whole.

Perversity As Rationality In Teacher Evaluation, Scott R. Bauries

Arkansas Law Review

Rational basis review is broken. Consider a vignette: Imagine a student, Lisa, who is about to graduate high school. Lisa has already completed all of the graduation course requirements early and is spending her time during her senior year taking interesting electives and dual-enrollment college courses. The state has a statute that requires school districts to deny a diploma to any student “who, during the final year of school attendance, fails to achieve a passing score on the state-approved, end-of-course exams in the courses of Language Arts, Mathematics, Science, and Social Studies in which that student is then-currently enrolled.”

Breaking The Norm Of School Reform, Derek W. Black

Arkansas Law Review

Major school improvement efforts have failed in recent decades for two reasons. First, the endless pursuit of reform for reform’s sake over the last few years undermines school improvement.1 Second, we have abandoned or, at least, lost our focus on the fundamental educational goals that animated education policy decades—and sometimes centuries—ago. Those goals, while never fully attained, have always sought to move us to a more just system of public education. By losing that focus, our education systems remain wedded to practical norms that consistently undermine equal and adequate educational opportunities.

The State Of Education Reform, Danielle Weatherby

Arkansas Law Review

From the earliest days of the common school to the present struggle to meet the needs of an increasingly diverse population, the country has expected that education will equip citizens for economic survival and growth; prepare them for an increasingly global marketplace; strengthen the bonds among people from different racial, ethnic, cultural, and social class groups; and sustain the nation’s democratic institutions. If schools are to do their part in contributing to fulfilling these goals, they need to be extraordinarily resilient and resourceful, and they need to be open to change.

Land Of The Free (Appropriate Public Education), Home Of The Deprived: How Vocational Services Can Remedy Education Deprivations For Former Students With Disabilities, Maria N. Liberopoulos

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Individuals with Disabilities Education Act’s requirement that all children between the ages of three and twenty-one are provided a free and appropriate public education. This Note focuses on the relief available for students who are either older than twenty-one or who received a high school diploma, but who did not receive a free and appropriate public education. After delving into the remedy of compensatory education, this Note proposes the Office of Special Education and Rehabilitative Services of the Department of Education promulgate a new regulation that includes vocational training and services as a specific remedy under …

Flip It And Reverse It: Examining Reverse Gender Discrimination Claims Brought Under Title Ix, Courtney Joy Mcmullan

Washington and Lee Law Review

This Note begins in Part II by discussing the prevalence of campus sexual assault and the ways in which Title IX is used to address it on university campuses. Part III examines reverse Title IX claims by accused students, including the various causes of action and the pleading standards required. Part III also surveys the success of reverse Title IX claims using public pressure on universities to address sexual assault to support their allegations of gender discrimination. Part IV then evaluates the way summary judgment rules and burden-shifting frameworks affect the likelihood of success for reverse Title IX claims. Finally, …

Perceptions Of Student Organization Advisors Regarding Hazing And Antihazing Law, Paul Andrew Hermansdorfer

Theses, Dissertations and Capstones

Despite persistent and documented issues regarding hazing, scholarly attention remains limited. A review of the literature revealed the majority of studies focused on student perceptions and behavior. Faculty and staff, specifically student club and organization advisors, should be involved with the prevention of hazing, too, but first there must be an understanding of the perceptions and issues that challenge them. The purpose of this descriptive, cross-sectional, nonexperimental study was to examine student organization advisors’ awareness and perceptions of West Virginia Antihazing Law, awareness of hazing on their campuses, and responses if hazing were to occur. The study was administered to …

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

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

No abstract provided.

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …

Lawyer Regulation Stakeholder Networks And The Global Diffusion Of Ideas, Laurel S. Terry

Faculty Scholarly Works

This Article is a companion article to Laurel S. Terry, Global Networks and the Legal Profession, 53 Akron L. Rev. 137 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620399. That article explained why global networks are useful for lawyers and the clients they represent, introduced some of the scientific literature about networks, cited prior literature about (mostly domestic) legal profession networks, and then identified ways in which lawyers and their employers, including law firms, participate in global legal profession networks, as well as domestic networks.

This Article focuses on a subset of global legal profession networks, which are the global networks of lawyer regulation stakeholders. Section …

School Safety In Rural Settings, Daniel W. Eadens, Larry Walker, Vasily Yurin

Faculty Scholarship and Creative Works

Extreme violence is in our communities and sometimes flows into our schools. Read no further than the local newspapers if you want to see the impact on campus: physical violence, serious injury, suicide, mental crises, and threats with deadly weapon. In fact, the first documented school shooting in this country occurred in the year 1764 in rural Pennsylvania (Keenan & Rush, 2016). Unfortunately, shootings continue to plague our society and occur on rural school campuses today. Are rural schools safe? Is there a way to better predict school violence so it can be prevented? What kind of rural schools are …