Education Law Commons^™

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.

Legal Contexts Of Education, Vanessa Garry

Open Educational Resources Collection

This is a collection of readings relevant to local Saint Louis, Missouri state and United States federal, laws and cases as they relate to education policies. The readings are organized by topic, as show below.

The First Amendment

• Tinker v. Des Moines School Dist.
• Hazelwood School District v. Kuhlmeier
• Bethel School Dist. No. 403 v. Fraser
• What Does Free Speech Mean?

The Fourth Amendment

• New Jersey v. T. L. O.
• What Does the Fourth Amendment Mean?

The Eighth Amendment

• Ingraham v. Wright

The Fourteenth Amendment

• Goss v. Lopez
• Honig v. Doe

Missouri Laws

• Stewart v. Board of Ed. of Ritenour …

Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez

Journal of the National Association of Administrative Law Judiciary

Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil Rights …

Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest IDEA amendments. …

From Crime And Punishment To Harm And Healing, Louis L. Fletcher Phd, David Watson

National Youth Advocacy & Resilience Conference

Expulsion hearings do not have to be contentious events. Using restorative practices in an accountable environment changes the expulsion hearing into an alternative placement discussion where parents, students, and school officials figure out the next step together.

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 …