Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

6,073 Full-Text Articles 5,106 Authors 8,291,469 Downloads 212 Institutions

All Articles in Education Law

Faceted Search

6,073 full-text articles. Page 78 of 165.

In Translation: An Examination Of Esl Policy On Paper As It Relates To The Realities Of Implementation, Grace M. Cuevas 2018 James Madison University

In Translation: An Examination Of Esl Policy On Paper As It Relates To The Realities Of Implementation, Grace M. Cuevas

Senior Honors Projects, 2010-2019

This honors research project explores the features of Title III requirements as they relate to the actual experience of students and their families. This paper synthesizes my experience researching English as a Second Language (ESL) specific supports and policy to inform my time spent accompanying an upper-level administrator for the Harrisonburg City Public School (HCPS) system, and interviewing professionals at an area school. In this paper I outline the results of interviews with 13 service providers. Interviews examined the “letter of the law” and the subsequent “spirit of the law” through application of a social work lens to the different …


Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman 2018 Michigan State University

Education Reform And Detroit’S Right To Literacy Litigation, Kristine L. Bowman

Washington and Lee Law Review Online

Ongoing education reform litigation arising out of Detroit, Michigan presents an innovative claim: Children have an unenumerated federal constitutional right of access to literacy. On June 29, 2018, the district court granted defendants’ motion to dismiss. The case is now on appeal to the Sixth Circuit and is expected to be argued in the first half of 2019. This litigation has already broken new ground and, regardless of the ultimate outcome, it is valuable because it invites us to revisit fundamental questions about rights, remedies, and the role of courts in education reform.


Sb 339 - Education, Daniel F. Barrett, Alexander Hegner 2018 Georgia State University College of Law

Sb 339 - Education, Daniel F. Barrett, Alexander Hegner

Georgia State University Law Review

The Act amends the statutes in the Georgia Code applicable to the University System and Board of Regents statutes in the Georgia Code. It adds new sections that place affirmative requirements on the Board of Regents to adopt and publish new policies, which aim to encourage the dissemination of free speech across university campuses. Further, the Act directs that universities must implement disciplinary sanctions for anyone subject to the jurisdiction of the University System who interferes with the free speech of invited speakers and others on campus. Finally, the Board of Regents must publish annual reports regarding any barriers to …


The Purpose (And Limits) Of The University, John Inazu 2018 SJ Quinney College of Law, University of Utah

The Purpose (And Limits) Of The University, John Inazu

Utah Law Review

Scholars of the university have produced volumes about growing pressures on the coherence and purpose of institutions of higher education. Meanwhile, legal scholars’ writing about the university has typically focused on its First Amendment dimensions. This Article links insights from these two groups of scholars to explore the purpose of the university and defend it against increasing technological, ideological, and cultural pressures. It argues that a better understanding of the relationship between the First Amendment and the university can help strengthen the coherence of the university’s purpose against these pressures. The connection between the First Amendment and institutional purpose is …


Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler 2018 Fordham University School of Law

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …


Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Chemical, Biological, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck 2018 Yale University

Preparing For The Apocalypse: A Multi-Prong Proposal To Develop Countermeasures For Chemical, Biological, Radiological, And Nuclear Threats, Constance E. Bagley, Anat Alon-Beck

Cardozo Law Review

The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI). DHCI is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by chemical, biological, radiological, and nuclear (CBRN) attacks. Key elements of our proposal include the use of the government's Other Transaction Authority to simplify procurement arrangements, the establishment …


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. McGuire 2018 Duke Law

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …


The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole 2018 University of Florida Levin College of Law

The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole

Florida Law Review

The past few decades have witnessed a major increase in each successive generation of youth reporting higher levels of mental illness. The detrimental effects of mental disorders, including depression and anxiety, demand a solution that addresses a change in thinking and wellbeing among youth. Research illustrates the substantial impact the teachings of positive psychology have on developing minds. Additionally, positive psychology addresses and attempts to remedy many of the proposed factors contributing to youth depression and anxiety. This Note calls for legislation to introduce positive psychology classes on a statewide level within the K–12 curriculum in all Florida public schools.


Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin 2018 Northwestern Pritzker School of Law

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew …


Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen 2018 Brigham Young University Law School

Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen

Brigham Young University Education and Law Journal

No abstract provided.


Keeping The "I" In The Idea: A Response To A Proposal To Abandon Individualization In Special Education In Favor Of Rule-Based Delivery Models, Thomas A. Mayes 2018 Brigham Young University Law School

Keeping The "I" In The Idea: A Response To A Proposal To Abandon Individualization In Special Education In Favor Of Rule-Based Delivery Models, Thomas A. Mayes

Brigham Young University Education and Law Journal

No abstract provided.


Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac 2018 University of Maine School of Law

Keeping Up With New Legal Titles: The Legal Research Manual With Video Modules, 2nd Ed., Christine Iaconeta Dulac

Faculty Publications

The Legal Research Survival Manual with Video Modules, by Robert Berring and Michael Levy, is an eighty-seven-page book written in a conversational, informal tone, packed with all the information new legal researchers need to survive their early days in the law library. The book's intended audience are novice legal researchers, in particular first-year law students. The authors have filled the pages with sage advice but left out material novices are not likely to encounter during the first year of law school. The authors, with the help of two additional experts, have added twelve online videos readers can access for expanded …


You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby 2018 Cornell Law School, 2019

You Are Not Cordially Invited: How Universities Maintain First Amendment Rights And Safety In The Midst Of Controversial On-Campus Speakers, Alyson R. Hamby

Cornell Law Review

Against a backdrop of national political turmoil, universities have experienced volatile reactions from their student bodies and outsiders in protest of the inflammatory speakers that schools host on their campuses. This Note discusses the tension between First Amendment protections and tort liability in the context of higher education. Specifically, it focuses on the interplay between controversial, on-campus speakers and the violent protests that arise in reaction to them. While examining this interaction, this Note emphasizes the legal duties of academic institutions in facilitating these on-campus speakers while also protecting their students’ constitutional rights and safety. In examining these conflicts, the …


Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin 2018 Fordham University School of Law

Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin

Fordham Law Review

Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes …


Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton 2018 William & Mary Law School

Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton

William & Mary Bill of Rights Journal

No abstract provided.


Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski 2018 SIT Study Abroad

Schooling Silence: Sexual Harassment And Its Presence And Perception At Uganda’S Universities And Secondary Schools, Elena Mieszczanski

Independent Study Project (ISP) Collection

Although reports indicate that a majority of students in Uganda are sexually abused while in school, sexual harassment and its impact on educational attainment is a rampant yet understudied problem (The Uganda National Strategic Plan on Violence Against Children in Schools, 2015). While harassment in schools by teachers and students is not the only factor leading to high dropout rates among students, the behavior of teachers and students in school, and the lack of discipline towards their actions is an internal contribution to this effect. This study aims to better understand the perceptions on what constitutes “sexual harassment” in Uganda …


An Econometric Analysis Of North Carolina's Legislative Right To Counsel, Adam Ross Nelson, Christopher J. Ryan Jr. 2018 University of South Carolina

An Econometric Analysis Of North Carolina's Legislative Right To Counsel, Adam Ross Nelson, Christopher J. Ryan Jr.

The Journal of Law and Education

No abstract provided.


A Therapeutic Jurisprudence Analysis Of Government's Directives On Student To Student Campus Rape, Carol L. Zeiner 2018 University of South Carolina

A Therapeutic Jurisprudence Analysis Of Government's Directives On Student To Student Campus Rape, Carol L. Zeiner

The Journal of Law and Education

No abstract provided.


Endrew F.: An Appropriate Perspective Of Reality, Perry A. Zirkel 2018 University of South Carolina

Endrew F.: An Appropriate Perspective Of Reality, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Recent Decisions, 2018 University of South Carolina

Recent Decisions

The Journal of Law and Education

No abstract provided.


Digital Commons powered by bepress