Education Law Commons^™

Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison

Journal of College Access

Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.

Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer

Minnesota Journal of Law & Inequality

No abstract provided.

I Would Like To Request Your Academic Records: Ferpa Protections And The Washington Public Records Act, Tevon Edwards

Washington Law Review

The Washington Public Records Act is a broad mandate for the release of almost all public records. In response to a request, a state or local agency must produce the requested records unless a specific exemption applies. In part to enforce compliance on public agencies, the Public Records Act requires that a requester be compensated for statutory fees, costs, and attorneys’ fees if a government agency declines to provide a public record, is challenged, and the requester succeeds in court. However, within public education agencies, compliance with the Washington Public Records Act can run against the agencies’ requirements under the …

Litigating Trauma As Disability In American Schools, Taylor N. Mullaney

Northwestern Journal of Law & Social Policy

No abstract provided.

Assessing Students' Civil Rights Claims Against School Resource Officers, Kerrin C. Wolf

Pace Law Review

Police officers stationed in public schools, commonly referred to as school resource officers (SROs), have become commonplace in the United States over the past twenty-five years. Their primary responsibility is to maintain order and safety in schools, but they also serve as counselors and mentors for students, and teach classes related to drug and alcohol abuse, gang avoidance, and other topics. SROs’ presence in schools raises important legal questions because they interact with students on a daily basis and are directly involved in schools’ efforts to control student behavior through school discipline and security. Additionally, a series of Supreme Court …

Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas

William & Mary Journal of Race, Gender, and Social Justice

Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.

The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Application Of The Specific Learning Disability Exclusionary Clause As Practiced By Virginia School Psychologists, Kaitlynn Carter

Educational Specialist, 2009-2019

When special education eligibility is being determined under Specific Learning Disability, the exclusionary clause needs to be carefully considered. The current study was concerned with the exclusions of cultural factors, environmental or economic disadvantage, and limited English proficiency. The study used a semi-structured interview to explore when and how the exclusionary clause is considered by school psychologists in Virginia and what type of impact it has on eligibility decisions. Ten school psychologists were contacted via the email database of the Virginia Department of Education and completed a phone interview. Grounded theory was used to investigate the themes and ideas regarding …

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making. Public …

Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant

Michigan Journal of Gender & Law

The Education Amendments of 1972 introduced requirements to protect female students from discriminatory policies at post-secondary institutions. A portion of those amendments, commonly known as Title IX, require that no students be subjected to discrimination based on their sex by any educational institution or activity receiving federal financial assistance. An exemption under § 1681(a)(4), however, explicitly prohibits application of Title IX to any educational institution whose primary purpose is to train individuals for military service or the merchant marine. Although those students are still subject to stringent conduct standards, the service academies themselves are tethered to sex discrimination policies only …

A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton

UNLV Gaming Law Journal

No abstract provided.

No Child Left Behind Bars: Suspending Willful Defiance To Disassemble The School-To-Prison Pipeline, Danielle Dankner

Loyola of Los Angeles Law Review

With the criminalization of school discipline and the subsequent increased involvement between students and the juvenile justice system, a path from school to prison became entrenched. Public schools across the nation continued to increase their reliance on punitive disciplinary measures to punish a range of behaviors. Through these measures, schools began to perceive pushed out students as problematic, despite the lack of evidence supporting the efficacy of such policies. Due to school disciplinarians’ implicit bias when enforcing exclusionary policies, students of color and students with disabilities are most at risk. In the hopes of alleviating the devastating effects of the …

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article concludes that …

Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron

Nevada Law Journal

Fourth Amendment standards regarding seizures and uses of force against juveniles in schools require a critical reassessment. Although jurists and scholars have paid it scant attention, this branch of Fourth Amendment doctrine offers a valuable lens for understanding the school-to-prison pipeline and the power of law enforcement officers to detain, handcuff, and use force against schoolchildren. While the Supreme Court has announced principles regarding the Fourth Amendment in schools generally, it has never addressed this issue directly.

This Article explores empirical findings on the role of law enforcement in schools and the unique characteristics of juveniles that should impact Fourth …

University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller

Michigan Law Review

Universities are meant to be open marketplaces of ideas. This requires a commitment to both freedom of expression and inclusivity, two values that may conflict. When public universities seek to promote inclusivity by prohibiting or punishing speech that is protected by the First Amendment, courts must intervene to vindicate students’ rights. Currently, courts are split over the appropriate mode of analysis for reviewing public university regulation of student speech. This Note seeks to aid judicial review by clarifying the three existing approaches—public forum analysis, traditional categorical analysis, and a modified version of the Supreme Court’s education-specific speech doctrine—and proposes a …

Title Ix Violations Arising From Title Ix Investigations: The Snake Is Eating Its Own Tail, Joe Dryden, David Stader, Jeanne L. Surface

Idaho Law Review

In 2011, the Department of Education Office of Civil Rights published a Dear Colleague Letter (DCL) detailing the department’s views on the roles and responsibilities of colleges and universities under Title IX specifically as they relate to allegations of sexual assault. Numerous studies conclude that close to 1 in 5 college women are sexually assaulted while enrolled in institutions of higher education. Many of these studies are flawed yet they are being used as the justification for administrative overreach. Despite not having the legal authority, the DCL changed the legal standard to be applied when conducting sexual assault investigations from …

Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Concerning The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel

Idaho Law Review

No abstract provided.

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.

The Validity Of Validity In Debra P.: Judicial And Psychometric Perspectives On Test Consequences, Charles Olney, Brent Duckor

Faculty Publications

We explore the uses and functions of ‘validity’ as a boundary marker between legal theory and psychometrics. Standardized testing regimes rely on experts to articulate the limits of validity. When challenged in courts, these limits become the subject of contestation, requiring practitioners to litigate the validity of validity. This process generates significant discontinuities, resulting from different conceptual relationships to the idea of validity. Through a qualitative textual analysis of specific case law and a quantitative examination of Lexis-Nexis database archives, we trace how legal reasoning elides new developments in psychometric research that would broaden and enrich judicial treatments while showing …

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …