Education Law Commons^™

Hb 338 - Turnaround Elligible Schools, Eleanor F. Miller, Heather E. Obelgoner

Georgia State University Law Review

The Act creates the position of Chief Turnaround Officer (CTO) and authorizes the State Board of Education, in collaboration with the State School Superintendent and the Education Turnaround Advisory Council, to search for and appoint the CTO. The CTO has the authority to recommend individuals to serve as turnaround coaches upon approval by the state board. The Act defines the term “turnaround eligible schools” and identifies factors upon which the CTO may identify such schools. The Act provides procedures by which the CTO and turnaround coaches shall intervene in such schools. The Act creates the Education Turnaround Advisory Council, which …

Peeling Back The Student Privacy Pledge, Alexi Pfeffer-Gillett

Duke Law & Technology Review

Education software is a multi-billion dollar industry that is rapidly growing. The federal government has encouraged this growth through a series of initiatives that reward schools for tracking and aggregating student data. Amid this increasingly digitized education landscape, parents and educators have begun to raise concerns about the scope and security of student data collection. Industry players, rather than policymakers, have so far led efforts to protect student data. Central to these efforts is the Student Privacy Pledge, a set of standards that providers of digital education services have voluntarily adopted. By many accounts, the Pledge has been a success. …

No Student Left Behind? Accommodating Students With Disabilities In Higher Education During The Trump Administration, Anne Marie Fristoe

North Carolina Central Law Review

No abstract provided.

A Systematic Look At A Serial Problem: Sexual Harassment Of Students By University Faculty, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Students With Disabilities, Ian Farrell, Cheslea Marx

Sturm College of Law: Faculty Scholarship

This Article addresses the impact of school voucher programs on students with disabilities. We show that for children with disabilities, the price of admission into so-called “school choice” programs is so high that it is effectively no real choice at all. School voucher programs require students with disabilities to sign away their robust federal rights and protections in the public school system. Under the Individuals with Disabilities Education Act (IDEA)—the preeminent legislative safeguard for students with disabilities—these rights include the right to a “free and appropriate public education” delivered through an “individualized education plan.” By giving up these protections, children …

More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano

Fordham Intellectual Property, Media and Entertainment Law Journal

Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership. The …

The Right To Education: An Analysis Through The Lens Of The Deontological Method Of Immanuel Kant, Kavana Ramaswamy

Northwestern Journal of Human Rights

The framework of categorical imperatives is one of the most famous deontological theories of rights that have been formulated. The framework has often been used to justify human rights policies all over the world. While they have been subject to several criticisms over the last two centuries, some of these include improvements to the original framework. This paper analyses the framework of the categorical imperatives and suggest certain modifications to improve internal coherence.

The paper then seeks to apply this framework to the right to education, a right that is under fire in the conservatively-charged political arena today. This is …

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None

The Confluence Of Language And Learning Disorders And The School-To-Prison Pipeline Among Minority Students Of Color: A Critical Race Theory, Shameka N. Johnson, Bahiyyah Muhammad

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Negotiated Rulemaking: A Method For Addressing Ambiguity Of Title Ix's Applicability To Transgender And Gender Non-Conforming Students, Greta Allardyce

The Modern American

No abstract provided.

Lessons Learned From Analyzing Parent Organizing Movements, Niraj Salhotra

The Modern American

No abstract provided.

A Drama Of Development: Gary Olson On Stanley Fish, Richard Mullender

Cardozo Law Review de•novo

Book Review of Gary A. Olson, Stanley Fish, America’s Enfant Terrible: The Authorized Biography

The 2015 University Of Missouri Protests And Their Lessons For Higher Education Policy And Administration, Ben L. Trachtenberg

Faculty Publications

In the tradition of legal narrative and storytelling, this Article explores how the University of Missouri managed to fare so badly after students began protesting during the fall of 2015. It draws upon both public sources and the author's own observations as a faculty leader. The Article reviews the details and context of the Missouri protests and then presents a case study of crisis management and conflict resolution gone awry. Applying observations about higher education policy and administration to the phenomenon of student protests - particularly those related to race - the Article identifies potential pitfalls for university administrators and …

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Northwestern Journal of Human Rights

No abstract provided.

Pickering, Garcetti, & Academic Freedom, Mark Strasser

Brooklyn Law Review

While the U. S. Supreme Court long ago recognized that individuals do not lose their free speech rights simply by virtue of being state employees, the contours of their First Amendment protections have been evolving over the past several decades. The proper way to apply these protections in the academic context is confusing, especially after Garcetti v. Ceballos in which the Court suggested that First Amendment protections do not attach insofar as individuals are speaking as employees rather than as citizens. The circuit courts have adopted a dizzying set of rules to determine when First Amendment protections are triggered in …

The Privacy Of The Public School, Emily Suski

Faculty Publications

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 …

The Privacy Of The Public School, Emily Suski

Faculty Publications

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 …

Understanding Secondary Immigration Enforcement: Immigrant Youth And Family Separation In A Border County, Nina Rabin

The Journal of Law and Education

No abstract provided.

Robin Hood, In Reverse: How Law School Scholarships Compound Inequality, Aaron N. Taylor

The Journal of Law and Education

No abstract provided.

Reform Of Higher Education Institutions: Getting Huesos En Vez De Huesitos, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.