Education Law Commons^™

The Right To Public Education And The School To Prison Pipeline, Areto A. Imoukuede

Journal Publications

The school-to-prison. pipeline is a controversial concept and a disappointing reality. It refers to the draconian disciplinary "trend of schools directly referring students to law enforcement or creating conditions under which students are more likely to become involved in the justice system-such as suspending or expelling them." Public schools are intended to primarily be institutions for public education. It is clear that serving as a pipeline to prison is not the central purpose of the public school. The purpose of public education is to provide students an opportunity to develop their capabilities and grow as individuals. Public education is intended …

It Takes A Village: Empowering The Dead Broke Parent, Wendy Tolson Ross

Faculty Works

No abstract provided.

Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden

Fordham Intellectual Property, Media and Entertainment Law Journal

Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …

Lessons Learned From Texas' Special Education Cap, Raj Salhotra

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins

Faculty Scholarship

No abstract provided.

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

Scholarship@WashULaw

Scholars of the university have written volumes about contemporary challenges to higher education. Meanwhile, legal scholars writing about the university have typically focused on its First Amendment dimensions rather than on those challenges. This Article links insights from these two groups of scholars to clarify and defend the purpose of the public university against growing technological, ideological, and cultural pressures. It argues that a better understanding of the relationship between the First Amendment and the public university can help strengthen the coherence of the university’s purpose against growing technological, ideological, and cultural pressures. The connection between the First Amendment and …

Restructuring The Elementary And Secondary Education Act’S Approach To Equity, Kimberly Jenkins Robinson

Law Faculty Publications

The United States stands at a crossroads regarding educational equity. On one road, the Every Student Succeeds Act (ESSA), the current reauthorization of the Elementary and Secondary Education Act (ESEA), greatly reduced federal involvement in education and returned control to state and local governments that had repeatedly criticized the prescriptive nature of the No Child Left Behind Act of 2001. In the wake of this federal retreat, state and local control of education without effective federal oversight creates grave concerns for those who advocate for economically disadvantaged and minority students, including many civil rights groups. History confirms that states and …

Every English Learner Succeeds: The Need For Uniform Entry And Exit Requirements, Ana A. Núñez Cárdenas

Brooklyn Law Review

While the number of English Learners (ELs) continues to significantly grow in the United States, the focus on their education is still severely lacking. During the No Child Left Behind (NCLB) era, the federal role in education greatly expanded, holding states accountable for their practices and ensuring academic proficiency. Even with the federal government’s expanded role ELs’ academic achievements did not improve and were further frustrated under the NCLB. In 2005, the Every Student Succeeds Act (ESSA) was introduced to ameliorate the harmful stain the NCLB left on education. Under the ESSA, the states regained both their autonomy and flexibility …

Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks

Publications

Conventional interpretations of building codes are among the greatest barriers to building the gender-neutral bathrooms of the future. Focusing on the example of schools, this Essay argues for a reinterpretation of the International Building Code in light of its policy goals: safe, private, and equitable access to public bathrooms. Under this reinterpretation, the Code allows all public bathrooms to be gender-neutral.

The Future Of Lower-Income Students In Higher Education: Rethinking The Pell Program And Federal Tax Incentives, Camilla E. Watson

Scholarly Works

As the costs of higher education have soared, the value of Pell grants has declined, making it more difficult for lower-income students to obtain an education without being hopelessly mired in debt. This article traces the evolution of the Pell program and discusses the diametrically opposed proposals of Presidents Obama and Trump to reform federal funding for higher education. The article proposes an alternative plan that would require a redirection of a portion of the funds from the Pell program and a reshuffling of the current tax incentives for higher education. The advantages of this proposal are that it would …

Accreditation Under Fire: How Striking A Balance Between Accreditor Accountability And Autonomy Can Strengthen Educational Quality, Tyler J. Bishoff

Roger Williams University Law Review

No abstract provided.

A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals

SMU Law Review

This article analyzes the current state of the special education system in Texas following the 85th Legislative Session, focusing on the practical and legal implications of the limitation imposed by the Texas Education Agency in 2004 before analyzing Senate Bill 160, which requires Texas to remove the limitation on special education services, and its future impact on special education in Texas. Additionally, this article addresses Senate Bill 927, which outlined a plan to ensure that students who were previously denied services receive an adequate evaluation, why the legislation failed, and potential remedies for students who have been negatively impacted by …

Risky Sexual Behavior -- The "Broken Windows" Of Sexual Assault: A Proposal For Universities To Incorporate Targeted Intervention To Bridge The Gap Between Sexual Assault Prevention And Response, Dominic Angiollo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Students Fall Victim To Hazing Epidemic: Unity At What Cost?, Helene Bruckner

Touro Law Review

No abstract provided.

California As A “Blue-Print’ For Progressive Immigration Reform?: Uncovering Racial Liberalism To Expose Reconfigured Anti-Migrant Hegemony, Edith Jaicel Ortega

Scripps Senior Theses

Using the frames of analysis and language of political whiteness and anti-migrant hegemony, this paper examines the narrative of liberal immigration reformers transforming California’s political landscape within the period of 1994 to 2017. Taken as case studies the following articles of legislation are analyzed: Proposition 187 in 1994, the California Dream Act in 2010, the Trust Act in 2014, up to the present Senate Bill 54 in 2017. The paper finds that while California has experienced a recognizable shift in racial liberalism in rhetoric and legislation, its overall policy continues to work within the framework of anti-migrant hegemony that functions …

Free Expression On Campus: Mitigating The Costs Of Contentious Speakers, Suzanne B. Goldberg

Faculty Scholarship

“If you’re afraid to offend, you can’t be honest.”

“If you offend me, I can’t hear what you’re trying to tell me.”

—overheard on campus

The debate over how colleges and universities should respond to contentious guest speakers on campus is not a new one. A quick look back to the early 1990s, among other times, shows commentators squaring off much as they do today about the tensions between protecting free expression and ensuring meaningful equality.

Perhaps not surprisingly, the issues that contested speakers address are also much the same as they have been for several decades – government action …

Advocacy In Ideas: Legal Education And Social Movements, Monica Bell, Tanya K. Hernandez, Solangel Maldonado, Rachelle Perkins, Chantal Thomas, Olatunde C.A. Johnson, Elsie Lopez

Faculty Scholarship

Panel moderated by Professor Olatunde Johnson, featuring Professors Monica Bell, Tanya K. Hernández, Solangel Maldonado, and Chantal Thomas. Introduced by Elise Lopez.

A Dream Still Deferred: The Unlawful Use Of Student Fees For Instructional Technology In An Alabama Public School Causing A Disparate Impact For Minority Children, Taurus Myhand

Scholarly Works

In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama. This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory …

Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward

William & Mary Bill of Rights Journal

No abstract provided.

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …