Education Law Commons^™

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student population. As …

School Discipline In Arkansas, Sarah C. Mckenzie, Gary W. Ritter

Policy Briefs

This brief examines school discipline practices and outcomes in Arkansas. Using data publicly available from the Arkansas Department of Education, we examine state-wide discipline trends, summarize the analysis on school-level data demonstrating disparities in student discipline, and make recommendations for utilizing this information.

With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince

Cleveland State Law Review

Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right to …

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

University of Richmond Law Review

No abstract provided.

Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin

Fordham Law Review

This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery in …

Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau

Fordham Law Review

In 2009, state legislatures began to enact concussion safety laws to protect youth athletes suffering from traumatic brain injuries sustained during the course of play. By 2014, all fifty states and the District of Columbia had enacted some form of youth sports concussion legislation. Yet these statutes vary widely across states in terms of the protections offered to youth athletes. This Note provides an analysis of state legislation by classifying all fifty-one statutes among distinct tiers ranging from least to most protective.

Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk

University of Miami Law Review

No abstract provided.

Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez

University of Miami Law Review

No abstract provided.

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …

The State Response To Hazelwood V. Kuhlmeier, Tyler J. Buller

Maine Law Review

It’s hard to predict what an average member of the public thinks when he or she hears the words “student newspaper.” Opinions vary. This Article goes beyond that public perception and demonstrates that student journalists across the country are doing work that matters. Student reporters uncover corruption, help hold government officials accountable to taxpayers and the public, and bring to light important issues that would otherwise go unreported. They allow students to develop academically, professionally, and socially. And they give a voice to developing citizens who are often disenfranchised from voting, holding elected office, or otherwise participating in politics and …

The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley

Journal of the National Association of Administrative Law Judiciary

In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted …

The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer

Journal of the National Association of Administrative Law Judiciary

This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The overall …

Sidelining Big Business In Intercollegiate Athletics: How The Ncaa Can De-Escalate The Arms Race By Implementing A Budgetary Allocation For Athletic Departments, Lora Weurdeman

North Carolina Central Law Review

No abstract provided.

Addressing Conflicts Of Interest In The Context Of Campus Sexual Violence, Talcott J. Franklin, Dennis C. Taylor, Ann Beytagh

Brigham Young University Education and Law Journal

No abstract provided.

Safe At Home: Establishing A Fundamental Right To Homeschooling, Billy Gage Raley

Brigham Young University Education and Law Journal

No abstract provided.

Burning Out: The Effect Of Burnout On Special Education, Jordan Radford Mcdowell

Brigham Young University Education and Law Journal

No abstract provided.

Beacon Or Bludgeon? Use Of Regulatory Guidance By The Office For Civil Rights, Stephen S. Worthington

Brigham Young University Education and Law Journal

No abstract provided.

Dangerous Classroom "App"-Titude: Protecting Student Privacy From Third-Party Educational Service Providers, Alexis M. Peddy

Brigham Young University Education and Law Journal

No abstract provided.

A First Amendment Deference Approach For Reforming Anti-Bullying Laws, Emily Suski

Faculty Publications

This Article examines the anti-bullying laws and their response to the problem of bullying in light of both the nature of the problem itself, the interventions the laws call for, and the laws’ First Amendment implications. Bullying has many varied, negative consequences, some tragic, and is widespread. Yet, the anti-bullying laws disproportionately focus schools’ responses to bullying on school exclusion, meaning suspending, expelling or otherwise excluding students who bully from school. This is so even though social science literature has found school exclusion ineffective and sometimes counterproductive as a method for addressing bullying. What is more, because much of bullying …

Handcuffing A Third Grader? Interactions Between School Resource Officers And Students With Disabilities, Elizabeth A. Shaver, Janet R. Decker

Utah Law Review

The expansion of police involvement at schools has had serious implications for students with disabilities. By enacting IDEA, Congress recognized that these students deserve special protections and entitlements. In the most recent amendments to this federal law, Congress included important guidelines regarding functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) to outline how school personnel must respond to undesired behavior of students with disabilities. Recognizing the special behavioral needs of students with disabilities is one way to reduce the current reality where students with disabilities are suspended, expelled, restrained, and secluded at much higher rates than their peers.

Although …