Education Law Commons^™

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 …

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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 …

The Supreme Court And Education Law, Charles J. Russo

Educational Leadership Faculty Publications

Compiling a “top 10” list of anything— including Supreme Court cases and justices’ quotes—can be fraught with differences of opinion. Yet discussions about those differences can be useful learning activities, because they can lead to conversations about the underlying legal issues in schools. With that caveat in mind, this column offers key quotes from major Supreme Court cases that played major, even transformational, roles in shaping the landscape of U.S. K–12 education. The quotes are accompanied by brief summaries of why the cases are significant. With the exception of Brown v. Board of Education, Topeka, Kansas (1954), the most important …

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …

When An Educational Process Becomes A Kangaroo Court: University Judicial Proceedings In Cases Of Sexual Assault, Rachel Azarow

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Cyberbullying, K-12 Public Schools, And The 1st Amendment, Jennifer A. Mezzina

Seton Hall University Dissertations and Theses (ETDs)

The first amendment protected students’ first amendment rights in K-12 public schools; however, state antibullying legislation required school officials to discipline students for bullying and, in most states, cyberbullying as well. An increasing number of students had access to mobile devices at home and during the school day. School officials had the responsibility to protect students from instances of bullying and cyberbullying; however, school officials did not fully understand the extent of their authority to discipline students for acts of bullying that occurred online, off school grounds. Despite the existence of state antibullying laws in all fifty states, contradictory appellate …

Funding Public Education: A Need For Legislative Reform, Felix L. D'Arienzo

The Catholic Lawyer

No abstract provided.

Roe V. Doe: Child's Right To A College Education V. Parent's Right Of Control, William C. Podurgiel

The Catholic Lawyer

No abstract provided.

Equal Educational Opportunity: A Case For The Children, Kathaleen B. Burke

The Catholic Lawyer

No abstract provided.

Fixer Upper: Reforming Vergara’S Teacher Tenure Statutes, Abigail Hoglund-Shen

William & Mary Bill of Rights Journal

No abstract provided.

Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

University of Miami Law Review

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary …

The Washington State Constitution And Charter Schools: A General And Uniform Prohibition?, Asti Gallina

Washington Law Review

In its 2015 opinion in Washington League of Women Voters v. State, the Washington State Supreme Court invalidated Initiative 1240—which authorized the creation of charter schools. The Court considered two issues on appeal: (1) that the charter schools unconstitutionally diverted common school funds to non-common schools; and (2) that the charter schools violated article IX, section 2 requiring the legislature to establish a “general and uniform system of common schools.” The Court resolved the case on the common school fund issue and did not reach the “general and uniform” challenge. In its slip opinion, the Court had included a …

Positive Education Federalism: The Promise Of Equality After The Every Student Succeeds Act, Christian B. Sundquist

Mercer Law Review

The accepted narrative of the American public education system is one of decline, educational "crisis," and systemic failure. Our public schools increasingly are segregated by race and class in the post-Brown era, while fundamental social inequalities persist among schools in regards to educational quality, financing, and outcomes. Long viewed as essential to the economic and democratic development of America's citizenry, our unequal system of universal public education has forsaken the "faces at the bottom of [the] well" in an era of deregulation and decreased social welfare funding. ...

Part I of this Article explores traditional conceptions of federalism as a …