Education Law Commons^™

Keynote Address, Justice John Paul Stevens (Ret.)

University of Miami Law Review

No abstract provided.

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff

University of Miami Law Review

No abstract provided.

A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave

University of Miami Law Review

This Article examines the procedural protections afforded by the top American colleges and universities. After briefly situating these policies historically, it presents original research on the procedural protections provided by the top twenty universities, top ten liberal arts colleges, and top five historically black colleges as ranked by U.S. News and World Reports. In 2015, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof, right to an adjudicatory hearing, right to confront and cross-examine witnesses, right to counsel, right to silence, and right to appeal. This Article describes …

Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth

University of Miami Law Review

Freedom of expression is at risk at colleges and universities across the country. While campus administrators employ a number of strategies to censor speech they disfavor, this piece explores the trend of justifying censorship and punishment of expression by labeling it a “threat” and citing concerns about safety. In contrast to the kind of speech the Supreme Court has defined as a “true threat,” the expression at issue in the cases discussed here poses no safety risk, comprising political commentary, jokes, and pop culture references. Its punishment both trivializes actual dangers and chills campus discourse. Accordingly, it is imperative that …

The Limits Of Education Purpose Limitations, Elana Zeide

University of Miami Law Review

While student privacy has been a public issue for half a century, its contours change in response to social norms, technological capabilities, and political ideologies. The Family Educational Rights and Privacy Act (FERPA) seeks to prevent inaccurate or inappropriate information about students from being incorporated into pedagogical, academic, and employment decisionmaking. It does so by con- trolling who can access education records and, broadly, for what purposes.

New education technologies take advantage of cloud computing and big data analytics to collect and share an unprecedented amount of information about students in class- rooms. Schools rely on outside, often for-profit, entities …

Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato

University of Miami Law Review

College journalists are in a unique position. On one hand, they are typical college students, attending classes and cheering on the team at all the big games. On the other, they serve as investigative journalists, revealing the university’s deepest flaws on the front page of their newspaper. These roles should not be mutually exclusive, but at an alarming rate, universities are attempting to rid themselves of bad press by censoring their own campus newspapers.

This Note argues that universities can get away with this because of the current structure of the public forum doctrine. This doctrine determines the extent to …

Back To Benevolence: The Case For Internet Access In Nevada's Juvenile Detention Centers, Michael Coggeshall

Nevada Law Journal

No abstract provided.

Schools, Speech, And Smartphones: Online Speech And The Evolution Of The Tinker Standard, Aleaha Jones

Duke Law & Technology Review

Under the Supreme Court’s holding in Tinker v. Des Moines Independent Community School District, public schools may only restrict student speech where the speech is reasonably forecasted to cause a “substantial and material disruption.” With online forums calling into question who may control speech and forecast its impact, the circuit courts have granted public schools broad authority to monitor, and punish, their students for online activity that occurs off-campus. The Supreme Court recently declined the opportunity to reverse this disturbing trend by denying certiorari for Bell v. Itawamba County. As a result, questions remain unanswered regarding students’ right to free …

Being A Transgendered Student: An Uphill Fight For Equality, Brian Eisner

Journal of Civil Rights and Economic Development

No abstract provided.

Educating Incarcerated Youth In Illinois: A Blended Learning Model, John Sonnenberg

Dissertations

The purpose of this case study was to better understand the reasons behind the apparent continued success of a blended learning educational model in place since 2012 in the Illinois Department of Juvenile Justice (IDJJ). Using a mixed methods approach, data were gathered and analyzed from a variety of records, reports, and other documentation that included: diplomas awarded, courses taken, course completion, enrollment trends, student mobility rates, GED testing information, and special education student enrollment and performance. Data were also gathered through classroom observations and individual and group interviews with the IDJJ district superintendent, principals, and teachers at six different …

The Racial Politics Of Elementary School Choice For Black Parents Living In Brooklyn, Ny, Shannon N. Allen

Dissertations, Theses, and Capstone Projects

Charter school proliferation has disproportionately affected Black urban neighborhoods and the debate about the relationship between racial educational equity and enhanced public school choice through charters has created dissension and discord in scholarship and across Black politics, educational organizing efforts, neighborhoods, and school communities. This study is an interpretive policy analysis of the effects of charter school policy on the elementary school choice preferences and experiences of twenty Black parents living in predominately low-income and racially segregated Black Brooklyn neighborhoods where charter schools are disproportionately concentrated. It was designed to identify disparities between the values and goals of school choice …

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.

Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull

Northwestern University Law Review

Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …

More Public Education Needed On Changes To Ep System, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.

Achieving The Promise Of Assistive Technology: Why Assistive Technology Evaluations Are Essential For Compliance With The Individuals With Disabilities Education Act, Alexandra Abend

Cardozo Law Review

The note advocates for a more rigorous and proactive approach to incorporating assistive technology (AT) in special education, arguing that it is essential for ensuring students with disabilities receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). It critiques the current legal standard established by Rowley as insufficient, calling for a higher threshold that prioritizes maximizing educational opportunities. The analysis emphasizes the importance of comprehensive AT evaluations and the need for systemic improvements to prevent procedural violations and ensure effective implementation of AT in Individualized Education Programs (IEPs).

The Textbook Case, Patrick S. Duffy

The Catholic Lawyer

No abstract provided.

The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley

Pepperdine Law Review

State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards. Accordingly, this Article proposes new statutory remedies that could bridge the gap between …

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …

Mapping The Title Ix Iceberg: Sexual Harassment (Mostly) In Graduate School By College Faculty, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.

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

Articles

No abstract provided.