Education Law Commons^™

Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler

Cardozo Journal of Conflict Resolution

This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.

Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler

Cardozo Journal of Conflict Resolution

Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.

Title Ix At 45: Equal Treatment Of Students In High School Athletic Programs, Suzanne E. Eckes Dr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

City On A Hill: The Democratic Promise Of Higher Education, Rachel F. Moran

Faculty Scholarship

When we think about the democratic promise of higher education, we often think of public universities. Consider, for example, the civic-minded reflections of Gordon Davies, the former Chancellor of the University of Virginia, who concluded in 1997 that “[e]ducation is not a trivial business, a private good, or a discretionary expenditure. It is a deeply ethical undertaking at which we must succeed if we are to survive as a free people.” This lofty vision has since been undermined by persistent cuts in funding for state universities across the nation. In 2007, James Duderstadt, the former president of the University of …

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

Will The Public Service Loan Forgiveness Program Ever Forgive Any Loans?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

There is a sharp tension between the expectations that hundreds of thousands to millions of persons have regarding their right to eventually have their student loan debts forgiven under the Public Service Loan Forgiveness program, starting this fall, and the legitimate public concerns regarding the large future costs and regressive incidence of the PSLF program’s benefits. The Trump Administration has recently proposed prospectively abolishing the PSLF program for future Direct Loans. Whether or not this proposal is adopted, given the large costs of the program (which I estimate will eventually rise to $12 billion/year or more as an estimated 200,000 …

The Public Service Loan Forgiveness Program: The Need For Better Employment Eligibility Regulations, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

People will start seeking tax-exempt debt forgiveness under the Public Service Loan Forgiveness (“PSLF”) program in October of 2017 after satisfying the requirements of 10 years of post-October 1, 2007 employment in a “public service job.” I estimate that eventually 200,000 people a year or more will obtain debt forgiveness under this program, at a total cost to the Treasury of $12 billion/year or more. Estimates are that up to one-quarter of all employment will qualify as a public service job.

For such a large and costly program the precise eligibility criteria are crucial. The statutory definition of a public …

Inequitable Schools Demand A Federal Remedy, Kimberly J. Robinson

Law Faculty Publications

It is not often that the U.S. Supreme Court admits that one of its previous decisions, especially one that shaped the fabric of our nation, was fundamentally wrong. One such instance occurred in 1954, when the court famously declared, in Brown v. Board of Education, that the doctrine of “separate but equal” public schools for black children and white children was unconstitutional. In Brown, the court overturned, for public schools, its approval of this doctrine in Plessy v. Ferguson (1896) and established that segregated schools violated the equal protection clause of the Fourteenth Amendment. The court also proclaimed that …

Higher Ed "Do Not Resuscitate" Orders, Matthew Adam Bruckner

Kentucky Law Journal

Congress has effectively precluded all institutions of higher education from reorganizing in the bankruptcy courts because it was concerned about exploitative profiteers opening fly-by-night colleges, defrauding students, and then finding refuge in bankruptcy. This choice harms students, employees, creditors, and communities. As such, this Article advocates that Congress should reverse its decision and allow IHEs to reorganize in bankruptcy without losing access to federal student loan and grant programs. To support this argument, this Article contrasts the bankruptcy treatment of healthcare enterprises to that of higher education enterprises. In doing so, this Article builds on my own prior work and …

Reforming The Tax Incentives For Higher Education, Camilla E. Watson

Scholarly Works

Federal spending on higher education has long been controversial, primarily because it has grown exponentially since the 1950s but it has produced a system which many regard as too expensive and grossly inefficient. The soaring costs are placing higher education beyond the reach of many Americans, and of those who enter college, less than half complete their degrees. Particular criticism has been directed toward the education tax incentives, enacted mostly in the late 1990s, which shifted federalfunding for higher education from direct benefits to students in the form of grants, loans and work-study programs to indirect benefits through the tax …

A Higher Power Produces Greater Problems: How Religious Honor Codes And Religious Schools Exacerbate Campus Sexual Assault, Samuel T. Jay

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Individuals with Disabilities Education Act (IDEA, 2005) requires states, through local school boards, to provide students with disabilities with a free appropriate public education (FAPE) in the least restrictive environment consistent with the content of their Individualized Education Programs (IEPs). As important as it is to educate students with disabilities, the cost of serving these children is much higher than that of their peers in regular education.

Most recently, the Tenth Circuit upheld Rowley’s “some educational benefit” standard in Endrew F. v. Douglas County School District RE-1 (2015). In Endrew F., the panel affirmed that a school board in …

Paying For Attendance: Using Incentives To Combat Chronic Absenteeism, Madeline H. Meth

Faculty Scholarship

Students with poor attendance miss opportunities to learn social and academic skills.' They perform worse on achievement tests. ² They are also less likely to graduate.³ A student who misses school in as early as the first grade is significantly more likely to eventually drop out of high school.⁴ Individuals who drop out see a significant loss in earnings and are more likely to be jobless; women who drop out make about 60% of what female high-school graduates earn, and men who do not graduate lose approximately $9,564 in annual wages. Because high-school dropouts earn less than those …

Qualitative Diversity: Affirmative Action's New Reframe, Eang Ngov

Faculty Articles

No abstract provided.

End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Assessing General Education Teacher Training On Idea And Section 504 Law, Yolian Cintron

All Capstone Projects

The purpose of this study is to assess how much general education teachers actually know about the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 in order to identify training needs for general education teachers regarding these two laws. A survey was created to cover several areas within the legal mandates of IDEA law (2004) and Section 504 of the Rehabilitation Act of 1973. Results showed that teachers have a lot to learn about 1) the referral, assessment, and placement process; and 2) requirements of the IEP team meeting and the IEP document; and …

Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson

Law Faculty Publications

In the remedial phases of school finance lawsuits, courts and legislatures have sought to provide poor children access to adequate educational opportunities through remedies and reforms focusing almost exclusively on improving educational conditions within elementary and secondary schools. This approach is both inefficient and ineffective. As a large and growing body of scientific and social science research reveals, class-based disparities in quality of care and enrichment during the first years of life can have life-long effects that inhibit the ability of many poor children to succeed academically, thereby depriving them of equal and adequate access to educational opportunity. The failure …

Brief Of Amicus Curiae Children’S Law Clinic At Duke Law School Advocates For Children’S Services Of Legal Aid Of North Carolina Public Schools First Nc, Jane R. Wettach, Peggy Nicholson, K. Ricky Watson Jr., Celia Pistolis, Aisha Forte, Jennifer Story, Kevin Zhao

Faculty Scholarship

No abstract provided.

The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman

Faculty Articles

The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.

This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) …