Education Law Commons^™

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …

An Overview Of The Every Student Succeeds Act, Charles J. Russo

Educational Leadership Faculty Publications

Controversial since becoming law in 2002 as the re-authorization of the 1965 Elementary and Secondary Education Act, the No Child Left Behind Act (NCLB) has been portrayed by critics as federal overreach in education, even as supporters viewed the bill as a necessary reform to improve the academic performance of students in K–12 schools. Regardless, NCLB proved so unwieldy that 43 states and the District of Columbia received waivers from many of its accountability provisions in return for adopting policies favored by the U.S. Department of Education (Layton 2015).

The recent seven-year-overdue re-authorization of the law received widespread bipartisan support …

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

University of Richmond Law Review

No abstract provided.

Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel

Cardozo Law Review

No abstract provided.

Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

The University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways.

But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these …

The American Bar Association Joint Task Force On Reversing The School-To-Prison Pipeline Preliminary Report, Sarah E. Redfield, Jason P. Nance

UF Law Faculty Publications

In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students — for example, students of color, with disabilities, or LGBTQ — are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons — a pattern now commonly referred to as the School-to-Prison Pipeline. While this problem certainly is not new, …

The Constitutional Challenge To Teacher Tenure, Derek W. Black

Faculty Publications

In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter.

The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This …

Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath

Educational Leadership Faculty Publications

In the December 2014 issue of School Business Affairs, this column (Russo 2014) addressed a case from Pennsylvania, Munroe v. Central Bucks School District (2014), that explored the free speech rights of public school teachers who blog on the Internet.

In Munroe, a school board in Pennsylvania dismissed a tenured high school teacher who posted controversial, derogatory remarks about her students and others on her personal blog. The Third Circuit subsequently affirmed that insofar as the blog entries were disruptive to school operations, the teacher’s dismissal did not violate the First Amendment (Munroe 2015).

Munroe highlights the need for school …

Towards Collaboration Between Lawyers And Social Workers: A Content Analysis Of Joint Degree Programs, Ifem E. Orji

Dissertations, Theses, and Capstone Projects

Collaboration is a central issue in the interdisciplinary education of social work and law students. Joint JD/MSW degrees have the potential to promote collaboration between practitioners of law and social work in areas where their practices converge. The 1969 recommendations by the National Conference of Lawyers and Social Workers (NCLSW) to establish these joint degree programs assumed that collaborative learning would occur within them. However, prior research has not investigated whether or not this occurs. The purpose of this dissertation was to determine whether evidence of the intent to promote collaboration was present in written materials associated with joint degree …

Democratizing Higher Education: Defending And Extending Income-Based Repayment Programs, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Political Culture And School Choice: The Influence Of Constitutions, Case Law And Public Officials In Louisiana And Virginia, Karen M. Hiltz

Graduate Dissertations and Theses

This dissertation focused on the State of Louisiana and the Commonwealth of Virginia, which provides a limited perspective on what directly and indirectly influences school choice programs. Louisiana is a state and has a legal system predicated on French or Napoleonic Law, and Virginia is a Commonwealth and has a legal system predicated on English or Common Law. In order to remedy or minimize constitutional conflicts related to an education system, U.S. political parties have relied on the judicial system and the developing of case law to provide direction that in turn provides fodder for future legislation and education policy. …

Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo

Educational Leadership Faculty Publications

Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,² likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …

Use Of Economic-Based Affirmative Action In College Admissions, Torrino Travell Travis

Florida A & M University Law Review

Preferential treatment based on race is currently on life support and will soon die as a part of the college admissions process. However, banning racial preference in college admissions does not mean the end of minorities receiving preferential treatment in college admissions. Recently, federal courts have begun to hold that colleges may give preferential treatment and use various criteria in compiling its student body; however, these criteria must be race neutral. Part I of this note discusses Grutter v. Bollinger. Part II argues that admissions committees will still be able to give deserving minorities special consideration under a race neutral …

Student-Athletes Put Full-Court Pressure On The Ncaa For Their Rights, 15 J. Marshall Rev. Intell. Prop. L. 276 (2016), Taylor Riskin

UIC Review of Intellectual Property Law

The struggle between the NCAA and student-athletes is one that will not slow down. The issue is whether the mandatory student-athlete agreement is reasonable and, further, if student-athletes should be compensated for the use of their likeness? The answers to these questions are crucial with over a century of tradition on the line. This comment analyzes the recent Ninth Circuit decision through an antitrust and right of publicity lens. Additionally, this comment proposes a solution that allows student-athletes to receive some type of compensation while the NCAA preserves amateurism.

Campus Insecurity: Due Process, Proof, And Procedure In Campus Sexual Assault Investigations, Travis Nemmer

Criminal Law Practitioner

No abstract provided.

They['Ve] Got Eyes In The Sky: How The Family Educational Rights And Privacy Act Governs Body Camera Use In Public Schools, Sarah Pierce West

American University Law Review

No abstract provided.