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Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel 2019 Brigham Young University Law School

Monetary Liability Of Public School Employees Under The Idea And Section 504/Ada, Perry A. Zirkel

Brigham Young University Education and Law Journal

No abstract provided.


Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. DeMitchell, Christine C. Rath 2019 Brigham Young University Law School

Armed And Dangerous - Teachers? A Policy Response To Security In Our Public Schools, Todd A. Demitchell, Christine C. Rath

Brigham Young University Education and Law Journal

No abstract provided.


The Federal Role In Universal Pre-K, Brian McWalters 2019 Brigham Young University Law School

The Federal Role In Universal Pre-K, Brian Mcwalters

Brigham Young University Education and Law Journal

No abstract provided.


On The Basis Of Sex(Ual Orientation Or Gender Identity): Bringing Queer Equity To School With Title Ix, Chan Tov Mcnamarah 2019 Cornell Law School, J.D. 2019

On The Basis Of Sex(Ual Orientation Or Gender Identity): Bringing Queer Equity To School With Title Ix, Chan Tov Mcnamarah

Cornell Law Review

A transgender fourth-grader's teacher refuses to address her by her preferred name and gender. A lesbian high-school student's sexual education class does not teach her about topics relevant to her experience as a queer woman. A gay male college student's campus does not have LGBT-specific post-sexual assault care. Under aformal equality approach to Title IX, can any of these discriminations be remedied? Unfortunately not. And yet, recent victories for the LGBT community have been won on formal equality arguments-that LGBT persons should be treated the same as heterosexual, cisgender persons. In the shadow of marriage equality, the ...


Who Will Educate Me? Using The Americans With Disabilities Act To Improve Educational Access For Incarcerated Juveniles With Disabilities, Lauren A. Koster 2019 Boston College Law School

Who Will Educate Me? Using The Americans With Disabilities Act To Improve Educational Access For Incarcerated Juveniles With Disabilities, Lauren A. Koster

Boston College Law Review

Youth involved with the juvenile justice system present with a higher rate of disability, including mental illness and learning disabilities, than do non-system-involved youth. These young people are often eligible for special education services as provided by the federal Individuals with Disabilities Education Act (“IDEA”). Eligible youth incarcerated in juvenile detention and correctional facilities, however, often fail to receive these services. Education advocates typically bring suits against school districts and correctional institutions alike under the IDEA’s mandate to provide a free appropriate public education to students with disabilities. Unfortunately, this approach is failing because the IDEA is not able ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close 2019 University of Massachusetts - Dartmouth

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close

Tennessee Journal of Law and Policy

Over the last decade or so, federal and state education policymakers embraced the use of value added models (VAMs) to evaluate teachers’ performance and make high-stakes employment decisions (e.g., tenure, merit pay, termination of employment). VAMs are complicated statistical models that attempt to estimate a teacher’s contribution to student test scores, particularly those in mathematics and reading. Educational researchers, as well as many teachers and unions, however, have objected to the use of VAMs noting that these models fail to adequately account for variables outside of teachers’ control that contribute to a student’s education performance. Subsequently, many ...


From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell 2019 University of Louisville Brandeis School of Law

From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell

Cedric M. Powell

As we commemorate the inspiring legacy of Minnie Liddell and countless liberation activists who struggled for substantive equality in education for generations, it is appropriate to reflect on the current state and future of urban education. The school desegregation (integration) movements in Louisville, Kentucky and St. Louis, Missouri can best be understood as two distinct permutations of the Process Theory. In Louisville, the process-orientation tilts toward individual choice—neighborhood schools are at the core of all of the discussions about student assignment plans. Conversely, in St. Louis, the seminal process initiative is charter schools. Neither processual outcome addresses the present ...


Recovering Subsidiarity In Family Life Education, Karen Jordan 2019 Selected Works

Recovering Subsidiarity In Family Life Education, Karen Jordan

Karen A. Jordan

This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters ...


The Fundamental Right To Education, Derek W. Black 2019 University of South Carolina School of Law

The Fundamental Right To Education, Derek W. Black

Notre Dame Law Review

New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court’s previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.

To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope ...


No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard 2019 Georgia State University College of Law

No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard

Georgia State University Law Review

This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate ...


A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals 2019 Southern Methodist University, Dedman School of Law

A Texas Two-Step In The Right Direction—Looking Beyond Recent Legislation To Improve The Provision Of Special Education Services In Texas, Taylor Michals

SMU Law Review

This article analyzes the current state of the special education system in Texas following the 85th Legislative Session, focusing on the practical and legal implications of the limitation imposed by the Texas Education Agency in 2004 before analyzing Senate Bill 160, which requires Texas to remove the limitation on special education services, and its future impact on special education in Texas. Additionally, this article addresses Senate Bill 927, which outlined a plan to ensure that students who were previously denied services receive an adequate evaluation, why the legislation failed, and potential remedies for students who have been negatively impacted by ...


A Statutory Solution To A Constitutional Problem, Kevin Grigsby 2019 Washington University School of Law

A Statutory Solution To A Constitutional Problem, Kevin Grigsby

Washington University Global Studies Law Review

A fundamental right to education has long been recognized in constitutions around the world. In South Africa, the right to education is outlined in the founding provisions of the constitution which specifically acknowledge “the need to redress the results of past racially discriminatory laws and practices” as a reason for this right. The Supreme Court of the United States has analyzed the right to education in this country on various occasions, yet the Court has consistently avoided rendering a definitive decision articulating whether a positive right to education is guaranteed by the Constitution itself.

Although in 1954 Brown v. Board ...


College Access For Undocumented Students And Law, Jessica C. Enyioha 2019 Texas State University

College Access For Undocumented Students And Law, Jessica C. Enyioha

Educational Considerations

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices ...


Rhode Island's School Funding Challenges In Historical Context, Daniel W. Morton-Bentley 2019 New York State Education Department

Rhode Island's School Funding Challenges In Historical Context, Daniel W. Morton-Bentley

Roger Williams University Law Review

No abstract provided.


Symposium Current Issues In Disability Rights Law, Samuel J. Levine 2019 Touro Law Center

Symposium Current Issues In Disability Rights Law, Samuel J. Levine

Touro Law Review

No abstract provided.


Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee 2019 Touro College Jacob D. Fuchsberg Law Center

Endrew F.’S Journey To A Free Appropriate Public Education: What Can We Learn From Love?, Randy Lee

Touro Law Review

No abstract provided.


Endrew F. Clairvoyance, Mark C. Weber 2019 Touro College Jacob D. Fuchsberg Law Center

Endrew F. Clairvoyance, Mark C. Weber

Touro Law Review

No abstract provided.


The Causal Effect: Implications Of Chronic Underfunding In School Systems On The Navajo Reservation, Adriana M. Orman 2019 Mitchell Hamline School of Law

The Causal Effect: Implications Of Chronic Underfunding In School Systems On The Navajo Reservation, Adriana M. Orman

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Caracterización Y Análisis De La Implementación De La Ley 1732 De 2014 - Cátedra De La Paz, Ana María González Sánchez 2019 Universidad de La Salle, Bogotá

Caracterización Y Análisis De La Implementación De La Ley 1732 De 2014 - Cátedra De La Paz, Ana María González Sánchez

Licenciatura en Español y Lenguas Extranjeras

La investigación realizada consistió en un abordaje al proceso de implementación de la asignatura “Cátedra de la Paz”, sancionada mediante la Ley 1732 de 2014, en el colegio San Martin de Porres, ubicado en la periferia de Bogotá, Colombia. Se presenta una descripción detallada de los procesos que las distintas áreas de gestión institucional deben desarrollar para el cumplimiento de las exigencias de la mencionada Ley. Así mismo, se buscó determinar los avances y dificultades que tuvo el área directiva, académica, administrativa y financiera y, de la comunidad en dicho proceso. Este artículo fue elaborado como informe final de una ...


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