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The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel 2021 Pepperdine University

The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel

Pepperdine Dispute Resolution Law Journal

Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA ...


Online Learning In A Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private Is Thrust Into The Public Sphere The Story Of Kamauri Harrison, Malissa Bowman 2021 Golden Gate University School of Law

Online Learning In A Global Pandemic, Intimate Details & Prying Government Eyes: When What Was Once Private Is Thrust Into The Public Sphere The Story Of Kamauri Harrison, Malissa Bowman

GGU Law Review Blog

A global pandemic has morphed the traditional in-person classroom into a virtual one, leaving vestiges of strict classroom rules and decorum clashing with home privacy expectations. So is the case of Ka’Mauri Harrison, a 9-year-old Louisiana boy suspended for moving a BB gun while on screen during online class. Ka’Mauri’s parents and attorney maintain the boy only moved the BB gun to prevent his little brother from accessing it. However, Ka’Mauri’s teacher thought the BB gun was a real gun and reported him to the principal. Ka’Mauri was not only suspended from school, but ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel 2021 Pepperdine University

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As ...


The Lost Promise Of Disability Rights, Claire Raj 2021 University of South Carolina School of Law

The Lost Promise Of Disability Rights, Claire Raj

Michigan Law Review

Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also have the poorest academic outcomes. Overcoming these challenges requires full use of the laws enacted to protect these students’ affirmative right to equal access and an environment free from discrimination. Yet, courts routinely deny their access to two such laws—the Americans with Disabilities Act (ADA) and section 504 of the Rehabilitation Act of 1973 (section 504).

Courts too often overlook the affirmative obligations contained in these two disability ...


The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney 2021 Boston College Law School

The Williams Complaint And The Role Of The Learning Environment In Education Adequacy: "You Count; Do Well", Abigail W. Mahoney

Boston College Law Review

Students attending under-resourced public schools are held to the same statewide standards as their peers in wealthier districts, but are attempting to learn under conditions of neglect. In most states, students lacking qualified teachers, safe classrooms, textbooks, and other learning resources have no power to change their learning environments. Due to the lack of a federal constitutional right to education, efforts to improve school conditions by invoking general state protections have had mixed success in enhancing the quality of education in the United States. In California in 2004, however, the Williams v. State student class action lawsuit set some of ...


(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling 2021 University of Maine School of Law

(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling

Maine Law Review

Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault ...


Electronic Voting For The General Elections: An Analytical Study In Light Of The Jordanian Law, Khalid Al Zubaidy 2021 College of Law / Yarmouk University

Electronic Voting For The General Elections: An Analytical Study In Light Of The Jordanian Law, Khalid Al Zubaidy

Journal Sharia and Law

A number of states, mostly developed countries, have introduced electronic voting systems that are utilized in general elections, including parliamentary, presidential, and municipal elections. The use of electronic voting systems has ever since given rise to a legal controversy; views have diverged in favor and against these systems. Questions arise regarding the pros and cons of electronic voting and its technical requirements and legal guarantees. This article addresses these questions in three sections discussing: the nature of electronic voting, the requirements for its implementation, and relevant guarantees. This article concludes that the utilizing electronic voting systems will make no difference ...


“Trumping” Affirmative Action, Vinay Harpalani 2021 University of New Mexico - School of Law

“Trumping” Affirmative Action, Vinay Harpalani

Faculty Scholarship

This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the ...


School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani 2021 Seattle University School of Law

School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani

Seattle University Law Review

In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children ...


A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips 2021 Loyola University Chicago School of Law

A Fresh Start: The Evolving Use Of Juvenile Records In College Admissions, Eve Rips

University of Michigan Journal of Law Reform

Questions about criminal and juvenile records in the college application process are common and frequently fail to account for the unique characteristics of juvenile justice systems. The ways in which colleges and universities ask about juvenile records often encourage applicants to disclose information in spite of statutory protections. These questions fly in the face of the public policy underlying a range of legal safeguards that are intended to help individuals with records from juvenile systems in moving forward and receiving a second chance.

In recent years, a series of legislative and institutional changes have begun to restrict how colleges and ...


Executive Order 13950: Insufficient Grounds For Curbing Academic Freedom, Arianna Chen 2021 Fordham College at Rose Hill

Executive Order 13950: Insufficient Grounds For Curbing Academic Freedom, Arianna Chen

Online Blog

No abstract provided.


Who Benefits From Leaving The “Bad” School?, Annabelle V. González 2021 FIU College of Law

Who Benefits From Leaving The “Bad” School?, Annabelle V. González

FIU Law Review

No abstract provided.


Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon 2021 University of Massachusetts Amherst

Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon

FIU Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman 2021 Texas A&M University School of Law

Let's Get Serious - The Clear Case For Compensating The Student Athlete - By The Numbers - A University Of Michigan Athletic Program Case Study, Neal Newman

Faculty Scholarship

Should college athletes be compensated for their play and if so, how? The first question has been a debate for some time now. But the second question—the “how”—not so much. This writing addresses both questions in depth. With the Ed O’Bannon case that was decided back in August of 2014 and the palaver the Northwestern football team raised in their efforts to unionize, it is acknowledged that the discussions on this issue may have reached its crescendo years ago. That is until now. On September 27, 2019, Gavin Newsom, the Governor of California, signed into law Senate ...


Toward A More Democratic America, Thomas Kleven 2020 Seattle University School of Law

Toward A More Democratic America, Thomas Kleven

Seattle Journal for Social Justice

No abstract provided.


The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett 2020 Notre Dame Law School

The Comparative Legal Landscape Of Educational Pluralism, Nicole Stelle Garnett

Arkansas Law Review

In the United States, debates about private and faith-based education tend to focus on questions about government funding: which kinds of schools should the government fund (and at what levels)? Should, for example, students be able to use public funds to attend privately operated schools? Faith-based schools? If so, what policy mechanisms should be used to fund private schools—vouchers, tax credits, direct transfer payments? How much funding should these schools receive? The same amount as public schools or less? As a historical matter, the focus on funding in the United States makes sense because only public (that is, government-operated ...


The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School of Law 2020 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford 2020 Abilene Christian University

Perceptions Of Special Education Supports By School Administrators, Eric P. Oxford

Electronic Theses and Dissertations

This research study analyzed the perceptions of special education supports by school administrators. Specifically, this research discussed comparative findings of perceptions of special education supports between building principals and building-based special education team chairpersons in one Massachusetts public school district. The findings are grounded in the district’s inclusive philosophy and its capability to ensure that all students are provided educational opportunities in the least restrictive educational environment. The problem studied was that many students with disabilities who are unable to find academic success within an inclusive academic environment are typically transitioned into a more restrictive—or substantially separate—alternative ...


Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira 2020 California State University, San Bernardino

Teacher Demoralization: Neoliberal Influence On The Complex Education System And Teacher Morale, Dionne Elvira

Electronic Theses, Projects, and Dissertations

Since the 1980s, neoliberal influence has slowly taken over our education system’s vision and purpose. Presently, marketization in schooling has drawn the attention and influence of those of monetary and political power (Bartlett et al., 2002). Accountability measures set in place by the strings attached to school funding and sanctions encompass blanket demands on classroom instruction not equitably designed to support our diverse student populations (Ravitch, 2013; Reigeluth, 2014; Tsang, 2019). The school system, as it presently stands, is managed and maintained under systematic models that do not align to the complex needs of each unique school within its ...


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