The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

Two landmark court cases have upheld the constitutional right of handicapped children to a publicly supported educational program, and to various procedural safeguards to insure fair implementation of that right. Neither case deals directly with the right to an "adequate" education. Presents arguments lawyers could present in raising this adequacy…

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

The equal protection clause permits gender classification and discrimination and cannot support a broadening concept of sexual equality. An equal rights amendment is needed to remedy the situation. Available from Rutgers School of Law-Camden, 5th and Penn Streets, Camden, NJ 08102. (Author/IRT)

Truth in testing laws are subject to challenge on the grounds that they invade federally protected rights and interests of the test-makers through the due process clauses of the Constitution and federal copyright protections. (Author/MLF)

A constitutional finance system should provide each student with a minimum adequate education and should assure that extras not depend on where a student lives. Available from Ohio State Law Journal, 1659 North High St., Columbus, OH 43210. (Author/IRT)

PRESENTED WERE ANSWERS TO QUESTIONS THAT AROSE WHEN THE SUPREME COURT MADE THE DECISION ON THE INTEGRATION OF SCHOOLS. THE DECISION APPLIED TO ALL STATE-SUPPORTED EDUCATIONAL INSTITUTIONS. THE AUTHORITY OF STATE LAWS WAS QUESTIONED, BUT NO STATE LAW REQUIRING OR PERMITTING SEGREGATION IN PUBLIC SCHOOLS WAS NOW VALID. THE RESPONSIBILITY FOR…

The Texas statute denying undocumented aliens a free public school education does not pass muster under strict scrutiny and is, therefore, unconstitutional. Available from the Texas International Law Journal, 2500 Red River, Austin, TX 78705; sc $4.00. (Author/IRT)

This document represents a model legal case for defending a girl who wants to play soccer on her high school's all male soccer team. Contained are descriptions of the parties involved, the statement of claim, the causes of action, the laws that action is taken under, and former court decisions that might have bearing on the case. Also included are…

A review of lawsuits arguing that the disparity in assessed valuation of property between school districts results in lower per pupil funds in poor school districts thus violating the equal protection clause of the 14th Amendment. The report also considers objections to and criticisms of the premises of these law suit. (JF)