It discusses an important trend
in education litigation: the increasing reliance on theories of adequacy to achieve high - quality education for all students.
In CFE v. New York, another state with a spare education clause, Judge De Grasse without apology explained that
in education litigation courts «are called on to give content to Education Clauses that are composed of terse generalities,» which in New York's case is «The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.»
Not exact matches
Showing perhaps too much confidence
in nonviolence,
education, legislation and
litigation as the only appropriate means to eliminate cultural prejudice, the editors never wavered
in their support for civil rights
in general.
Then, to sustain its reasoning
in the face of new
litigation, the Court found itself having to bring ever new objects under its scrutiny, such as moments of silence and abstinence
education.
Lead author Sara Chrisman of the Harborview Injury Prevention and Research Center
in Seattle, Washington, viewed the finding that concussion
education requirements for coaches under the state's first -
in - the - nation «Lystedt Law» were being closely followed by public high schools
in Washington State as «very encouraging but not surprising,» noting that schools had an incentive to follow the law because it provides legal immunity from
litigation for schools that follow it correctly.
«Someone [Nana Addo] claims I am a copycat President... there is no
litigation on this, you promised free
education and I said it is
in the constitution that it should be progressively free, is the progressive free
education not what we are doing...,?»
Riverkeeper is actively involoved
in litigation, advocacy, and public
education surrounding the issue of shale gas extraction and related infrastructure, particularly because of the potential impacts on New York State's drinking water supplies.
In writing the majority opinion, Justice Ginsburg, a long and tireless advocate for gender equality, noted that «single - sex education affords pedagogical benefits to at least some students» and concluded, «that reality is uncontested in this litigation.&raqu
In writing the majority opinion, Justice Ginsburg, a long and tireless advocate for gender equality, noted that «single - sex
education affords pedagogical benefits to at least some students» and concluded, «that reality is uncontested
in this litigation.&raqu
in this
litigation.»
Making it happen A perception of excessive red tape, the threat of
litigation and the resources needed to accomplish any sort of teacher - led activity
in school time has meant that there has been a move towards the more traditional activities becoming the sole preserve of residential outdoor
education centres and specialist providers.
State constitutional provisions guaranteeing an adequate
education are not a novel basis for
litigation, but other cases have largely focused on deficiencies
in school financing.
For more on this topic, please see «2 +2 =
Litigation,» by Joshua Dunn, which appears
in the Fall 2010 issue of
Education Next.
Video: Eric Hanushek talks with
Education Next about the recent Supreme Court decision on school spending
in Arizona, and considers the ruling's impact on state school finance
litigation.
As the commission wrote
in its report released
in July 2002, special
education «will only fulfill its intended purpose if it... becomes results - orientedâ $» not driven by process,
litigation, regulation, and confrontation.»
John R. Munich and Rocco E. Testani are partners
in the
Education, Government and Civil Rights
Litigation Practice Group of Sutherland Asbill & Brennan, LLP.
Shying away from the «quagmire» of intervention
in states like New Jersey (noted from the bench during oral arguments), and citing its earlier rejection of a challenge to the state's graduation exams, the court pointedly observed that «protracted
litigation» delays the progress of
education reform.
In the equity - based litigation of the 1970s and 1980s, researchers investigated and courts intervened in deep - seated education - finance issues of public policy significance, such as school funding schemes that exacerbated existing socioeconomic disparitie
In the equity - based
litigation of the 1970s and 1980s, researchers investigated and courts intervened
in deep - seated education - finance issues of public policy significance, such as school funding schemes that exacerbated existing socioeconomic disparitie
in deep - seated
education - finance issues of public policy significance, such as school funding schemes that exacerbated existing socioeconomic disparities.
Thus ended 27 years of
litigation and 12 years of court jurisdiction over
education funding
in Massachusetts.
However, there is a deeper and more sinister dynamic at play
in modern
education - finance adequacy research and
litigation.
Decades of
litigation and Supreme Court decisions have led to the current state of affairs
in labor law, but for public - sector employees, the Supreme Court's 1977 decision
in Abood v. Detroit Board of
Education holds sway.
about NSBA and CSBA Urge Court to Use Fairness Principles
in Awarding Attorneys» Fees
in Special
Education Litigation
Welner's present research examines the use and misuse of research
in policymaking and explores various issues concerning the intersection between
education rights
litigation and educational opportunity scholarship.
In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiff
In the first study of opinions handed down
in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiff
in education adequacy
litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiffs.
Previously, he served as chair of the state of Georgia's Charter Schools Commission, the
education policy advisor to Gov. Sonny Perdue, on the staff of both of Gov. Roy Barnes» Education Reform Study Commissions, and as an expert witness for the state of Georgia in school funding li
education policy advisor to Gov. Sonny Perdue, on the staff of both of Gov. Roy Barnes»
Education Reform Study Commissions, and as an expert witness for the state of Georgia in school funding li
Education Reform Study Commissions, and as an expert witness for the state of Georgia
in school funding
litigation.
Following two decades
in which courts spurred significant reforms
in our nation's neediest schools by interpreting the
education clauses of their state constitutions to guarantee an «adequate»
education for all students, the years 2005 to 2008 have seen a dramatic change
in the judicial response to adequacy
litigation.
A national nonprofit organization founded
in 2011, Students Matter promotes access to quality public
education through impact
litigation, communications and advocacy.
Indiana
education commissioner Tony Bennett said he «fully expected
litigation,» and the state teachers union filed a legal challenge
in July 2011.
The Ohio
Education Association, a teachers union that has been among the most outspoken critics of charter schools, has testified against them
in the state legislature and supported
litigation aimed at toughening oversight.
Partnership for Educational was founded on the belief that
litigation can empower parents to fight inequality and inadequacy
in our
education system.
«The decision
in Boone County Board of
Education v. N.W., as it stands, would force cash - strapped school districts to bear the high costs of private placements during litigation, even when a court ultimately rules that the district has made FAPE available in a public school setting,» said NSBA General Counsel Francisco M. Negrón Jr. «The lower court's decision sets a terrible precedent that prolongs due process and court proceedings and discourages informal resolution of special education disputes through mediated se
Education v. N.W., as it stands, would force cash - strapped school districts to bear the high costs of private placements during
litigation, even when a court ultimately rules that the district has made FAPE available
in a public school setting,» said NSBA General Counsel Francisco M. Negrón Jr. «The lower court's decision sets a terrible precedent that prolongs due process and court proceedings and discourages informal resolution of special
education disputes through mediated se
education disputes through mediated settlement.
Get an overview of what happened
in bilingual / ESL policy
in 2009
in Texas — see «Post-Legislative Session Summary on Proposed Changes to Texas Bilingual
Education Monitoring Procedures, Secondary Level ESL Program Reforms, and Related
Litigation,» by Albert Cortez, Ph.D..
IDRA has been at the forefront
in supporting legislative and
litigation efforts to address the insufficient funding for
education ELLs
in Texas and the poor monitoring and implementation of programs serving ELLs at the secondary level.
With Judge John Dietz» school finance ruling
in West Orange Cove vs. Neeley
litigation in late September, the state opens a new chapter
in Texas school funding debates that will reverberate for public
education and our children.
It is unfortunate — scandalous
in fact — that it takes
litigation to convince our state leaders to invest
in education, to invest
in children — all children, to invest
in the future of Texas.
State supreme courts, most notably and recently
in school choice
litigation in Indiana (Meredith vs Pence), Nevada (Lopez vs Schwartz) and Oklahoma (Oliver vs Hofmeister) have wisely ruled against applying Blaine Amendments to
education funding.
Randall G. Bennett is the Deputy Executive Director and General Counsel of the Tennessee School Boards Association where he provides general legal opinions to local boards of
education, superintendents and TSBA staff on school governanace issues, organizes and presents at seminars and training events, prepares and files amicus briefs
in appellate cases affecting public schools, monitors current
litigation and changes
in state and federal law, and supervises the Association's Policy Department, A former school board member and police officer, Mr. Bennett obtained his law degree from Nashville School of Law.
She manages a statewide team, leading, creating, and implementing a vision to promote civil liberties, civil rights, and racial, economic, and equal justice
in education in California through legislation,
litigation, and advocacy.
In June, Wake County Superior Court Judge Howard Manning issued a decision in the long - running Leandro litigation over the state's public education syste
In June, Wake County Superior Court Judge Howard Manning issued a decision
in the long - running Leandro litigation over the state's public education syste
in the long - running Leandro
litigation over the state's public
education system.
In North Carolina, the State Board of
Education also blocked a 2012 bid to open a K12, Inc. - run school, a contentious move that led to
litigation.
Finance
Litigation,
Education Resources, and Student Needs
in the Post-Rose Era.
It is also a high - frequency area of special
education litigation between parents and schools,
in part due to the uniqueness of each ASD diagnosis and the complexity of each resulting IEP.
During the course of the
litigation, the school board paid for three sets of attorneys (for Martin; for the LSC; and for the Board of
Education)
in a case that cost more than a quarter of a million dollars.
• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training •
Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special
Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities
To conduct public
education, community outreach, and
litigation to improve minority representation at the local government level
in Illinois.
In private practice, my proudest work to date has been my work as a pro bono attorney on impact litigation filed by disability and education advocates to try to force New Jersey's Department of Education to faithfully implement the least restrictive environment provisions of IDEA, as New Jersey, unlike Maine, had — and sadly continues to have — one of the worst records in the country on including students with special needs in general education setting
In private practice, my proudest work to date has been my work as a pro bono attorney on impact
litigation filed by disability and
education advocates to try to force New Jersey's Department of Education to faithfully implement the least restrictive environment provisions of IDEA, as New Jersey, unlike Maine, had — and sadly continues to have — one of the worst records in the country on including students with special needs in general education
education advocates to try to force New Jersey's Department of
Education to faithfully implement the least restrictive environment provisions of IDEA, as New Jersey, unlike Maine, had — and sadly continues to have — one of the worst records in the country on including students with special needs in general education
Education to faithfully implement the least restrictive environment provisions of IDEA, as New Jersey, unlike Maine, had — and sadly continues to have — one of the worst records
in the country on including students with special needs in general education setting
in the country on including students with special needs
in general education setting
in general
education education settings.
At the same time as states are spending millions on security, Politico noted that
in the name of «efficiency» the USDOE is scaling back it's efforts to address civil rights
litigation and consolidating departments that provide services and support to K - 12
education.
The issue is bigger than L.A. Unified, said Arun Ramanathan, executive director of
Education Trust - West, a nonprofit advocacy group not involved
in the pending
litigation.
The clinic offers students the opportunity to participate
in a wide variety of educational rights and reform work, including direct representation of youth and families
in special
education and school discipline matters, community outreach and
education, school reform
litigation, and / or policy research and advocacy.
Past presentations include the Legal One four - part Special
Education Law Series, which she developed for the organization, Board Members» Roles and Responsibilities, the Basics of Special
Education, Student Records and Confidentiality, Reducing the Costs of Special
Education Litigation, Procedural Safeguards, Hot Topics
in Special Education, Section 504: A Road Map to Compliance, I&RS: Effective Usage and Best Practices, Special Education for General Education Staff, Nursing Services In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the La
in Special
Education, Section 504: A Road Map to Compliance, I&RS: Effective Usage and Best Practices, Special
Education for General
Education Staff, Nursing Services
In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the La
In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special
Education and the Law.
The appeals court heard arguments Wednesday
in litigation filed over the N.C. State Board of
Education's 2012 decision to disregard an application for a virtual charter school run by the company because it was submitted outside the time period allotted by the board.
Grounded
in those state constitutional provisions, many state supreme courts have, typically as part of a decision having to do with school finance
litigation, recognized an individual right to
education.