Friday, May 3, 2013

Scholarship - Online Communication Between Teachers and Students

The issue of state regulation of online communication between teachers and students are the subject of recent student notes. James R. Baez and Kerri E. Caulfield discuss Missouri's Amy Hestir Student Protection Act that prohibits teachers from establishing “a nonwork-related internet site which allows exclusive access with a current or former student.” See Drawing a line in the shifting sand of social media: attempting to prevent teachers from “liking” a student outside the classroom, 30 Hofstra Lab. & Emp. L.J. 263 (2012). Elise Rosen Puzio examines the constitutional implications of laws restricting student-teacher online communication and proposes ways to protect students from teacher misconduct while not violating teachers' rights in Why can’t we be friends?: how far can the state go in restricting social networking communications between secondary school teachers and their students? 34 Cardozo L. Rev. 1099 (2013).

May 3, 2013 | Permalink | Comments (0)

Lousiana Rejects Repeal of Science Education Act

Louisiana's Senate Education Committee rejected a bill on May 2 to repeal a controversial law that allows teachers the right to supplement science textbooks with information about evolution and creationism. The Louisiana Science Education Act (LSEA) allows teachers to supplement standard textbooks with other materials that promote "critical thinking skills, logical analysis, and open and objective discussion of scientific theories [such as] evolution, the origins of life, global warming, and human cloning." While the law expressly disavows any intent to promote "a particular set of religious beliefs," most observers, including Louisiana Governor Bobby Jindal, understand the LSEA to allow teaching of creationism and intelligent design in public schools. The LSEA has been debated annually since its passage in 2008, and 70 Nobel Prize winning scientists have urged that it be repealed, according to the Associated Press.


May 3, 2013 | Permalink | Comments (0)

Wednesday, May 1, 2013

Supreme Court agrees to hear new affirmative action case

As we await the U.S. Supreme Court's decision in Fisher v. University of Texas, Stephen Wermiel at SCOTUSBlog discusses the Court's granting certiorari in another affirmative action case. The new case, Schuette v. Coalition to Defend Affirmative Action, shifts Fisher's focus from challenging affirmative action policies to whether a statewide ban on affirmative action violates equal protection, a measure approved by Michigan voters in 2006. Michigan Attorney General Bill Schuette describes the case as Michigan voters taking up Grutter's invitation to abolish race-conscious admissions policies in education. Read the close (8-7) Sixth Circuit en banc opinion holding Michigan's Proposal 2 unconstitutional here.

Meanwhile, there are plenty of perspectives about what the Court will decide in Fisher, particularly as Justice Elena Kagan has recused herself and Grutter's author, Justice Sandra Day O'Connor, has been replaced by Justice Samuel Alito, who has been described as skeptical about affirmative action. At Fisher's oral argument, Justice Alito said he thought that the point of diversity policies is to allow underprivileged students access to higher education rather than promoting racial preferences. Read more predictions and perspectives on Fisher here, here, here, and here.

May 1, 2013 | Permalink | Comments (0)

Tuesday, April 30, 2013

Welcome to the Education Law Prof Blog

Welcome to the Education Law Prof Blog. On this blog, we plan to highlight education law developments, legal scholarship, research, conferences, and more. Our nation's educational laws have shaped our history, challenged our beliefs, and, at times, defined us. Education law continues to be a dynamic and rich topic, and we hope that this blog will be a place where advocates and scholars can discuss emerging issues and share information. We welcome contributions and ideas from our visitors. If you have recent articles, cases, news, or have a fresh perspective on an important educational issue, please contact us about having it posted. We are also open to having guest bloggers, so if you are interested, please contact us in the left editors' column. Thank you for visiting, and we look forward to hearing from you.

April 30, 2013 | Permalink | Comments (0)