Monday, April 14, 2014

Journal of Law and Education Explores "Gay Talk," Disability Identification, and Cell Phone Searches

The Journal of Law and Education's new issue is available.  The table of contents and article summaries are as follows:

Articles

Gay Talk: Protecting Free Speech for Public School Teachers

Stephen Elkind and Peter Kaufman.................................................................................... 147

 Due to the harm free speech restrictions on teachers can cause students, this Article argues that when the Supreme Court revisits the question it left open in Garcetti v. Ceballos, it should create an exception for both university professors and public school teachers. An educator exception to Garcetti would mean that teachers’ speech to students about homosexuality is protected under the First Amendment if it satisfies the two-step Connick-Pickerington test, which governed public employees’ speech before Garcetti. At the heart of this Article is the idea that Garcetti’s broad effect will prohibit discussions on controversial matters from taking place in the public school classroom.

Education Clauses in Corporate Charters: How Child Welfare Law Confronted the Industrial Revolution

Jeff Lingwall........................................................................................................................ 189

This Article explores the history of corporations educating children in the U.S. through education clauses in corporate charters and other methods used to confront the emerging industrial order’s effect on children. This Article traces this history, beginning with colonial instruction laws, through corporate charters, and later, to more general instruction laws. The second section examines the state of colonial instruction laws and early corporate charters. The third section explores the history of educational clauses and alternative methods of educating factory children, giving historical evidence to suggest why some states employed this use of the corporate form while others did not. The fourth section explores the decline in apprenticeship and the rise of general compulsory attendance laws.

Counterpoint

Introduction−A Response to Severely Discrepant Intervention?

Perry A. Zinkel.................................................................................................................... 225

Scientifically Supported Identification of SLD Using RTI: A Response to Colker

Amanda M. VanDerHeyden, Joseph F. Kovaleski,

Edward S. Shapiro and David T. Painter........................................................................... 229

This counterpoint to Ruth Colker’s review of controversies regarding how students identified as having a specific learning disability (SLD) can be most reliably identified and taught elaborates on notable points of disagreement. Our first point of disagreement pertains to Colker’s presentation of the current IDEA requirements related to the identification of students with SLD. Secondly, we disagree with Colker’s perspective that the inclusion of research-based intervention (RTI) was motivated by cost-savings and politics rather than science. Third, we disagree that universal screening tools can sensitively and accurately sort children into SLD and non-SLD groups. Our fourth point of disagreement is with Colker’s perspective regarding the need for IQ assessment to inform intervention selection. Fifth, we disagree that RTI will disenfranchise large groups of students who have above average abilities but have average achievement.  Sixth, we disagree with Colker’s perspective that the declining incidence of SLD is caused by the implementation of RTI. Finally, we disagree with Coker’s urgency to provide the diagnostic label of SLD .  

Recent Cases and Commentary

Lower Federal Courts and State Courts............................................................................. 250

Elementary and Secondary Education

Universities and Other Institutions

Commentary....................................................................................................................... 265

Primary and Secondary

Universities and Other Institutions

Chalk Talks

 

Liability of Universities for Bicycle Use on-Campus: Premises Liability, Affirmative Defenses, and Bike Share Programs

Christopher Bush................................................................................................................ 271

This Note examines college and university liability towards cyclists on campus. This Note finds that colleges and universities face greater liability for cyclist injury as they develop more complex financial ties with cyclists and engage in the direct sale or support of bicycles to campus users. The Note then concludes with the recommendation that colleges and universities avoid charging cyclists for use of the premises and cautions those institutions as they adopt on-campus bicycle share programs.

Student Fourth Amendment Right Pertaining to Cell Phone Use in Light of G.C. v. Owensboro Public Schools

Deanna Marie Mulhall........................................................................................................ 279

The application of our Fourth Amendment rights to cell phone use is a developing, relevant topic. This Note explains the most recent Sixth Circuit Court of Appeals decision that applied search and seizure of a student’s cell phone when there is concern of the student’s or another student’s mental health.

Leveling the Playing Field: Identifying a Quasi-Fiduciary Relationship between Coaches and Student-Athletes

M. Alexander Russell.......................................................................................................... 289

This Note examines the wide discrepancy of bargaining power between postsecondary institutions and recruited student-athletes. In attempting to define the obligations academic institutions owe to recruited student-athletes, this Note identifies situations where courts have enforced heightened duties upon academic institutions, and explains why a quasi-fiduciary relationship exists in many coach and player relationships. 

http://lawprofessors.typepad.com/education_law/2014/04/journal-law-and-education-explores-gay-talk-disability-identification-and-cell-phone-searches.html

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