Friday, November 8, 2013
The articles from Denver University's symposium on Keyes v. School District No. 1 are now available on westlaw. The symposium includes articles by Mark Tushnet, Kevin R. Johnson, Michael A. Olivas, Rachel F. Moran, and Phoebe A. Haddon, as well as memoirs by individuals personally connected to the events in Denver. While all address interesting topics, Mark Tushnet's keynote address and article, A Clerk’s-Eye View of Keyes v, School Dsitrict No. 1, 90 Denv. U. L. Rev. 1139 (2013), offer a particularly interesting account of the inner workings of the Court surrounding the case. Tushnet was clerking for Justice Thurgood Marshall when Keyes was decided. Relying on his personal experience and other new available materials from the Court, he explores the complexity of the Court's deliberations.
The story of these internal debates is not entirely new. Justice Powell's concurrence, for instance, explicitly reveals the depth of his disagreement with the Court. And, Bob Woodward and Scott Armstrong's book from 1979, The Brethren, also explored some of these divisions. Tushnet, however, best captures the doctrinal battles occurring on the Court and the personalities behind them. As he notes, seven out of eight justices found there to be a constitutional violation in Keyes. The fractured decision represented not so much a debate over what to do with Denver, but a fight over what Keyes would mean for places like Detroit and Boston.
Although not explicit in the opinion, the fight over busing largely drives the Court's final decision. Powell wanted to reject de jure versus de facto distinctions, but in doing so, he wanted to limit the available desegregation remedies, particularly busing. The majority wanted to keep busing as a way to affirmatively further integration. The only way it could get the votes to do that was by drawing a distinction between de facto and de jure segregation. That distinction would shield many districts from busing, but keep it well alive in throughout the south.
From my perspective , it is not clear that the Court fully appreciated the long term ramifications of its decision. The Court may have been too caught up in the times, which is understandable, and unsure of the best path in regard to its first northern desegregation case. Regardless, Keyes is later cited as the foundation for requiring intent to prove a constitutional violation in all racial discrimination cases. As a result, Keyes drew the line that placed the bulk of racial inequality in all areas of life off-limits. And while the de jure-de facto distinction may have saved busing in some districts (the evidentiary presumption in the case also became a powerful tool in the south), it created the principle by which to later place significant limits on desegregation. In effect, Keyes was the beginning of the end for desegregation.
All of the article titles and authors follow the jump.
Wednesday, October 23, 2013
University of Toledo Law Review Symposium this Friday: “From Kindergarten to College: Brainstorming Solutions to Modern Issues in Education Law
The University of Toledo Law Review's annual symposium focuses on education law this Friday in “From Kindergarten to College: Brainstorming Solutions to Modern Issues in Education Law." The symposium is a free, public event at the Law Center McQuade Law Auditorium from 8 a.m. to 4:20 p.m. Cribbed from the event brochure:
Four panels will discuss salient legal issues in education, including the development of modern disability law and the legal requirements of the Individuals With Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans With Disabilities Act; affirmative action and desegregation; legal issues surrounding school safety; and the successes and failures of the conventional education model and its alternatives. Justice Judith French of the Supreme Court of Ohio, who argued Zelman v. Simmons-Harris, the landmark school voucher case, in the United States Supreme Court while in practice, will deliver the keynote address. The symposium is expected to draw attorneys who practice education, disability and administrative law; state and federal education agency employees; and educators and school administrators.
Monday, September 30, 2013
A New Civil Rights Agenda for American Education: Creating Opportunity in a Stratified Multiracial Nation
The American Educational Research Association is hosting its tenth annual Brown lecture in educational research on October 24th. Gary Orfield is this year's speaker. His lecture is titled A New Civil Rights Agenda for American Education: Creating Opportunity in a Stratified Multiracial Nation. More details here.
Friday, September 27, 2013
On November 8-9, 2013 in Hartford, CT, One Nation Indivisible is hosting a conference titled Where Integration Meets Innovation. Its focus will be on creating, sustaining, and improving dynamic and diverse public schools. More information on the conference is available here.
Thursday, September 26, 2013
October is National Anti-Bullying Month, and Florida International University (FIU) College of Law is hosting National Voices for Equality, Education and Enlightenment (NVEEE) for the “Not on My Watch” Anti-Bullying Summit on Saturday, October 19. Panelists will include Jane Clementi, mother of Tyler Clementi, a gay teen who ended his life several days after a cyber-bullying incident by jumping off the George Washington Bridge; Cassidy McMillan, Producer and Director of the Award-Winning Documentary “Bullies and Friends;” Trish Behnke and Tracy Fentress, the mothers of 14-yr-old best friends Haylee Fentress and Paige Moravetz, whose double suicide pact due to bullying and harassment shocked the nation; April L. Vance, President and CEO of Advance Project; and Jowharah Sanders, Founder and Executive Director of NVEEE. Middle and high-school students, parents, teachers, administrators, counselors, support staff, faith-based communities, members of the lesbian, gay, bi-sexual and transgendered (LGBT) community, elected officials and policy makers have also been invited. The summit is free and open to the public. It will be held at the Modesto A. Maidique Campus, 11200 S.W 8th Street Miami, FL 33199 from 8:30a.m - 2:30p.m. Registration is required. To register, visit http://tinyurl.com/ksays7q. Click here to see a slideshow about the summit.
Friday, September 20, 2013
Section 504 of the Rehabilitation Act, a statute that requires accomodations and education plans for students with disabilities across the nation, turns 40 years old next week. The Department of Education is hosting an event to honor the day. The details are as follows:
Celebrating Forty Years of Learning Under Section 504
Please join the U.S. Department of Education for Section 504’s 40th anniversary event, “Forty Years of Learning Under Section 504,” on September 26, 2013. Experts, youth, and leaders in the disability communities of the past, present, and future will join senior Administration officials, including Secretary of Education Arne Duncan, to discuss the importance of Section 504 and help honor its 40th anniversary. The event will emphasize the importance of accommodations, specifically in education, and highlight today’s leaders in the youth disability communities and individuals who worked to help pass the law as youth in the 1970s.
Please join the U.S. Departments of Education and Justice for a panel discussion, “Creating and Supporting Diversity in Higher Education,” on September 27, 2013 from 9:30-11:00am ET at the U.S. Department of Justice. Higher education leaders will join Catherine E. Lhamon, Assistant Secretary for Civil Rights for the U.S. Department of Education, and Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights for the U.S. Department of Justice, to discuss the importance of creating and supporting diversity on college campuses and the parameters for using in race in admissions as stated by the U.S. Supreme Court in Fisher v. University of Texas at Austin. Martha Kanter, Under Secretary of Education, will deliver opening remarks, and Ada Meloy, General Counsel for the American Council on Education, will moderate the discussion. The event will coincide with the release of a document, “Questions and Answers About Fisher v. University of Texas at Austin,” developed jointly by the Departments.
Tuesday, September 17, 2013
Penn State’s College of Education will host an interdisciplinary civil rights conference June 6-7, 2014.
The primary goal of the conference is to address the inability of many students of color to access high-quality pre–K through higher education — still uneven for young people from historically marginalized groups and/or in many urban and increasingly in suburban settings. While many policy proposals have focused on access to education, there has been much less attention to racial inequality and segregation in access to P–20 education, even as the percentage of students of color is rapidly increasing. This conference seeks to explore what strategies have been effective in expanding educational opportunities for these students — and how we can implement additional best practices that will ensure equity in public education for the future.
Thursday, August 1, 2013
The U.S. Office of Special Education is holding its national conference right now, and Jim Gerl at the Special Education Law Blog is live blogging the OSEP conference. Solutions about shutting down the school to prison pipeline is being discussed at the conference, including restorative justice principles. OSEP is making the conference materials available here.
Tuesday, July 30, 2013
The Section on Education Law of the Association of American Law Schools issues this call for papers in connection with its program at the AALS annual meeting Jan. 2-5, 2014 in New York City. The program topic is “Law and the Education of Students with Disabilities,” and will be co-sponsored by the Section on Disability Law.
Law and the Education of Students with Disabilities
For generations, public schools excluded students with disabilities or shunted them into separate and inadequate programs. In the wake of Brown v. Board of Education, parents of students with disabilities began demanding full and equal educational opportunity for their children. Landmark court cases and legislation followed. In what is now a mature legal regime dominated by the Individuals with Disabilities Education Act and other statutory provisions, new challenges have emerged: insuring high achievement, preventing racially segregated placements, dealing with charter schools and other choice initiatives, optimizing inclusive education, and calibrating remedies for denials of appropriate education. A panel of distinguished experts in education and law, including Thomas Hehir of the Harvard Graduate School of Education, Robert Garda of the Loyola University New Orleans School of Law, and Terry Jean Seligmann of the Drexel University School of Law, will address pressing legal issues in the schooling of students with disabilities. One additional speaker will be selected from a call for papers.
The Section on Education Law is now soliciting papers analyzing current legal problems regarding education of students with disabilities. The author of the paper that is selected will be invited to join the panel at the Education Law program in January and will also be offered publication of the paper in the DePaul Journal for Social Justice.
Deadline Date for Submission: September 1, 2013.
Proposal Requirements: Individuals wishing to be considered should submit an abstract of 200-350 words and a draft paper evidencing substantial work towards a final product. Preference will be given to scholarly contributions that offer a novel insight on issues that relate to the program topic. The expectation is that the paper will be completed by January 1, 2014. Submit by email to Prof. Mark C. Weber, DePaul Univ. College of Law, email@example.com
Eligibility: Only full-time faculty members of AALS member schools are eligible to submit papers. Faculty at fee-paid schools, foreign, visiting, and adjunct faculty members, and graduate students and fellows are not eligible to submit.
Selection: The paper will be selected by a committee consisting of members of the AALS Section on Education Law. The author of the accepted paper will be offered publication in the DePaul Journal for Social Justice, but the author may publish the paper elsewhere if he or she chooses. All law school panelists will be responsible for paying their annual meeting registration fee and expenses.
Monday, July 8, 2013
The Century Foundation is hosting the following event next week:
Affirmative Action and Fisher: What Now?
July 19, 2013 from 10:00 AM to 12:00 PM at The Century Foundation D.C. Office
1333 H Street, NW, 10th Floor, Washington, D.C. 20005
Although the U.S. Supreme Court remanded the case of Fisher v. University of Texas to a lower court for further review, the justices laid out a new, tougher, set of rules for using race that require universities first to examine "race-neutral alternatives." What are the benefits and drawbacks of various options: Providing a leg up to economically disadvantaged students of all races? Admitting students in the top percentage of their high school class, irrespective of test scores? Creating new partnerships between universities and high schools? Facilitating transfers from community colleges? Eliminating legacy preferences for the children of alumni?
Anthony P. Carnevale, Director, Georgetown University Center on Education and the Workforce
Jennifer Gratz, Founder and CEO, XIV Foundation, and plaintiff in Gratz
Lani Guinier, Bennett Boskey Professor of Law, Harvard Law School Nancy McDuff, Associate Vice President for Admissions and Enrollment Management, The University of Georgia
Richard D. Kahlenberg, Senior Fellow, The Century Foundation
Nancy McDuff, Associate Vice President for Admissions and Enrollment Management, The University of Georgia
Jamaal Abdul-Alim, contributing writer, Diverse Issues in Higher Education (moderator)
Friday, May 31, 2013
The Fordham Urban Law Journal is soliciting articles for its upcoming special issue: New IDEAs: How to Adequately Educate Urban Schoolchildren with Disabilities. This issue of the Journal will address many of the shortfalls of the IDEA, as well as possible legal remedies or reforms that will help to support the IDEA’s goals. The journal is particularly interested in including articles that address, critique, or voice concerns over how the IDEA is currently applied in urban schools and articles that propose reforms or remedies so that urban school children will have an appropriate education, including: Funding (for example, disparities in federal, state, and local funding; reimbursement to parents for accommodations); Implementation of the Act (for example, hiring or assessing qualified special education teachers, overly bureaucratic procedures,
or other administrative difficulties); Educational Quality between Districts, Cities, and Socioeconomic Groups; Judicial Review (for example, the requirement that parents must appeal to an administrative body first before they are given a right to appeal to a civil court); Early Identification and Intervention
If you are interested in submitting an article for publication, please submit a one-page proposal as soon as possible. Articles will be selected on a rolling basis. The Fordham Urban Law Journal requires articles to be between 10,000 and 25,000 words, including text and footnotes.
Thursday, May 16, 2013
Upcoming Conference and Report on Community Colleges as a Bridge to Higher Educational and Economic Opportunity
Rick Kalhenberg and the Century Foundation are hosting "Bridging the Higher Education Divide:
Strengthening Community Colleges and Restoring the American Dream" next week in Washington, DC. See below for more details. The Century Foundation will be releasing its report on the subject there as well. For those who cannot make it, it will be webcast. I will update this post with the link when it is available.
Bridging the Higher Education Divide:
Strengthening Community Colleges and Restoring the American Dream
Thursday, May 23, 2013 11:00-12:30 (panel discussion) to be followed by
Knight Conference Center at Newseum, 8th Floor
555 Pennsylvania Avenue, NW
(Entrance located on 6th Street between Pennsylvania Avenue and C Street)
Community colleges are more important than ever to American economic competitiveness and social mobility, yet more than half of entering students fail to receive a certificate or degree within six years. Many fine efforts are being pursued to scale up best practices at community colleges, but should we go further and rethink the basic ways in which two-year institutions are financed and governed? Please join us for the release of the report of The Century Foundation Task Force on Preventing Community Colleges from Becoming Separate and Unequal. Learn more about the 22-member Task Force, which was supported by the Ford Foundation and co-chaired by Eduardo Padrón and Anthony Marx. The forum will feature:
Martha J. Kanter, Under Secretary, U.S. Department of Education
Anthony Marx, President, New York Public Library and Former President, Amherst College (Task Force Co-Chair)
Eduardo Padrón, President, Miami Dade College (Task Force Co-Chair)
Richard D. Kahlenberg, Senior Fellow, The Century Foundation (Task Force Executive Director)
Isaac Cameron, Former Student, Highline Community College, and Amherst College Graduate