Tuesday, May 2, 2017

Recent Scholarship on Student Data Privacy, Compensatory Education for ELL Students, and Racial Speech on College Campuses

Prioritizing Privacy in the Courts and Beyond (Cornell Law Review)

In this article, Babette Boliek proposes privacy law changes to encourage data collection entities "to either decrease collection of sensitive data or increase investment in privacy protections." As an example of the type of privacy issues that lax rules can create, the article uses the ongoing litigation of Morgan Hill Concerned Parents Assn v. California Department of Education, "where the otherwise FERPA-protected school records of an estimated ten million students were ordered to be disclosed—including addresses, social security numbers, birthdates, disciplinary records and test scores." The article is available on SSRN here.

The Right to Be Racist in College: Racist Speech, White Institutional Space, and the First Amendment (Law & Policy)

Wendy Leo Moore and Joyce M. Bell examine recent racial incidents on college campuses  "within a broader context of race and institutions, suggesting a connection between overt racist expressions and the more covert elements of neoliberal color‐blind racism." The abstract on SSRN is here.

Compensatory Education is Available to English Language Learners Under the EEOA (Alabama Civil Rights and Civil Liberties Law Review)

Kevin Golembiewski has posted a forthcoming article  that encourages courts to recognize that the Equal Educational Opportunities Act (EEOA) "permits awards of compensatory education—a powerful tool for remedying deficits that develop when a student’s educational rights are infringed." The article on SSRN is here.


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