Law Review Digests-Primary and Secondary Education

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Articles

Johnny Rex Buckles, The Constitutionality of the Monkey Wrench: Exploring the case for Intelligent Design, 59 Okla. L. Rev. 527 (2006). This article argues that teaching intelligent design in public school science classrooms may be constitutionally permissible in some cases, and that a decision to forbid the teaching of intelligent design may be impermissible. The author surveys Supreme Court cases that provide the legal background necessary to analyze the constitutional implications of teaching intelligent design. Courts must scrutinize auricular offerings that purport to teach intelligent design in public schools, but if properly structured, courts must not dismiss the idea as the latest version of Biblical creationism masquerading in scientific terminology.

Wendy F. Hensel, Sharing the Short Bus: Eligibility and Identity under the IDEA, 58 Hastings L.J. 1147 (2007). This article tracks the development of laws intended to protect disabled students tiirough the Individuals witii Disabilities Education Improvement Act of 2004 (IDEA). There has been a gradual expansion of the characteristics used to determine whetiier a student requires disability services. The current struggle in the debate centers on this expansion and the impact it has on the limited resources available to school districts. The author argues mat narrowing the view will still consume resources because schools will be required to provide services for poorly performing students whetiier or not tiiey are labeled disabled. Shifting the focus from how student disabilities are recognized to the extent of services available to disabled students will continue to lessen the stigma incurred from a diagnosed disability.

Danielle Holley-Walker, The Importance of Negotiated Rulemaking to the No Child Left Behind Act, 85 Neb. L. Rev. 1015 (2007). This article examines the failure of NCLB by criticizing the day-to-day administration of the Act and its impact on schools and students. To develop regulations for implementing NCLB, Congress directed the use of negotiated rulemaking, a process where the Department of Education collaborates with state education boards, school districts, teachers, parents, and students. The author argues tiiat failing to utilize this process for NCLB has created greater bureaucracy for school systems and increased conflict between the states and federal government. In order for NCLB to succeed, tiiere must be significant participation throughout the process from all NCLB stakeholders.

Rita J. Verga, Policing Their Space: The First Amendment Parameters of School Discipline of Student Cyberspeech, 23 Santa Clara Computer & High Tech. L.J. 727 (2007). Drawing from specific examples occurring in Pennsylvania, this article addresses whether and when disciplinary action may be taken against public school students who engage in both on and off-campus cyber speech. The author applies Supreme Court cases to the Pennsylvania cyber speech situations and develops several bright-line rules for schools to follow. The author believes that conflicts over cyber speech will diminish, but not cease completely, as students, teachers, and administrators better understand each others' perspectives and the boundaries of their respective legal rights.

Lindsay Perez Huber, Robin N. Johnson, and Rita Kohli, Naming Racism: A Conceptual Look at Internalized Racism in U.S. Schools, 26 Chicana/o-Latina/o L. Rev. 183 (2006). This article takes a comprehensive look at internalized racism within schools. The article begins by discussing previous research on internalized racism in both psychology and education. Next, the autiiors examine the ways in which racism manifests in teachers, curriculum, and resources in the school. The article ends with an examination of the possible consequences students of color face as a result of internalized racism.

Harry G. Hutchison, Shaming Kindergarteners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools, 56 Cath. …