Commentary-PRIMARY AND SECONDARY EDUCATION

Journal of Law and Education, Spring 2013 | Go to article overview

Commentary-PRIMARY AND SECONDARY EDUCATION


Articles

Tara A. Waterlander, Canines in the Classroom: When Schools Must Allow a Service Dog to Accompany a Child With Autism into the Classroom Under Federal and State Laws, 22 Geo. Mason U. Civ. Rights L.J. 337 (2012). This article argues that civil rights laws require public schools permit access to autism service animals. All three federal statutes governing whether a public school must allow a child with a disability to be accompanied in the classroom by a service animal could be interpreted as allowing a service dog to accompany an autistic student. Despite favorable federal statutes, school districts across the nation are denying these requests by students, and the author concludes that schools should not put autistic students at a greater disadvantage in the classroom by failing to abide by these regulations.

Barry Malone, Morse v. Frederick: High Court Gets Reasonable after "Bong Hits," 13 Thomas M. Cooley J. Prac. & Clin. L. 43 (2010). The author argues that the Supreme Court created a far-reaching exception to the Tinker rule by allowing principals to suppress all student speech which could be reasonably interpreted as encouraging drug use. Tinker requires a "substantial disruption" caused by student speech prior to any disciplinary action taken by the school. The author takes issue with the Court's unreasonable interpretation in Morse of a "Bong Hits for Jesus" sign as encouraging illegal drug use. The author argues that the Court erroneously emphasized the first part of the students' message while completely ignoring the second portion. The author concludes that Tinker was the better standard to apply, and that principals should not have the power of interpretation.

Charlotte Garden, Teaching for America: Unions and Academic Freedom, 43 U. Toledo L. Rev. 563 (2012). This article explores the role of unions in protecting teachers' First Amendment rights. The author notes the increasing public scrutiny placed on public educators and the recent attempts by several states to reform tenure, reduce pay and benefits, increase work hours, and limit the abilities of teachers to bargain collectively. Though the Supreme Court has not yet ruled on the issues, lower court decisions illustrate that school districts may discipline or fire teachers for their curricular choices, even when those choices are pedagogically sound. The author advocates for collectively bargained provisions protecting teachers who make delegated curricular decisions without violating other school policies. This will promote predictability and reduce the risk that teachers will be dissuaded from presenting controversial material.

Nicole M. Oelrich, A New "IDEA": Ending Racial Disparity in the Identification of Students with Emotional Disturbance, 57 S.D. L. Rev. 9 (2012). In this article, the author posits that the definition of emotional disturbance adopted by the Department of Education has led to a disproportionate amount of African American male students being identified as having an emotional disturbance. It is suggested that the definition causes this diagnosis in a disproportionate amount due to the definition's vagueness and cultural biases as opposed to genuine emotional issues. The author concludes by suggesting a revision of the definition to more appropriately fulfill the policy concerns addressed by the Individuals with Disabilities Education Act (IDEA).

Louise Weinberg, The McReynolds Mystery Solved, 89 Denv. U. L. Rev. 133 (2011). This article focuses on the seeming inconsistency between the liberal holding of Meyer v. Nebraska, declaring a right to teach, and the conservative beliefs of the author of that opinion - Justice James Clark McReynolds. The author recounts the Meyer opinion as well as a number of subsequent cases related to the Meyer opinion. The author concludes by making the connection between Justice McReynolds's economic beliefs and the holding in Meyer.

Susan P. Stuart, A New Sheriff in Town: Armistice in the War on Drugs and Students' Civil Rights, 13 Fla. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Commentary-PRIMARY AND SECONDARY EDUCATION
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.