New Article: Taurus Myhand, A Dream Still Deferred: The Unlawful Use of Student Fees for Instructional Technology in an Alabama Public School Causing a Disparate Impact for Minority Children, forthcoming Rutgers Race & the Law Review, Spring 2018. Abstract below:
In framing the United States Constitution, the public education mandate was reserved for the states to strengthen, not weaken, the efforts of the governments to provide an education for the people. However, there are far too many instances where equal access to educational opportunities is still a dream deferred for many racial and ethnic minority children that are enrolled in public school systems throughout the United States. That is particularly the case for racial and ethnic minority students at one public school system in Alabama.
This Note explores the constitutional issues raised by Pike Road School System’s use of mandatory technology fees in the public-school setting. Part I discusses the absence of a public education mandate in the United States Constitution. Part II discusses the technology policy of the Pike Road School System and the student fees being imposed for the use of “instructional technology.” Part III discusses the Alabama constitutional and statutory public education mandate. Part IV discusses the disparate impact being caused by the school system’s mandatory technology fees. The Note concludes with a brief discussion of the need for a more dignified solution for school systems that are seeking to hold a high standard of educational excellence while avoiding practices that widen the opportunity gap and leaves racial and ethnic minorities with fewer opportunities.
Poverty Law 