Category Archives: Children

Note: The Misguided Appeal of a Minimally Adequate Education

Note: The Misguided Appeal of a Minimally Adequate Education, 130 Harv. L. Rev. 1458 (2017).

Article: Giving Vulnerable Students Their Due: Implementing Due Process Protections for Students Referred from Schools to the Justice System

Article: Meredith S. Simons, Giving Vulnerable Students Their Due: Implementing Due Process Protections for Students Referred from Schools to the Justice System,  66 Duke L.J. 943 (2017).

There are two primary ways that schools can funnel children into the “school-to-prison pipeline.” The first is by simply removing children from school via expulsions and suspensions, which increase students’ chances of dropping out and getting in trouble with the law. The Supreme Court, recognizing the serious consequences of being forced out of school, has held that expulsions and long-term suspensions constitute deprivations of students’ property interest in their educations and liberty interest in their reputations. Thus, schools seeking to expel or suspend students must provide them with basic due process protections. But schools can also refer students directly to the justice system by having police officers arrest students or issue citations at school. Under current law, these students are not entitled to any due process protections at the point of arrest or referral.

This Note argues that the absence of due process protections for students who are arrested or referred to the justice system at school is incompatible with the Supreme Court’s procedural due process jurisprudence in general and its decision in Goss v. Lopez in particular. The same property and liberty interests that the Court identified as worthy of protection in Goss are implicated by in-school arrests and referrals. Therefore, school administrators who intend to have a child arrested or referred to the justice system should be required to provide students with oral notice of the accusation against them and an opportunity to respond. After an arrest or referral, the school should provide students and their parents with written notice of the arrest or referral and the rationale for the action. These measures will not unduly burden administrators or schools, but they will provide meaningful protections for students.

News Article: Trump Budget Proposal Reflects Working-Class Resentment of the Poor

News Article: Eduardo Porter, Trump Budget Proposal Reflects Working-Class Resentment of the Poor, N.Y. Times (Mar. 7, 2017).

New Article: “Evolving Contours of Immigration Federalism: The Case of Migrant Children”

New Article: Elizabeth Keyes, Evolving Contours of Immigration Federalism: The Case of Migrant Children, 19 Harv. Latino L. Rev. 33 (2016).

Video: Gunner’s Journey

Video: Gunner’s Journey, by Jeremy Meek with Dine Policy Institute.

News Article: Where school choice isn’t an option, rural public schools worry they’ll be left behind

News Article: Jose A. DelReal and Emma Brown, Where school choice isn’t an option, rural public schools worry they’ll be left behind, Washington Post (Feb. 10, 2017).

News Article: Don’t be fooled by ‘school choice,’ it is the latest attempt to funnel tax money to private schools

News Article: Ken Zornes, Don’t be fooled by ‘school choice,’ it is the latest attempt to funnel tax money to private schools , Dallas News (Feb. 3, 2017).

Column: We need to fix the social safety net, not shame those who need it

Column: Kristen S. Seefeldt, We need to fix the social safety net, not shame those who need it, PBS Newshour: Making Sense (Feb. 2, 2017).

News Article: ‘An incredible impact’: Poor kids are being priced out of youth sports. Here’s one solution.

News Article: Michael S. Rosenwald, ‘An incredible impact’: Poor kids are being priced out of youth sports. Here’s one solution., Washington Post (Oct. 28, 2016).

News Article: NYT’s Kristof Blames Poverty on Too Many TVs, Not Too Little Money

News Article: Neil DeMause, NYT’s Kristof Blames Poverty on Too Many TVs, Not Too Little Money, FAIR (Oct. 31, 2016).