Category Archives: Education

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.

Article: Student Debt and Higher Education Risk

Article: Jonathan D. Glater, Student Debt and Higher Education Risk, 103 Cal. L. Rev. 1561 (2015).

To borrow for college is to take a risk. Indebted students may not earn enough to repay their loans after they graduate or, worse, may fail to graduate at all. For students who cannot pay for college without borrowing, this risk is both a disincentive and a penalty. Greater risk undermines the efficacy of federal financial aid policy that seeks to promote access to higher education. This Essay situates education borrowing within a larger cultural and political trend toward placing risk on individuals and criticizes this development for its failure to achieve any of the typical goals of legislation that allocates risk—such as prevention of moral hazard or other, particular public policy outcomes.

The Essay describes dramatic increases in student borrowing and explains the negative effects of greater reliance on debt, which increases the risk of investing in higher education. The Essay contends that recognizing student debt as a mechanism that transfers risk bolsters criticisms of increased borrowing and provides a consistent way to evaluate aid policy. The Essay outlines an insurance regime as the logical response to undesirable or unmanageable risk. Such a regime would preserve access to higher education and mitigate the danger of borrowing for college.

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).

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).

New Report: “Law School Scholarship Policies: Engines Of Inequity”

New Report: LSSSE, Law School Scholarship Policies: Engines Of Inequity (2017).  News coverage here.

 

 

Article: Class-Based Affirmative Action, or the Lies That We Tell About the Insignificance of Race

Article: Khiara M. Bridges, Class-Based Affirmative Action, or the Lies That We Tell About the Insignificance of Race, 96 Boston L. Rev. 55 (2016).

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals—and groups—continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it denies that race matters, has mattered, and probably will continue to matter unless we make conscious efforts to make race matter less.

The Article proceeds in two Parts. Part I locates class-based affirmative action doctrinally. Specifically, this Part identifies class-based affirmative action as the heir of the “suspect class” to “suspect classification” shift—a shift that tells its own lie about race. The substance of this lie is that those who exist at the top of racial hierarchies are as vulnerable to denigration, stigmatization, and subordination on account of race as are those who exist at the bottom of racial hierarchies. Part II goes on to demonstrate that class-based affirmative action suffers from the same infirmities from which race-based affirmative action is charged to suffer. It argues that the reason why proponents of class-based affirmative action are sanguine about these infirmities when they are present in class-based programs, but loathe them when they are present in race-based programs, is because their opposition to race-based affirmative action is not due to these infirmities. Rather, it is due to their disdain of the work that race-based affirmative action performs. That is, race-based programs function to assert, loudly, that race still matters and does so in powerful ways. Many proponents of class-based affirmative action resist this function.

Moreover, class-based affirmative action functions to assert that we, as a society, have entered a post-racial future. That is, class-based affirmative action tells a lie about the insignificance of race. Many proponents of class-based programs likely find these programs attractive and comforting for that very reason. The importance of this Article is that it uncovers the narrative work that class-based affirmative action performs, and it argues that those who are interested in racial justice ought to resist these programs because of their dangerous discursive effects.

Op-Ed: “A Thank You Letter to Betsy DeVos From a Public School Teacher”

Op-Ed: Michelle Olson, “A Thank You Letter to Betsy DeVos From a Public School Teacher,” PopSugar.com,. Feb. 8, 2017.