A legislative contagion seemed to sweep across the Midwest during the early months of 2011. First, Wisconsin legislators wanted to strip public employees of the right to bargain. Then, Indiana legislators got into the act. Then, it was Ohio. In each case, Republican governors and Republican-controlled state legislatures had introduced substantially similar bills that sought sweeping changes to each state's collective bargaining statutes and various school funding provisions.
A smart ALEC threatens public educationCoordinated efforts to introduce model legislation aimed at defunding and dismantling public schools is the signature work of this conservative organization.
This article explores the question, Under what circumstances is single-gender education consistent with applicable law? First, a brief review of the prevalence of existing public single-gender programs at the elementary and secondary level is provided. Next, the Equal Protection Clause of the U.S. Constitution and Title IX of the Education Amendments of 1972, the two sources of federal legal authority guiding this issue, are discussed. Finally, the article analyzes the existing single-gender options to answer the question of the legality of the programs and presents issues of which those operating or considering the operation of single-gender programs should be mindful.
This study explores four instances where parental choice has been employed as a legal “circuit breaker”: (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a provision of the Individuals with Disabilities Education Act (IDEA) related to parental refusal to consent to initial special education services. In each example, while the end result would not be legally permitted if directed by some governmental decision maker, the presence of parental choice produces a permissible indirect path to the same policy outcome. This study traces the legal underpinnings of each example and discusses their implications for policymakers and practitioners.
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