Posts Tagged ‘schools’

Justin Driver, The Schoolhouse Gate

The Schoolhouse Gate: Public Education, The Supreme Court, and the Battle for the American Mind, a new book by Justin Driver of the University of Chicago Law School, is a cross-cutting look at the constitutional law of American public schools — a change from the usual format of broad constitutional law scholarship, which tends to stick closely to doctrinal categories such as criminal procedure or equal protection. Introduced by Will Baude, Driver guest-posted at the Volokh Conspiracy in September on why the Supreme Court has made a difference; the high-water mark and retreat of student speech rights; corporal punishment; Plyler v. Doe on the education of undocumented minors; and transgender student restroom cases. He also summed up some of his work in a New York Times op-ed.

Schools roundup

  • Social justice education: on the march and coming to a school system near you [Frederick M. Hess and Grant Addison, National Review]
  • New wave of institutional reform litigation aims to replace democratic oversight of public schools with governance by courts, lawyers, and NGOs [Dana Goldstein, New York Times]
  • Texas Attorney General Ken Paxton, trying to force a student to stand for the Pledge of Allegiance, ignores 75 years of Supreme Court precedent [Scott Shackford] “My Daughter’s Middle School Plans to Teach Her Meek Compliance With Indiscriminate Invasions of Privacy” [Jacob Sullum]
  • “The Regressive Effects of Child-Care Regulations: More strenuous requirements raise child-care prices but have little apparent effect on quality” [Ryan Bourne, Regulation and Governing]
  • “Denver Schools Stopped ‘Lunch-Shaming’ Kids Whose Parents Didn’t Pay. The Results Were Predictable.” [Hess and Addison]
  • Wisconsin public union reform: “A school district’s implementation of Act 10 is associated with an increase in math proficiency on average. The positive impact … is consistent across small town, rural, and suburban school districts.” [Will Flanders and Collin Roth, Wisconsin Institute for Law and Liberty]
  • “Look to the Dutch for true educational pluralism” [Charles Glenn, Acton Institute]

“The pros and cons of ‘mandated reporting.'”

Advocates are pushing for laws much expanding the ranks of private actors required by law to inform to authorities on suspicions about child abuse (“mandatory reporters”). Naomi S. Riley quotes some of my misgivings: “As Walter Olson of the Cato Institute notes, increasing the number of mandated reporters could ‘incentivize’ people ‘to resolve uncertain, gray areas in favor of reporting.’ It will multiply “investigations based on hunches or ambiguous evidence which can harm the innocent, traumatize families, result in CPS [child protective services] raids, and stimulate false allegations,’ he says.” [Weekly Standard]

August 29 roundup

  • Astonishing investigation into feds’ “235 school shootings a year” statistic: “NPR reached out to every one of those schools repeatedly over the course of three months and found that more than two-thirds of these reported incidents never happened. …We were able to confirm just 11 reported incidents.” [Anya Kamenetz, Alexis Arnold, and Emily Cardinali, NPR]
  • Sentences that make you go back and read twice: “Mister Cookie Face lawyer Blake Hannafan also applauds the verdict and says 600 lb Gorillas ‘overreached.’” [AP/WHEC, Metro West Daily News on legal battle between Massachusetts dessert company and ice cream supplier]
  • “In-N-Out Burger sends pun-filled letter to beer maker to address ‘brewing’ trademark issue” [ABA Journal]
  • In Arkansas, socially conservative Family Council Action Committee enlists in the ranks against liability reform, and some less-than-charitable souls wonder whether $150,000 in donations from a Little Rock law firm might have had anything to do with that [Andrew DeMillo, AP]
  • AG Brian Frosh’s embarrassing SALT suit, religious adoption fight, Cardin’s red meat thrown to Left, union influence in Montgomery County, Baltimore water supply, and more Maryland stuff in my new Free State Notes roundup;
  • Federal court strikes down North Carolina’s U.S. House map as partisan gerrymandering, which could (or might not) lead to lively doings at the Supreme Court between now and Election Day [my new post at Cato]

Schools and childhood roundup

Janus aftermath roundup

“Illinois 13-year-old charged with eavesdropping felony for recording meeting with principal”

“For years, [Illinois] cops used the state’s eavesdropping laws to arrest citizens who attempted to record them. This practice finally stopped when three consecutive courts — including a federal appeals court — ruled the law was unconstitutional when applied to target citizens recording public servants.” But the law is “still being used by government officials to punish people they don’t like. Illinois Policy reports a 13-year-old student is facing felony charges for recording a meeting between him and two school administrators.” [Tim Cushing, TechDirt; Austin Berg, Illinois Policy, related]

Schools roundup

  • Even as Washington, D.C. saddles child-care providers with new degree requirement, it leaves unenforced some of its certification rules for public school teachers [David Boaz, earlier here, etc.]
  • Mayor de Blasio plans to overhaul admission to NYC’s elite high schools. Watch out [Lisa Schiffren, New York Post]
  • On the Banks of Plumb Crazy: American Library Association removes Laura Ingalls Wilder’s name from children’s-book award [AP/The Guardian]
  • Max Eden investigation of death at a NYC school [The 74 Million] Eden and Seth Barron podcast on school shootings and discipline policy [City Journal]
  • “The Transgender Bathroom Wars Continue in State Court” [Gail Heriot]
  • Oklahoma, West Virginia, Arizona and on: are teacher uprisings justified? [Neal McCluskey and Caleb Brown]

Frequent flyer education complainants

“According to the Education Department, 41 percent of the 16,720 complaints filed in the 2016 fiscal year came from three people,” one of whom has filed thousands of similar complaints over the web accessibility of schools’ websites. Now the department intends to wrest back some control of its civil rights docket, which sounds like a long overdue move. [Erica L. Green, New York Times]

Schools roundup

  • Thread on Broward County, Fla. discipline policies and blame-shifting after Marjory Stoneman Douglas school shooting [Max Eden on Twitter]
  • Nothing wrong with Kansas making clear that school finance is province of elected legislature, not courts [Gavel to Gavel] Study finds that successful school finance lawsuits do redistribute funds, even after public agencies adjust [Zachary Liscow via Caron/TaxProf]
  • “Why the Federal Government Can’t Mandate an Ideal School Suspension Rate” [Robby Soave, Reason] “School Discipline: Don’t Make a Federal Case Out of It” [Gail Heriot]
  • Teacher strikes might have begun backfiring [Jessica R. Towhey, Inside Sources] Are teachers underpaid as a group? [Andrew G. Biggs and Jason Richwine, City Journal] Opponents of school choice embrace a logic that might lead to overturning the landmark liberty case Pierce v. Society of Sisters [Caleb Brown, Kentucky]
  • Judge dismisses remaining “clock boy” claims against Texas school district [Elvia Limón, Dallas News, earlier here and here]
  • Kent, Wash.: “Parents sue school district after son killed in car-surfing accident” [Amy Clancy, KIRO]