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Non-Profit Revitalization Act of 2013

On December 18, 2013, Governor Andrew M. Cuomo signed into law the Non-Profit Revitalization Act of 2013 (the “Act”).  The Act signifies the first substantial overhaul of the laws governing New York’s nonprofit sector in almost a half-century.  The Act, which will take effect on July 1, 2014, amends numerous sections of the New York [...]

California School District Enacts Social Media Surveillance to Counter Cyber Bullying

In response to a series of cyber bullying related teen suicides that took place in Los Angeles last year, the Southern California school district has decided to employ a social media monitoring service enabling the school to take a proactive role in curtailing cyber bullying with the hopes of saving teen lives and ensuring teen [...]

Supreme Court Upholds Strict Scrutiny Standard in Affirmative Action

On June 24, 2013, the Supreme Court in Fisher v. University of Texas reaffirmed that the strict scrutiny standard of review applies when evaluating a university’s affirmative action admissions program. On these grounds, by a 7-1 vote, the Supreme Court, vacated and remanded the Fifth Circuit’s decision affirming that the University of Texas at Austin [...]

Girl Banned from Football because of Her Gender

Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated equal opportunity regarding the promotion and expansion of extracurricular sports for female students. Back in March of 2012, Cynthia Augello, Associate [...]

A Bus Driver’s Right Not to Get Involved in Physical Disputes

The yellow school bus is an iconic form of transportation that has provided a longstanding service to families by picking up their children and driving them to school. As a school provided service, bus drivers are trained on how to operate the bus and abide by road regulations in order to safely transport student riders [...]

Student Success Act

In 2002, George W. Bush signed into law the No Child Left Behind Act (“NCLBA”). Once considered a revolutionary piece of legislation, its “one size fits all” standardization has proven to be an impossible undertaking for some schools to achieve. In particular, the NCLBA requires all students, from third through eighth grade, to become proficient [...]

Are E-mails Education Records Under FERPA?

If a student sends an e-mail complaining about a professor, should the professor have the right to see the name of the student that wrote the complaint? What if a professor writes an e-mail to another professor about a student, would a student have the right to access to the e-mail because the e-mail discusses [...]

Chicago School Closings Update

The injunction hearing regarding the closings of around 50 Chicago Public Schools began Tuesday July 16 and continued through Friday July 19, 2013.  The Board of Education of the City of Chicago has been brought to court by parents from the school district and teachers from the Chicago Teachers Union because of the disproportionate affect [...]

Hitler a Part of the Justice League?

As part of a long-standing tradition, freshman art students at Thailand’s premier Chulalongkorn University designed a mural for the graduating class. Unfortunately, in an act of poor taste and lack of forethought, the students’ display depicted Adolf Hitler giving a Nazi salute surrounded by superheroes such as Batman and Captain America. Hitler, painted in gray [...]

Math Test Equals Strip Search? It Just Doesn’t Add Up

Recently in Quebec, a high-school staff stripped searched a class of twenty eight sophomores before a math exam. On the day of the exam, the staff requested that every student place their cell phone on the teacher’s desk in order to prevent any cheating. When the staff realized one of the phones could not be [...]