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The relationship of intercollegiate athletics and the federal Title IX statute has been the subject of significant concern and academic inquiry. This article explores the legal and legislative history of Title IX and the statute's impact on intercollegiate athletic programs and practical solutions for compliance. The article is broken into three distinct parts. Part I details a brief history of Title IX congressional, judicial, and regulatory involvement/enforcement over the past 36 years. Part II examines Title IX's application in practice with regard to public institutions and athletics. In Part III, the researchers present recommendations to wrestling programs and other men's teams concerning the economic realities of intercollegiate athletics. Specifically the researchers examine the wrestling community's legal and legislative challenges and explain how colleges' economic decisions and zeal for competitive teams at the "revenue sports" level are at the core of wrestling's dilemma rather than the law itself. The researchers also suggest more constructive solutions for preserving and expanding athletic opportunities for all without cutting men's sports programs. In particular, they argue that instead of attacking Title IX and women's sports, the wrestling community should form alliances with women's teams and their advocates to reverse the reallocation of resources in the college athletics arms race. [ABSTRACT FROM AUTHOR]

This article addresses the role of the state and state formation in the establishment of national education during the nineteenth century and early twentieth century. Through a comparative case analysis of two countries at the European periphery (Finland and Turkey), this article shows how national educational systems, in both instances, were driven by periods of intense state building. In the nineteenth century, military defeats sparked educational reforms, and in the early nineteenth century school laws were enacted due to the establishment of the republics of Finland and Turkey. Nevertheless, these examples also show the limits of a state formation perspective. Despite changes in educational policy, neither state reached high enrolment levels in the nineteenth century, and only in Finland schooling for all was realised in the 1930s. Thus, this work encourages further comparative analyses of the social, economic and political circumstances in which these states acted. [ABSTRACT FROM AUTHOR]

Before the nineteenth - century's mandatory education laws, churches and towns created schools according to local needs. The one-room school was a product of local community and autonomy. Educational reformers sought to standardize schooling through guidelines for schoolhouse and playground design and standards for curriculum and attendance. These external reform movements provided the impetus for communities to reform or resist such impositions. America's social memory of the 'little red schoolhouse' paints the picture of one-room schools as sites of conformity and innocence, but historical archaeology of specific schools reveals tensions encoded in these buildings, their documentary records, and associated artifact assemblages. [ABSTRACT FROM AUTHOR]

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private school choice devices like vouchers, tax credits, and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors--discussed in detail below--that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. As a result, millions of American children now attend privately operated, publicly funded schools. This rise in a "sector agnostic" education policy has profound implications for the state and federal constitutional law of education because it blurs the distinction between charter and private schools. This Article explores three of the most significant of these implications. [ABSTRACT FROM AUTHOR]

Background/Context: Pickering v. Board of Education, decided by the U.S. Supreme Court in 1968, is considered the high-water mark in the constitutional protection of public employee free speech. Two significant decisions issued by that Court since Pickering have limited public employees’ expressive rights: Connick v. Myers and Garcetti v. Ceballos. Purpose/Objective: The principal research questions which were the focus of this study are: is the adverse effect on free speech presumed by legal analysts following Connick and Garcetti having real effects in terms of judicial voting behavior and, if so, how has this occurred? Research Design: We set up legal precedent and the judge’s ideology as predictors of judicial voting behavior. The legal precedent variable delineates three intervals, namely the Pickering era [1968–1983], the Connick era [1983–2006) and the Garcetti era [2006–2014]. Two different measures of ideology are considered: party affiliation and the judge’s DWNOMINATE score. The dependent variable is the judge’s individual vote in each case. Votes are categorized as pro-employer or pro-employee. Data Collection and Analysis: Because our interest is specific to K–12 settings we analyze 507 judicial votes drawn from the 169 U.S. Courts of Appeals employer-employee free speech cases brought by school employees between the issuance of Pickering in 1968 and the post- Garcetti period into 2014. Since our dependent variable is dichotomous the statistical estimates are obtained via logistic regression. Conclusions/Recommendations: We find that employee-plaintiffs are prevailing at lower rates at the U.S. Courts of Appeals in free speech claims against public school districts following the Garcetti decision. Since Garcetti, Courts of Appeals judges—those appointed by both Republican and Democratic presidents—have voted in an increasingly pro-employer direction. We contend this results from “doctrinal signaling,” here, the progressive curtailment in the Supreme Court of public employees’ free speech rights from Connick v. Myers in 1983 to Garcetti. We suggest this “signaling” is used by Courts of Appeals judges as an interpretive tool to give meaning to apparently ambiguous decisions such as Garcetti. Finally, the impact and implications of this negative trend for K–12 employees, as well as possible solutions, are considered. [ABSTRACT FROM AUTHOR]

American public schools experienced a substantial reduction of black-white segregation after the Supreme Court ordered the immediate desegregation of Mississippi schools in 1969. Past research has shown that progress slowed by the 1990s, with some arguing that segregation actually began to rebound. This study is the first to examine enrollment data for each decade between 1970 and 2010 for a comprehensive set of districts across the country and also the first to include data for 1980 for a national sample of districts. It provides definitive evidence that most desegregation occurred in the 1970s, with little subsequent change. It also addresses two questions about the desegregation process. First, how closely was it tied to court orders for a particular school district or for a neighboring district? Desegregation was greatest in response to a legal mandate, but it also extended to districts that never faced court action. Second, what was the effect of mandates on white flight? White student enrollment declined generally in these decades but more in districts that faced a mandate in the immediate past decade. White flight contributed to a modest increase in segregation between school districts, but desegregation within districts was sufficient to result in a large net decline at a metropolitan level. [ABSTRACT FROM AUTHOR]

The declining economy of the Dutch Republic obliged city governments in the eighteenth century to take measures to undo the effects of the social deterioration. They therefore founded schools for the poor and sometimes gave full financial support. After 1795, the Batavian Revolution proclaimed that primary education was a state affair, but after a contest for hegemony between political elites, funding of schools in particular was left to provinces and communities. The desolate finances of the Batavian Republic made it nearly impossible for the national government to intervene with financial resources. After 1813 the situation did not change much; under King William I the decentralised funding model remained despite his absolutist activity. The constitution from 1848 offered freedom but after the new law of 1857 confessional politicians promoted private education because they found the neutral character of public education unacceptable for their children. Liberals aggravated the demands for primary education and were responsible for the fact that communities received state support to fulfil the demands in the law of 1878. But liberal hegemony broke down and confessional politicians succeeded in gaining state support for private schools in 1889 in exchange for their cooperation with the extension of suffrage. This process was repeated after 1913 when liberals negotiated with Christian politicians concerning general suffrage and equal funding of the private schools. The Dutch state dominated through that result in 1920 primary education but did not gain a monopoly. [ABSTRACT FROM PUBLISHER]

The article discusses the politicization and censorship of U.S. history textbooks and the article "A 'Pure History Law'" by James Franklin Jameson, published in the July 1923 issue of the journal. Emphasis is given to topics such as textbook laws in Wisconsin and Texas, the role of nationalism in historiography, and citizen participation in history curricula.

The myth of the heroic teacher posits that transformational educators, through sheer will, dedication, and selflessness, can break through complacent school bureaucracies to alter the lives of students born into difficult circumstances. Like all myths, the heroic teacher myth functions as depoliticized speech; it reconciles the competing egalitarian and individualistic components of the American Dream by providing a heroic resolution to indissoluble tensions. As president, Lyndon B. Johnson invoked his experience as an educator to construct a character formally aligned with historic conceptions of ideal teaching. Through this construction, he developed a framework of educational heroism that related synecdochically to the institutional reforms propounded by his landmark education legislation. By analyzing Johnson's education policy rhetoric between 1964 and 1966, I argue that Johnson's use of the heroic teacher myth operated to shift the antipoverty emphasis of the Great Society to the center of federal calls for education reform. I conclude by juxtaposing Johnson's invocation of the myth against that of contemporary education reformers, who marshal the myth toward a less sustainable vision of education that valorizes heroic teachers as the solitary cure for poverty. [ABSTRACT FROM AUTHOR]

The article discusses the legal aspects of education clauses in corporate charters in the U.S. as of 2014, focusing on the reported impacts of an industrial revolution in American on the nation's child welfare law system. A historical overview of how corporations in the U.S. educated children is provided, along with information on colonial instruction laws, public monopolies, and capitalism in America. U.S. labor laws, compulsory school attendance, and colonial apprenticeship laws are examined.

Background/Context: The current debate about historically Black colleges and universities (HBCUs)--whether these colleges are needed in a society that "seeks" equality--is not new but is the product of a continuing controversy that dates back to the close of the Civil War. ,Since then, each landmark in the history of HBCUs has occasioned renewed discussions of the role of these colleges, with implications for the role of Blacks in society. Purpose/Objective/Research Question/Focus of Study: This article will examine the legal and social forces that have had an impact on the development of HBCUs. In exploring this history, the authors will employ Derrick Bell's notion that most Whites will only accommodate the interests of Blacks in achieving racial equality when it is in the best interest of middle- and upper-class Whites--interest convergence. Research Design: This study is historical in nature, drawing on legal cases, archival documents, legislative decisions, and past research related to the funding, classification, and state of HBCUs. Conclusions: The authors found that in all but a few cases, legal court decisions, laws, acts, and state and federal decisions as they pertain to HBCUs also had intentional or unintentional benefits for White students and historically White institutions. [ABSTRACT FROM AUTHOR]

The Supreme Court's 1925 ruling in Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary (Pierce), striking down a law from Oregon that would have required all children, other than those needing special education, between the ages of 8 and 16 to attend public schools, essentially upheld the right of nonpublic schools to operate. At the same time, the Court recognized that state officials could “reasonably…regulate all schools, to inspect, supervise, and examine them, their teachers and pupils” (p. 534). However, in practice, other than health and safety code issues, educational officials typically impose fewer restrictions on nonpublic schools than on public schools, particularly on curricular content. In light of the significant curricular differences between public and nonpublic schools, this two-part article reflects on how educators in both systems can learn from one another as they seek to ensure the presence of diversity of educational perspectives in the marketplace of ideas. The first part of the article examines legal developments on selected curricular issues, and the second section offers recommendations on how educational leaders can work to maintain the vibrancy of American schools by affording parents the opportunity to send their children to study in schools best meeting their needs. [ABSTRACT FROM PUBLISHER]

This article explores Lyndon Baines Johnson's and George W. Bush's use of key policy terms to justify their education policies. President Johnson fore grounded the key policy term of "opportunity," whereas President Bush emphasized the term "accountability." Conveying a confident, forward-looking view of society, opportunity charged the federal government with distributing educational resources among local communities. Replacing confidence with skepticism, accountability shifted the federal role from providing inputs to insisting on outcomes. Accountability situated the federal government as the ultimate authority that set educational standards and determined if local communities met them. [ABSTRACT FROM AUTHOR]

Background/Context: Though the impact of the legal system in shaping public education over the last sixty years is unquestioned, scholars have largely overlooked the impact of the legal system on the early development and trajectory of public schools in America. Scholars have given particularly little attention to the period in the late nineteenth and early twentieth century, when states began passing laws requiring that children attend school for some portion of the year. These laws brought an end to the era of voluntary schooling in America while posing a difficult set of legal and educational questions for judges who had to interpret and apply them. The evolving logic of these decisions subsequently shaped the role, purpose, and form of education in America. Purpose/Objective/Research Question/Focus of Study: This article offers a legal history of compulsory education in the late nineteenth and early twentieth century. In doing so, it seeks to understand the role that courts played in shaping the character and development of the modern school system by examining court cases that stemmed from the passage of compulsory schooling laws. By examining decisions from both before and after the passage of these laws, it is possible to trace shifts in judicial thinking about the role and purpose of these laws and to recognize the role that these rulings played in developing a specific vision--and particular grammar--of schooling. Research Design: This article is a historical analysis that focuses exclusively on cases brought in state courts relating to the rights of parents to control the education of their child before and after the passage of compulsory schooling laws. Though the rulings examined were issued by individual state courts and state supreme courts, attention is paid to the sharing of ideas between courts from different states and the collective vision of the purpose of compulsory school laws that resulted. Conclusions/Recommendations: The shift from voluntary to compulsory schooling that occurred at the turn of the century was attended by an equally dramatic shift in the educational vision articulated by judges. The courts began the period with a view of the aims of education as being synonymous with learning, only to end the period with a view of education as being synonymous with attendance at school--a change that represents a shift from educational substance to educational formalism. Thus, this article argues, the history of compulsory education is also the history of the rise of educational formalism, and the courts played an important, and as yet unrecognized, role in legitimating and facilitating a vision of schooling that privileged certainty and order over substance and complexity. [ABSTRACT FROM AUTHOR]

The article discusses gender stereotypes and school dress in the U.S. school system as of January 2012, focusing on the constitutionality of school dress codes, as well as the U.S. Supreme Court cases Tinker v. Des Moines School District and United States v. Virginia. A student's First Amendment rights under the U.S. Constitution are examined in regards to school dress, appearance, and hygiene. In Tinker, a group of students were suspended for wearing black armbands to school as a sign of protest against the Vietnam War. Content-based speech restrictions are considered unconstitutional under the U.S. Constitution.

The article discusses special education law in the U.S. as of January 2012, focusing on the U.S. Supreme Court cases Brown v. Board of Education and Board of Education v. Rowley, as well as the impact of educational legislation and case law on minority students in the U.S. such as African Americans, Hispanic Americans, and Native Americans. One difference between the cases of Brown and Rowley is the categorization of the students involved. In Brown, the students were categorized by race, and in Rowley they were categorized by disability.

This article traces the emergence of a new culture of the body through the physical education curriculum in schools in Bulgaria during the years following World War I. The analysis focuses on the rhetorical and institutional links between a cult of the body and the right-wing discourse on national regeneration which was dominated by a particular concept, image and norm of masculinity. The underlying theory and practice of physical training in state schools were reflections of the concern to strengthen the ‘national body’. The public perception of national strength incorporated masculine attributes which, in turn, influenced the construction of male and female gender roles that the physical education programme was designed to re-inforce. This article explores the masculinisation of Bulgarian national identity in terms of how it was ideologically constructed and reflected in the legislation, government acts and the school curriculum during the period from 1918 to 1944. [ABSTRACT FROM PUBLISHER]

Historical synopses of special education litigation in the USA often reflect traditional perspectives. Because these traditional perspectives are commonly referenced by legislators and judges when new legislation is crafted and judicial decisions are handed down, a reliance on these traditional historical synopses may perpetuate a status quo - which may or may not advance the interests of students with disabilities. We argue that some special education legal cases are decided upon and written from traditional perspectives. This allegiance to traditional perspectives may lead to intentional or unintentional discrimination against children with disabilities. This paper examines the seminal special education case, Hendrick Hudson Central School District v. Rowley, to determine the extent to which those traditional perspectives continue to infiltrate all special education cases 25 years later. [ABSTRACT FROM AUTHOR]

An essay on the link between the Catholic Church and the Scottish government in relation to education in the late 19thh century is presented. According to sociologist Andrew McPherson, the turning point in the Church, state and the educational system in Scotland came in 1834. From 1872 to 1918, the stature of the Catholic Church in providing education has improved thus leading to the enactment of the 1918 Education Act.

A decade after Kinsey published his famous studies on sexuality, a special legislative committee in Florida targeted gay and lesbian teachers in an investigation that led to the dismissal and loss of credentials for scores of educators. The Florida purge of 1959—1964 remains without parallel in educational history in terms of its intensity and scope. This historical analysis traces the actions of the legislative committee, the State Department of Education, the Florida Education Association, and the Florida Supreme Court in pressing discrimination against gay and lesbian teachers into law as the locus of oppression shifted from a renegade legislative committee to a permanent state institution. [ABSTRACT FROM AUTHOR]

This article makes a historic and legal analysis of the last hundred years of legal dispositions, rules that regulate the hiring of public teachers in Costa Rica, its advances and setbacks, aiming at guaranteeing the principles of suitability, equal opportunity and professionalization of the teachers that work for the public education system. The non-legal origin of the problems is emphasized; this does not happen because of causes such as lack of political will, institutional problems, lack of resources and, lack of a proper teacher preparation concerning their rights. The article proposes some administrative and ethical solutions, and also some legal changes in the operation of the Court that judges teachers' claims in this matter. [ABSTRACT FROM AUTHOR]

Explores the philosophical and political antecedents of three of the principal actors behind the 1870 Education Act of Great Britain. Impact of the Education Act on the history of English and Welsh education; State's role in education provision; Personal, political and ideological cohesion among educators William Forster, Earl de Gray and Ripon and Henry Austin Bruce; Issues surrounding the creation of the law.

Discusses child labor in Great Britain during the Victorian era and its effect on child welfare, education, politics and legislation. Influence of economic expansion and recession on child labor; Economic and employment debates over child labor; Effect of labor on child development; Provisions of Richard Denman's bill on child labor and education.

Analyzes the church-state implications of the 1944 Education Act in Great Britain. Enactment of compulsory Christian education in all state-maintained schools; Denial of state aid to groups of educationalists and parents interested in a purely secular education; Protestant bias of the act; Barring of headships to teachers who are non-members of the Church of England.

Traces the development of the 1918 Education Act through a discourse of the major education legislations in early twentieth century England. Emerging influence of Nonconformists in 1903; Sir Henry Campbell-Bannerman's government; Lloyd George's contributions.

Discusses ways in which the Catholic Church in France benefited from the establishment of the Falloux Law in 1850, which permitted any qualified Frenchman to establish a secondary school. Ways in which the law challenged the ability of the church to adjust to and affect modern society; Catholic attitudes toward classical humanism in the years after the Falloux Law.

The article gives a detailed history and explication of legislation dealing with the support of German education and employment. Initiatives in technical education offered at the secondary school level are described for each of eleven German provinces. Legal clauses are cited that deal with vocational training and continuing education in the workplace.