table of contents - education law

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Table of Contents

2013 ELA Annual Conference Schedule ��22014 and 2015 ELA Annual Conferences ��4Feature Sessions ��5General Preconference Seminars ��6Casual Welcome Reception ��8First Feature Session: E ��9Concurrent Topic Sessions A, B, C, D, E �� 10Poster Session Presentations �� 21Round Table Presentations �� 23Concurrent Topic Sessions E, F �� 26Committee Meetings �� 26Second Feature Session: I �� 29Concurrent Topic Session G �� 30Business Meeting & Awards Lunch �� 31Concurrent Topic Session H �� 34Third Feature Session: L �� 35Concurrent Topic Sessions I, J, K, L �� 36Committee & Special Meetings �� 44Concurrent Session Tracks �� 442013 ELA Officers & Staff �� 45ELA Awards �� 46ELA Past Presidents �� 47ELA Executive Directors �� 48SLR Reporters �� 49Index: Topics �� 50Exhibitors, Sponsors, & Advertisers �� 51Index: Presenters �� 52Meals Included with Registration �� 54

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ELA 61st Annual ConferenceMarriott Downtown at Key Center | Cleveland, OH | November 3-7

2015Experience ultimate style and sophistication at the revitalized Cleveland Mar-riott Downtown, an urban retreat ranked #2 hotel in Cleveland and a top 25 US hotel by Trip Advisor which offerisstunning views of Lake Erie and the city skyline� Explore exciting attractions within a short walk of this metropolitan hotel in Cleveland, Ohio, such as the new Horseshoe Casino, Quicken Loans Arena, Browns Stadium, Progressive Field and Rock & Roll Hall of Fame�

Nestled at the edge of spectacular San Diego Bay, the Sheraton San Diego Hotel and Marina enjoys panoramic views of the bay and the city skyline yet is just ten minutes from renowned attractions�

Future ELA Conferences

ELA 60th Annual ConferenceSheraton San Diego Hotel | San Diego, CA | November 8-11

2014

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Feature Session ECivil Rights in Education: The Importance of Equal

Access and Opportunity for All Our Nation’s Students

Thursday, November 14, 20134:15 p.m. - 5:30 p.m. location: Westminster Ballroom III & IV(See page 20 for more info.)

Catherine Lhamon, J.D.,, Assistant Secretary, U�S� Department of Education, Office of Civil Rights, Washington, DC.

Feature Session IPanel Discussion on the affirmative action and related

issues brought forth in Fisher v. University of Texas

Friday, November 15, 20133:30 p.m. - 4:45 p.m. location: Westminster Ballroom III & IV(See page 36 for more info.)

David L. Gregory, J.D., LL.M., J.S.D.: Dorothy Day Professor of Law & Executive Director of the Center for Labor and Employment Law, St� John’s University School of Law, New York, NYMelissa Hart, J.D.: Professor and Director, The Byron White Center for the Study of American Constitutional Law, University of Colorado School of Law, Boulder, CORoberto Corrada, J.D.: Sturm College of Law Chair in Modern Learning and Pro-fessor, University of Denver, Denver, CODayna Matthew, J.D.: Professor of Law, University of Colorado Law School, Boulder, CO

Feature Session LSupreme Court Update

Saturday, November 16, 201312:00 p.m. - 1:30 p.m. location: Westminster Ballroom III & IV(See page 43 for more info.)

Mark Walsh: Contributing Writer/Supreme Court Correspondent, Education Week, Washington, DC; Author of the School Law Blog (sent to ELA members via the listserv)

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Legal Issues for Colorado AdministratorsWednesday, November 13, 2013 | 9:00 A.M. - 4:30 P.M. Location: Meadowbrook I

Session 1 (9:00-10:15) Section 504 and Personal Injury Litigation:

Special Education Law is No Longer Just About Educational Placements & Services

Attorneys Stu Stuller & Alyssa Burghardt, Caplan & Earnest, LLC.

Session 2 (10:30-11:45) School Safety: Crisis Prevention, Response, and Recovery

Panelists: Frank DeAngelis, principal of Columbine High School; Jim Walpole, Superintendent of Platte Canyon School District, and Larry Borland, Retired Chief of Security for Academy School District 20 and former law enforcement officer

Session 3 (1:00-2:15) Educator Effectiveness: What Can We Learn

in a Hold Harmless Year?Panelists: Allen Taggart, general counsel, Jefferson County School District, Mike Gradoz, director of Initiatives of the Colorado Legacy Foundation, and more.

Session 4 (2:30 -3:45)Restructuring

Panelists: Wendy Wyman, Superintendent Lake County (Leadville) School District; Charlotte Ciancio, Superintendent Adams County (Mapleton) School District # 1

Session 5 (3:45- 4:15) Legal Updates & Answers: Panel Discussion Q & A

Closing Remarks & Administrative Matters (4:15)

11:45 p.m. - 1:00 p.m. Lunch Break

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General ELA Preconference Seminars

Preconference 1

location: Windsor

K-12: The Principles of School Law, and How to Teach Them“The Principal’s Legal Handbook” has been the mainstay for the law classes at Winthrop University since 2005. This session will delve into prioritizing the most important things that everyone should know through a review of legal issues, teaching methods and presentations that have made School Law the most popular and highly rated course in the Educational Leadership Cur-riculum. This is an excellent session for New Attorneys, Professors, Teachers, Teacher Leaders, Assistant Principals and Principals.

Featured speakers/facilitators:

Dr. Mark W. Mitchell, M.Ed., Ed.D., Educational Leadership, Winthrop University, Rock Hill, SCSusan C. Bon, J.D., Ph.D.: Associate Professor, George Mason University, Fairfax, VA

Preconference 2

location: Waverly

HIGHER EDUCATION: Avoiding a Legal Crisis When Supporting Students of ConcernLed by a distinguished panel, this session presents practice tips based on legal issues especially those pertaining to students with disabilities (e.g., Section 504 of the Rehabilitation Act, ADA), privacy (e.g., FERPA, HIPPA), speech (e.g., true threats and incitement), and federal compliance (e.g., Clery Act).

Featured speakers/facilitators:

Jeffrey C. Sun, J.D., Ph.D.: Associate Professor of Educational Leadership/Higher Education and Affiliate Associate Professor of Law, University of North Dakota, Grand Forks, NDJoy Blanchard, Ph.D.: Assistant Professor, Higher Education, Florida International University, Miami, FLRobert J. Axmacher, J.D.: Commander, Police Department, University of Colorado BoulderRhonda V. Beassie, J.D.: Assistant General Counsel, Office of the General Counsel, Texas State University System

Wednesday, November 13, 2013 | 1:00 p.m. - 4:15 p.m.

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Casual Welcome Reception

Wednesday, November 13, 2013 | 4:30 p.m. - 6:00 p.m.

location: Kachina Grill lounge area, just off the lobby

Come enjoy a beverage, eat a few light hors d’oeuvres, and mingle with your colleagues at this evening reception—all while visiting the poster session presentation tables. Also, make sure to participate in this year’s silent auction to be the winning bidder for your favorite auction items. All proceeds go to the ELA Technology Fund.

No additional cost for paid registrants—guest tickets are available for purchase at the registration desk. Cash bar.

Attorneys can earn both general and ethics Continuing Legal Education (CLE) credits by attending the ELA Annual Conference.

CLE Credit

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First Feature Session: EThursday, November 14, 2013 | 4:15 PM – 5:30 PM

Location: Westminster Ballroom III & IV

Civil Rights in Education: The Importance of Equal Access and Opportunity for All Our Nation’s Students. This session will address the importance of equity and civil rights in educa-tion. As the quiet revolution of education reform takes place in states and cities around the country, OCR is the assurance that all students receive a quality education.

Catherine Lhamon, J.D.,, Assistant Secretary, U.S. Department of Education, Office of Civil Rights, Washington, DC.

Presider: Carlee Poston Escue Simon, Ph.D.: Assistant Professor, Educational Leadership Department, University of Cincinnati, Cincinnati, OH

Opening SessionThursday, November 14, 2013 | 8:00 a.m. - 9:00 a.m.

Location: Westminster Ballroom, III & IV

Join your constituency group for a nice breakfast to start off the conference. Meet new colleagues, renew friendships, and hear the latest updates for the best conference experience. This session combines the former role-alike meal with a welcome, introductions, and announcements.

The Education Law Association has several endowments that ELA members have funded. Choose to support the Joseph C. Beckham Dis-sertation of the Year Award, the Steven S. Goldberg Award for Distin-guished Scholarship in Education Law, or the George Jay Joseph Edu-cation Law Writing Award endowments. Help us continue offering these prestigious national awards each year! Call us at 216-523-7377.

Endowment Fund Opportunities

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Concurrent Topic Sessions AThursday, November 14, 2013 | 9:15 – 10:30 am

A1: Educational Ethics

Location: Westminster Ballroom 1

Employee Speech in Public Schools: When Law and Ethics CollideThis presentation closely examines recent appellate cases where Garcetti is applied to public school whistle‐blowers who allege adverse employment retaliation for expression that confronts malfeasance in the workplace.

Richard T. Geisel, J.D., Ph.D.: Associate Professor, Educational Leadership Department, Grand Valley State University, Grand Rapids, MIBrenda R. Kallio, Ed.D.: Associate Professor, Educational Leadership Depart-ment, University of North Dakota, Grand Forks, ND

The Ethical Transgressions and Resultant RepercussionsThis study examines ethical behavior in the schoolhouse through the vantage point of state codes of ethics, case law, and data analysis.

Deborah E. Stine, Ph.D.: Professor, Educational Leadership and Curriculum Dept., California State University, San Bernardino, CADavid O. Stine, Ed.D.: Board Member, Professor Emeritus, California State University, San Bernardino, CA., Brandman University, Rancho Cucamonga, CA.

Presider: Natasha Wilson, J.D., Ph.D., Post-Doctoral Fellow, NYU Wagner School of Public Service, New York, NY

A2: Equal Protection, Civil Rights, Due Process

Location: Flat Irons (2nd Floor)

The Intersection of Hazing, Monophobia, and Title IX in Male High School SportsThis presentation will examine high school hazing as a misplaced xpression of masculinity among high school male athletes, based on the fear of homo-sexuality. Since this type of hazing can be considered “on the basis of sex,” causes of action alleging violation of Title IX will be explored, and court decisions analyzed.

Kathleen Conn, Ph.D. J.D., LL.M.: Associate Professor, Division Of Education and Human Services, Neumann University, Aston, PA; Adjunct Professor, Widener University School of Law, Wilmington, DE

Presider: Robert Hachiya, Ed.D.: Assistant Professor, Educational Leadership Department, Kansas State University, Manhattan, KS

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A3: Technology/Educational Policy & Administration

Location: Westminster Ballroom 1I

Social Networking and Pre-service TeachersThis presentation will provide a discussion of ongoing qualitative interviews examining the foundational perceptions of pre‐service teachers regarding the use of social media in K‐12 education.

Kelly M. Benson, Ed.D.: Assistant Professor, Educational Foundations and Cur-riculum, Central Washington University, Ellensburg, WADonald K. Wattam, Ed.D.: Assistant Professor, Department of Leadership and Counseling, Central Washington University, Ellensburg, WA

Top Current Legal Issues Facing K-12 AdministratorsThis interactive session discusses current legal topics that challenge school administrators on a daily basis. Session attendees are encouraged to raise questions and actively participate in the discussion. Excellent session for new administrators or new ELA members.

Brad Colwell, J.D., Ph.D.: Professor and Dean, College of Education & Human Development, Bowling Green State University, Bowling Green, OHSusan G. Clark, Ph.D., J.D.: Professor & Interim Dean, Department of Educa-tional Foundations and Leadership, University of Akron, Akron, OH

Presider: Mary Jane K. Rapport, PT, DPT, PhD, FAPTA: Professor, Physical Therapy Program, School of Medicine, University of Colorado, Aurora, CO

A4: Educational Policy & Administration

Location: Meadowbrook I

Private School Vouchers: The Impact on Special Education StudentsOver the last several years, an increasing number of states have proposed or have passed laws that give children with disabilities public money to attend pri-vate schools. This presentation will explore the parameters of current voucher programs, assess their legality under state and federal law, and examine current evidence of their impact on students with disabilities.

Wendy F. Hensel, J.D.: Associate Dean for Research and Faculty Development, College of Law, Georgia State University, Atlanta, GA

Presider: Christine, J. Villani, Ed.D.: Professor, Graduate Coordinator, Southern Connecticut State University, New Haven, CT

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A5: Equal Protection, Civil Rights, Due Process

Location: Meadowbrook II

From Desegregation to DiversityFrom Desegregation to Diversity will explore how changes in law, practice and demographics have affected student and faculty assignment policies and offer a workable model for 21st Century educators.

John W. Borkowski, J.D.: Partner, Hogan Lovells US LLP, South Bend, IN

Legal Remedies for School Segregation in the United States and in the European UnionThe ECtHR decided D.H. v. the Czech Republic in 2007. This session will com-pare and contrast the remedial phase of D.H. with US desegregation remedies.

Kristi Bowman, J.D., M.A.; Professor of Law, Michigan State University, East Lansing, MI

Presider: Tiffany R. Paige, J.D.: Director of Diversity and Outreach, MC Law, Jackson, MS

Concurrent Topic Sessions BThursday, November 14, 2013 | 10:45 AM – 12 Noon

B1: School Reform


Articulating the Expectations of a Modern School Administrator: A 360 Degree Analysis of Educational PoliciesThis presentation offers a 360 degree analysis using policies from all three branches of government at the federal and state levels to extract what policy-makers really expect of school administrators in today’s world.

Philip T.K. Daniel, Ed.D.: William and Marie Flesher Professor of Educational Administration, Adjunct Professor of Law, The Ohio State University, Columbus, OHJeffrey C. Sun, J.D., Ph.D.: Associate Professor of Educational Leadership and School of Law, University of North Dakota, Grand Forks, ND

Presider: Mark Paige, J.D., Ph.D.: Assistant Professor, Department of Educational Leadership, University of Massachusetts, Dartmouth, MA; Adjunct Faculty, UMASS Law, North Dartmouth, MA

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B2: Higher Education Law, Policy, Issues


Flag on the Play: An Examination of NCAA Policy and Potential Antitrust ChallengeWill examine the 1984 ruling in NCAA v. Regents and apply antitrust prin-ciples to BCS. Will discuss if current structure could survive scrutiny and offer possible alternatives.

Joy Blanchard, Ph.D.: Assistant Professor, Higher Education, Florida Interna-tional University, Miami, FL

Adviser Perceptions and Role in the Student Conduct ProcessConduct policies in higher education affect students’ abilities to complete their education, and this study will provide insight into one aspect of those policies.

Duane P. Rohrbacher, Jr., J.D.: PhD Candidate, Higher Education Administra-tion, Pennsylvania State University, University Park, PA

Presider: Marilyn Bartlett, J.D., Ph.D.: Professor, Educational Leadership and Counseling, Texas A&M University Kingsville, Kingsville, TX

B3: School Reform/First Amendment


Of Accountability and School Safety/Security – Goodbye Mr. ChipsThis presentation concentrates on a black box in education – safety/security. Accountability towards school safety/security can convert the situation into a clear box.

Elda de Waal, Ph.D.: Associate Professor, Education Law, North-West University, Vaal Triangle Campus, Vanderbijlpark, South Africa

The Religious Viewpoint Antidiscrimination Act and Texas Football: A Match Made in Heaven, but Separated by the ConstitutionThe battle ground for school prayer is in Kountze ISD and the future of Establishment Clause jurisprudence may lie with the Religious Viewpoint Antidiscrimination Act.

Joe Dryden, J.D., Ed.D.: Associate Professor, School of Education, Texas Wes-leyan University, Fort Worth, TX

Presider: Carole de Casal, Ed.D, MBA: Department Chair and Professor in Educational Administration, Tennessee State University, Nashville, TN

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B4: Special Education


Special Education in Charter Schools: School Choice for Special PopulationsCan a BOCES‐style model save charter school special education? Examining the challenges, and a collaborative solution to enable schools to serve their special education students.

Hilary Steuer Grasso, J.D.: Adjunct Professor, St. John’s University School of Law, Legal Consultant, New York Charter School Incubator, Chappaqua, NY

Does the IDEA Ban the Use of Aversive Interventions? The Second Circuit Erroneously Says YesThis presentation explores whether states may issue regulations that categori-cally ban the use of scientifically‐supported behavioral interventions to treat severe behavior

Elizabeth A. Shaver, J.D., Assistant Professor, Legal Writing, University of Akron School of Law, Akron, OH

Presider: Susan C. Bon, J.D., Ph.D.: Associate Professor, George Mason University, Fairfax, VA

B5: Equal Protection, Civil Rights, Due Process


Sexual Harassment and Bullying: Similar, But Not the Same – An UpdateThis presentation updates current legal developments in the areas of bullying and sexual harassment K‐12 and the importance of addressing both issues concurrently. Strategies for developing and implementing policy and training will be presented.

Ellery M. “Rick” Miller, Jr. M.A.: Executive Director, Professional Develop-ment and Training Center, Inc., Citizenship Law‐Related Education Program, Baltimore, MDEric S. “Rick” Mondschein, Ed.D.: Educational Consultant and Writer, Queens-bury, NY

Presider: Michael F. Desiderio, Ph.D.: Professor, Teacher and Bilingual Education, Texas A&M University-Kingsville, Kingsville, TX

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Concurrent Topic Sessions CThursday, November 14, 2013 | 1:15 PM – 2:30 PM

C1: Educational Policy & Administration


Legal Literacy for Charter School PersonnelThis presentation will examine several legal cases involving charter schools. We argue that if charter school personnel would have had a better understanding of basic legal principles, these lawsuits could have been avoided.

Suzanne E. Eckes, J.D., Ph.D.: Associate Professor Educational Leadership and Policy Studies, Department, Indiana University, Bloomington, INEmily Richardson, J.D.: Interim Executive Director, Director of Law and Policy, Indiana Charter School Board, Indianapolis, INDavid M. Schimmel, J.D.: Professor, University of Massachusetts at Amherst, School of Education, Amherst, MAMichelle Gough, J.D., Ph.D.: General Counsel, Center for Education and Career Innovation, Indianapolis, IN

How Legal Education Can Get PracticalLaw school pedagogy is changing and this program will show attendees how making changes in the classroom will better prepare their students for today’s jobs.

Richard J. Sobelsohn, J.D., LEED AP: Adjunct Professor of Law, Brooklyn Law School and New York Law School, Lexis Practice Advisor Director of Content & Product Initiatives, Real Estate, New York, NY

Presider: Thomas Hutton, J.D.: Executive Director, Hawaii State Public Charter School Commission, Honolulu, HI

C2: Higher Education Law, Policy, Issues


Collegiality and Tenure: Making the CaseA review of court cases denying tenure to faculty members on the basis of collegiality and recommendations for including collegiality in promotion and tenure guidelines.

Kathryn I. Matthew, Ed.D.: Associate Dean and Professor, School of Education University of Houston Clear Lake, Sugar Land, TXLawrence T. Kajs, Ed.D.: Professor and Chair, Educational Leadership Program, University of Houston-Clear Lake, Houston, TXMillard E. Matthew, J.D., LL.M: Attorney-at-Law, Sugar Land, TX

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On Pushing a Pen and Boundaries: Academic Freedoms and Restrictions in the Wake of Profound Political ChangeThe speaker’s concern themselves mainly with the question: What demands do ex post facto analyses of academic work in a pre‐democratic era impose on researchers in a subsequent era who engage in such analyses in terms of freedom of expression, academic freedom or even defamation?

Justus G Prinsloo, LLB: Advocate of the High Court, Senior Researcher in the Office of the Dean, Faculty of Education, Pretoria, South AfricaJohan Beckmann, Ed.D.: Professor, Head of Department, Department of Educa-tion Management and Policy Studies, University of Pretoria, Pretoria, South Africa

Presider: Marilyn Anglade, J.D.: Doctoral Student, Education Leadership & Policy Studies Department, Florida State University, Tallahassee, FL.

C3: First Amendment


The Disappearing Schoolhouse Gate: Student Cyber-Speech and the Boundaries of School AuthorityThis session provides an overview of the developing law regarding electronic off‐campus student speech and how administrators can address it without of-fending the Constitution.

Watt Lesley Black, Jr., Ph.D.: Clinical Associate Professor, Educational Policy and Leadership Department, Southern Methodist University, Dallas, TX

Reaching Beyond the Schoolhouse Gate: Student Freedom of Expression on the Internet and in Social MediaA review of case law and statutory requirements for disciplining students for internet and social media speech that originates away from school at non‐school events.

B. Glen Eply, Ph.D., Professor, Department of Education, Stetson University, DeLand, FL

Presider: Kelly Sherrill Linkous, J.D., Ph.D.: Assistant Professor and Doctoral Program Director, The George Washington University, Ashburn, VA

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C4: Special Education / Educational Policy & Administration


Bullying Issues Impacting Students with Disabilities: Highlights of Section 504 and IDEA Cases with Recommendations for SchoolsEngaging analysis and dialogue regarding Section 504 and IDEA cases in-volving students with disabilities and bullying with policy and best practice recommendations for schools.

Christine, J. Villani, Ed.D.: Professor, Graduate Coordinator, Southern Con-necticut State University, New Haven, CTNicole D. Snyder, Esq.: Associate, Latsha, Davis & McKenna, P.C., Exton, PACynthia A. Mooney, Ph.D.: Research Consultant, Alexandria, VA

A Discussion of a Descriptive Study of the Perceptions of Superintendents of Schools in the State of Texas Regarding Recent Court Decisions and the Effectiveness of Their Own School Board Policy on Student Bullying BehaviorThis round table discussion explores the perceptions of Texas school superin-tendents regarding recent court decisions and their own school board policy on student bullying behavior.

Judith Holmgreen, M.A.: Teacher, Alice Independent School District, Alice, TX; Doctoral Candidate, Texas A&M University, Kingsville, TXMarilyn J. Bartlett, J.D., Ph.D: Professor, Educational Leadership and Coun-seling Department, College of Education and Human Performance, Texas A&M, University, Kingsville, TX

Presider: Natasha Wilson, J.D., Ph.D., Post-Doctoral Fellow, NYU Wagner School of Public Service, New York, NY

C5: School Reform


Chartering a New Legal Discourse: The Case for Evaluating the Legality of Charter Schools Under the Voting Rights ActThis presentation will discuss school choice and the Voting Rights Act while establishing a new method for evaluating the legality of charter schools.

Steven L. Nelson, J.D., M.A.T.: Ph.D. Candidate, Educational Leadership, Pennsylvania State University, State College, PA

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The Georgia Charter Schools Commission: A Case Study in Education Reform, Law, and PoliticsThis session will examine the controversial past, present, and future of the Georgia Charter Schools Commission and its widespread impacts on the chartering community.

Laura Lashley, J.D.: Assistant Professor, Educational Leadership Department, Kennesaw State University, Kennesaw, GA; Policy and Legal Advisor, Nelson, Mullins, Riley & Scarborough, Atlanta, GA

Presider: Robert J. Safransky, Ph.D.: Adjunct Professor of School Law and American Government, Nova Southeastern University, North Miami Beach, FL.

Concurrent Topic Sessions DThursday, November 14, 2013 | 2:45 PM – 4:00 PM

D1: Educational Policy & Administration


A Call for Intra- and Inter-Constituency Collaboration to Reduce Legal IlliteracyThis interactive session will discuss ways to promote legal literacy among educators and incorporate professional development initiatives to help facilitate and sustain legal literacy.

Janet R. Decker, J.D., Ph.D.: Assistant Professor, Educational Leadership & Policy Studies Department, Indiana University, Bloomington, INRegina Umpstead, J.D., Ph.D.: Associate Professor, Educational Leadership Department, Central Michigan University, Mount Pleasant, MIKevin P. Brady, Ph.D.: Associate Professor, Department of Leadership, Policy and Adult and Higher Education, North Carolina State University, Raleigh, NC

A Comparison of Legal Literacy Among Teacher Subgroups in VirginiaThis session highlights a recent survey of classroom teachers. Questions were generated from landmark cases, seminal legislative acts, and education law references within the Code of Virginia.

Candace Mirabile, Ph.D.: Department of Educational Leadership, Virginia Commonwealth University, Glen Allen, VA

Presider: Leslie R. Stellman, J.D.: Attorney, Pessin Katz Law, P.A. Towson, MD

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D2: Higher Education Law, Policy, Issues


Higher Education Policy Aspects of Intellectual TheftLegal cases of post‐doctoral and graduate students not receiving the inventor-ship credit they are due while working on research projects.

Kathy L. Dupree, MBA, BS: Director of Campus Operations, Doctoral Student, Educational Leadership, University of Houston‐Clear Lake, Houston, TX

Policy Implications of Industry and University Research PartnershipsOur presentation examines university‐industry research partnerships. We ad-dress the issue of intellectual property rights, and the financial remuneration associated with research.

Luke J. Stedrak, Ed.D.: Assistant Professor, Education Leadership, Management and Policy, Seton Hall University, South Orange, NJ.

Presider: Luke M. Cornelius, Ph.D., J.D.: Associate Professor of Higher Education, Department of Leadership, School Counseling, & Sport Management, University of North Florida, Jacksonville, FL

D3: First Amendment


Proving Immorality in an Age of Social MediaA review of court cases involving the problematic use of social media by school, college, and university employees.

Dave Dagley, Ph.D., J.D.: Professor, Educational Leadership Department, The University of Alabama, Tuscaloosa, ALAmy Dagley, Ph.D.: Assistant Professor, Educational Leadership, University of Louisiana at Monroe, Monroe, LA

Teacher’s Misuse of Social Media Causing a Student to Stop Attending SchoolHow will the school and parents deal with a teacher’s misusing social media to denigrate a student resulting in the student no longer attending school?

David R. Friedman, J.D.: Attorney at Law, Adjunct Professor, Doctoral Program in Educational Leadership, Edgewood College, Madison, WI

Presider: R. Stewart Mayers, Ed.D.: Professor, Department of Educational Instruction and Leadership, Southeastern Oklahoma State University, Durant, OK

The Education Law Association has an expanded array of promotional opportunities. Gain valuable exposure with a target audience while sup-porting the efforts of the Education Law Association. Become a sponsor of next year’s conference today! Visit educationlaw.org to find out more!

Promotional Opportunities

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D4: Educational Policy & Administration


When Educators Cheat: Best Practices in prevention and Detection and State LawThe session will provide background and best practices on prevention, detec-tion, and investigation of educator cheating on student assessments, and a summary of state laws.

Michelle C. Croft, J.D., Ph.D.: Senior Research Associate, ACT, Inc., Iowa City, IA

Fiction and Fact in funding Cut-Offs: Federal Enforcement of Cooperative Spending ProgramsWhen does the Department of Education act to cut off federal funds to states and districts? When should it do so, and why?

Eloise Pasachoff, J.D., M.P.A.: Associate Professor of Law, Georgetown Uni-versity Law Center, Washington, D.C.

Presider: Leslie Robert Stellman, J.D.: Team Leader, Education/Employment Practice Group, Pessin Katz Law, Towson, MD, Professor of Education Law, School of Education, The Johns Hopkins University, Baltimore, MD

D5: Equal Protection, Civil Rights, Due Process


An Update on Sexual Harassment in EducationThe constitutional basis for current sexual harassment law, a case law update, and practical advice will be provided to participants in an interactive format.

Lynn Rossi Scott, J.D.: Attorney/Shareholder, Brackett & Ellis, PC, Fort Worth, TXWayne Haglund , J.D.: Haglund Law Firm, PC, Lufkin, TX

Presider: Michael F. Desiderio, Ph.D.: Professor, Teacher and Bilingual Education, Texas A&M University-Kingsville, Kingsville, TX

Session EThursday, November 14, 2013 | 4:15 PM – 5:30 PM*


Civil Rights in Education: The Importance of Equal Access and Opportunity for All Our Nation’s Students. This session will address the importance of equity and civil rights in educa-tion. As the quiet revolution of education reform takes place in states and cities around the country, OCR is the assurance that all students receive a quality education.

Catherine Lhamon, J.D.,, Assistant Secretary, U.S. Department of Education, Office of Civil Rights, Washington, DC.

Presider: Carlee Poston Escue Simon, Ph.D.: Assistant Professor, Educational Leadership Department, University of Cincinnati, Cincinnati, OH

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Poster Session PresentationsThursday, November 14, 2013 | 5:45 p.m. - 6:45 p.m.

location: The Lake House

(1) First Amendment

Bans on Teachers’ Religious GarbBy the end of World War II thirty-six states enacted bans against teachers’ religious clothing. To date, Pennsylvania and Nebraska are the last remain-ing states.

Nathan C. Walker, M.Div., Ed.M.: Doctoral candidate, Columbia University in Law, Education and Religion, NY

(2) Higher Education

A Survey of Legal Remedies Employed by Students in Claims of Sexual Harassment & Discrimination by FacultyA review of claims of sexual harassment and discrimination of college students by faculty members and associated legal treatments and outcomes.

Ruth Jones, BIS: Southern Miss Education Law Association, The University of Southern Mississippi, Hattiesburg, MS

(3) Educational Policy & Administration

The Impact of Title IX Interpretations Regarding Bullying and Student’s RightsThis poster will summarize Title IX updates with respect to bullying and student rights in order to initiate critical conversations in schools among the adults.

Elisabeth Krimbill, M.A., M.A. Ed Leadership: Research Fellow, Education Leadership and Policy Studies, University of Texas at San Antonio

(4) Special Education

Physical Therapists and Occupational Therapists Participation on the IEP TeamAdvanced levels of education, development of clinical reasoning, and reliance on peer reviewed research by PTs and OTs on IEP teams will be addressed.

Mary Jane K. Rapport, PT, DPT, PhD, FAPTA: Professor, Physical Therapy Program, School of Medicine, University of Colorado, Aurora, CO

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FERPA at 40An overview of FERPA, its history, original intent, and the ever-evolving question of when nonconsensual disclosure is allowable under the law.

Thelma J. Roberson, Ph.D.: Chair and Associate Professor Department of Educational Leadership and School Counseling The University of Southern Mississippi, Hattiesburg, MS


Mistaken Identity: Effects of the Inappropriate Implementation of the Behavioral Component of RTI on K-12 StudentsComplying with requirements of the Mattie T. Consent Decree is essential for correctly evaluating and identifying the educational needs of K-12 students

Thelma J. Roberson, Ph.D.: Chair and Associate Professor Department of Educational Leadership and School Counseling The University of Southern Mississippi, Hattiesburg, MS, on behalf of a student


The Evolution of the Supreme Court’s Treatment of Affirmative Action in American Higher Education AdmissionsThe evolution of the U.S. Supreme Court’s stance on affirmative action in relation to public college admissions practice has marked implications for contemporary higher education.

James H. Young, III, ABD, M.Ed.: Southern Miss Education Law Association, The University of Southern Mississippi, Hattiesburg, MS


Keeping the Playing Field Level: Current Disability-Related Compliance Issues in Higher EducationNew and revised federal disability-related regulations present new challenges for postsecondary institutions as they strive to maintain a level playing field for students with disabilities.

Rebekah E. Young, ABD, MPH, CHES: Southern Miss Education Law As-sociation, The University of Southern Mississippi, Hattiesburg, MS

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Roundtable PresentationsFriday, November 15, 2013 | 8:00 a.m. - 9:15 a.m.

location: Westminster Ballroom III & IV

(1) Special Education

Cyber Charter Schools and Students With (Dis)Abilities: Rebooting the IDEA to Address Equity, Access and ComplianceAs cyber schools continue to serve more special education students, IDEA issues will arise. This presentation will discuss how IDEA doesn’t encap-sulate cyber school realities.

Steven L. Nelson, J.D., M.A.T.: Doctoral Candidate, Educational Leadership Program, Pennsylvania State University, State College, PASantosh “Sunny” Madahar, J.D., M.S.Ed.: Doctoral Candidate, Educational Theory and Policy Program, Pennsylvania State University, State College, PA

(2) Specialized Topic

2013 Charter School Law DevelopmentsThe presentation addresses the changes in charter school law around the country during the past year.

Regina Umpstead, J.D., Ph.D.: Associate Professor, Department of Educa-tional Leadership, Central Michigan University, Mt. Pleasant, MI

ELA Annual Conference: Roundtable SessionFriday, November 15, 2013 | 8:00 a.m. - 9:15 a.m.

The ELA Roundtable Session is a form of small-group discussion with an identified presenter who introduces the topic, provides his or her latest research in a brief, conversational format, then leads cooperative discus-sion so that everyone has an opportunity to speak and learn. The presenter will conclude with a recap of main points of his research, incorporating the hour’s discussion.

No additional cost for paid registrants—guest tickets are available at the registration desk.

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Student development theory vs. the law: Sexual & gender identity theories and the legal implications of the departure from the traditional binary understanding of sex and genderThis presentation highlights the potential conflicts between the concepts and ideals of student development theories focused on gender and sexual identity development and the law.

Marilyn S. Anglade, J.D.: Doctoral Candidate, Education Leadership & Policy Studies Department, Florida State University, Tallahassee, FL

(4) Technology

Funding Virtual Schools: Thoughts on Model LawsThis roundtable discusses the current funding structures of virtual schools and cyber charters in the United States with suggestions for improvement from recently published model legislation.

Justin Bathon, J.D., Ph.D.: Assistant Professor, Department of Educational Leadership; Director, Center for the Advanced Study of Technology Leadership in Education; University of Kentucky, Lexington, KY


States’ Bullying Statutes and the Implications for School PolicyIdentification of the 11 components in a sound bullying law as established by the U.S. Department of Health and Human Services and the U.S. Depart-ment of Education and the implications of school policy.

Christa Brodina, M.Ed.: CTE Director, Lake Area Career and Technical Center, Devils Lake, ND


Student Loans & The Impact on Higher EducationStudent loans continue to grow at alarming rates and defaults correspond-ingly increase. This discussion focuses on this issue and the impact to education and students.

C. Aaron LeMay, JD, CPA, M.S. Ed: Controller, Office of the Controller, Sam Houston State University, Huntsville, TX

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Does K12 need a “FIRE”-like organization?Exploring news accounts, cases, and questions around whether K12 needs a non-profit educational organization to defend the constitutional rights of individuals in public k-12 schools.

Timothy D. Letzring, J.D., Ed.D.: Chair and Professor, Department of Lead-ership and Counseling Education, The University of Mississippi, Oxford, MS


What Laws Apply in the Nonpublic School Environment?Nonpublic school administrators, faculty, and students/parents remain un-clear regarding what laws apply in the nonpublic school environment. This session will discuss how various state and federal laws as well as federal grants may apply to nonpublic schools, with emphasis on nonpublic schools that participate in voucher programs.

Emily Richardson, J.D.: Interim Executive Director, Director of Law and Policy, Indiana Charter School Board, Indianapolis, INMichelle Gough, J.D., Ph.D.: General Counsel, Center for Education and Career Innovation, Indianapolis, IN


Transitioning from Student to Scholar: Lessons Learned Related to Doctoral Studies, Completing a Dissertation, Searching for a Position in Academia, and Excelling as an Assistant Professor Explore successful strategies related to doctoral studies, completing a dis-sertation, applying for positions in academia, and working toward becoming an associate professor.

Christine Kiracofe, Ed.D.: Associate Professor, Leadership, Educational Psy-chology and Foundations Department, Northern Illinois University, DeKalb, ILCarlee Poston Escue Simon, Ph.D.: Assistant Professor, Educational Leader-ship Department, University of Cincinnati, Cincinnati, OHSpencer C. Weiler, Ph.D.: Associate Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO

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Concurrent Topic Sessions FFriday, November 15, 2013 | 9:30 AM – 10:45 AM

F1: School Reform / Educational Policy & Administration


Value Added Measures as a part of Teacher EvaluationValue Added Teacher Evaluation measures have resulted in mixed messages for improving the quality of education for students and the improved perfor-mance of teachers.

Kenneth E. Lane, Ed.D.: Professor, Educational Leadership, Southeastern Loui-siana University, Hammond, LADavid Peak, Ph.D.: Assistant Superintendent for Human Resources, Academy School District 20, Colorado Springs, CO

The Rapid Rise of Teacher Evolution and Accountability Laws: Challenges, Opportunities, and RecommendationsThe presentation analyzes the opportunities and pitfalls presented by recent laws aimed at enhancing teacher evaluation and accountability.

Benjamin M. Superfine, J.D., Ph.D.: Associate Professor, Department of Edu-cational Policy Studies, University of Illinois at Chicago, Chicago, IL

Presider: Steven Nelson, J.D., M.A.T.: Ph.D. Candidate, Educational Leadership, Pennsylvania State University, State College, PA

Committee MeetingsFriday, November 14, 2013 | 5:45 p.m. - 6:45 p.m.

locations: See page 39 for the various meeting rooms.

Attend one of the committee meetings to find out how you can be more involved in ELA�

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F2: Higher Education Law, Policy, Issues


Higher Education Governing Boards and Their Increased Legal Duties in Today’s Difficult TimesRoles of higher education governing boards are rapidly changing as the economic climate and administrative responsibilities become more complex. Members of governing boards can no longer rubber‐stamp decisions but take a more active role to limit the universities’ liability.

David H.K. Nguyen, MBA, JD, LL.M. Adv.: Attorney & Ph.D. student, Department of Educational Leadership and Policy Studies, Indiana University, Bloomington, IN

Autonomy and Accountabilities of Governors and managers in Universities in South AfricaThe thrust of my discussion is on the legal responsibilities and obligations of university governors and management in the context of institutional autonomy and academic freedom in the post‐apartheid setting.

Isaac Ntshoe, M.A., Ph.D.: Research Professor, Academic Vocational and Pro-fessional Pedagogy, Central University of Technology, Free State, South Africa

Presider: Thelma Roberson, Ph.D., Chair and Associate Professor Department of Educational Leadership and School Counseling, The University of Southern Mississippi

F3: School Finance / Educational Policy & Administration


Why Can’t Ohio Equitably Fund Public Education?A close examination of Ohio’s most recent attempt to equitably fund public education (HB 59). Almost two decades of failed attempts merit a detailed examination of the process, implications, and obstacles.

Carlee Poston Escue Simon, Ph.D.: Assistant Professor, Educational Leadership Department, University of Cincinnati, Cincinnati, OH

The Right to Shop for an Education: Examining Voucher Programs in Relation to State Constitutional GuaranteesThis presentation will examine the expansion of publicly funded school voucher programs and their effect the state right to an education.

Julie F. Mead, Ph.D.: Professor, Educational Leadership and Policy Analysis, University of Wisconsin, Madison, WI

Presider: Susan G. Clark, Ph.D., J.D.: Professor & Interim Dean, Department of Educational Foundations and Leadership, University of Akron, Akron, OH

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F4: Educational Policy & Administration / Equal Protection, Civil Rights, Due Process


Value-Added Evaluation Plan Components: Practical, Pedagogical and Legal Lessons Learned to DateThis session addresses administrative and legal implications imposed by VAM evaluations with regard to school district policy and educational leadership programming.

John Dively J.D., Ed.D.: Associate Professor, Educational Leadership Depart-ment, Eastern Illinois University, Charleston, ILMarleis Trover, Ph.D.: Assistant Professor, Educational Leadership Department, Eastern Illinois University, Charleston, ILNick Osborne, Ph.D.: Associate Professor, Educational Leadership Department, Eastern Illinois University, Charleston, ILDavid F. Grace; Ph.D.; Assistant Professor, Eastern Illinois University, Charleston, IL

Federal Disability and Age Discrimination Law at the Intersection of Teacher Evaluation ReformThis paper examines the case law where teachers have asserted that a district’s use of a teacher evaluation for termination violated the Americans with Dis-abilities Act/section 504 or the Age Discrimination Employment Act (ADEA).

Mark Paige, J.D., Ph.D.: Assistant Professor, Department of Educational Lead-ership, University of Massachusetts, Dartmouth, MA; Adjunct Faculty, UMASS Law, North Dartmouth, MA

Presider: Paul T. Clarke, LL.M., Ph.D.: Professor, Educational Leadership, University of Regina, Regina, SK, Canada

F5: Equal Protection, Civil Rights, Due Process


A State Response to Illegal Immigration and Undocumented ChildrenIn the absence of a robust immigration policy and growing numbers of un-documented students, a state responds.

Lenford C. Sutton, Ph.D., MBA: Professor and Chair, College of Education, Youngstown State University, Youngstown, OH

Stepping Forward to Truth-en The Marketplace of Ideas about RaceEducators can legitimately and constitutionally truth‐en the marketplace about race. This paper proposes specific steps educators can take and the mechanics of this truth‐ening process.

Tiffany R. Paige, J.D.: Director of Diversity and Outreach, MC Law, Jackson, MSPresider: John W. Borkowski, J.D.: Partner, Hogan Lovells US LLP, South Bend, IN

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F6: Educational Policy & Administration

Location: Long’s Peak (2nd Floor)

That’s Public Education?What do our constitutions say, and what do they not say, about public educa-tion? How do those statements and omissions inform our practice of education?

Rich Haglund, J.D.: General Counsel and Chief Operating Officer, Achievement School District, Nashville, TNThomas Hutton, J.D.: Executive Director, Hawaii State Public Charter School Commission, Honolulu, HI

Teacher Tenure: The Times, They Are a Changin’This presentation will provide an overview of changes to teacher tenure legislation made between January 2008 and June 2013 and discuss trends in legislative change.

Ann Elizabeth Blankenship, J.D., Ph.D.: Associate Editor, The Education Law and Policy Review, University of Georgia, Athens, GA

Presider: Janet R. Decker, J.D., Ph.D.: Assistant Professor, Educational Leadership & Policy Studies Department, Indiana University, Bloomington, IN

Second Feature Session: IFriday, November 15, 2013 | 3:30 PM – 4:45 PM


Panel Discussion on the affirmative action and related issues brought forth in Fisher v. University of Texas

David L. Gregory, J.D., LL.M., J.S.D.: Dorothy Day Professor of Law & Executive Director of the Center for Labor and Employment Law, St. John’s University School of Law, New York, NYMelissa Hart, J.D.: Professor and Director, The Byron White Center for the Study of American Constitutional Law, University of Colorado School of Law, Boulder, CORoberto Corrada, J.D.: Sturm College of Law Chair in Modern Learning and Professor, University of Denver, Denver, CODayna Matthew, J.D.: Professor of Law, University of Colorado Law School, Boulder, CO

Presider: Charles J. Russo, J.D., Ed.D.: Panzer Chair in Education, School of Education and Allied Professions, and Adjunct Professor of Law, University of Dayton, Dayton, OH

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Concurrent Topic Sessions GFriday, November 15, 2013 | 11:00 AM – 12:15 PM

G1: Specialized Topics


Continued Union Winter/Spring Thaw? Analysis of Contemporaneous & Subsequent Political & Legal Responses to Anti-Teachers Union Legislation in 2011 State SessionsThis presentation will discuss and analyze contemporaneous and subsequent political and legal responses to anti‐teachers union legislation enacted in vari-ous states during Winter 2011.

John E. Rumel, BA, JD: Associate Professor of Law, University of Idaho Col-lege of Law, Moscow, ID; former General Counsel, Idaho Education Association

Attaining a Shared Understanding among Secondary School Administrators & School AttorneysThis session will report research findings examining the mutual understandings and expectations of school attorneys and secondary school administrators.

David P. Thompson, Ph.D.: Professor, Educational Leadership & Policy Studies, The University of Texas at San Antonio, San Antonio, TXElisabeth M. Krimbill, M.Ed., Doctoral Student: University of Texas at San An-tonio; Assistant Principal, North East Independent School District, San Antonio, TX

Presider: Karen Kalzer, , J.D.: Of Counsel, Helsell Fetterman LLP, Seattle, WA

G2: Higher Education Law, Policy, Issues


Student Discipline in Private Institutions of Higher EducationThis session will explore the legal issues and challenges faced by private and public institutions of higher education when disciplining students.

Kerry Brian Melear, Ph.D.: Associate Professor of Higher Education, University of Mississippi, University, MS

Disabled Students and Higher Education: An UpdateThis session provides an update on disability law (ADA and IDEA) and higher education. The focus will be case law since 2008.

R. Stewart Mayers, Ed.D.: Professor, Department of Educational Instruction and Leadership, Southeastern Oklahoma State University, Durant, OKMichael F. Desiderio, Ph.D.: Professor, Teacher and Bilingual Education, Texas A&M University-Kingsville, Kingsville, TX

Presider: Marilyn Bartlett, J.D., Ph.D.: Professor, Educational Leadership and Coun-seling, Texas A&M University Kingsville, Kingsville, TX

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G3: First Amendment


Earning Extra Income or Establishment Clause Violation: Can Public Schools Rent Space to Religiously-Affiliated Organizations for Worship Services?This presentation considers the constitutionality of public schools renting space for the purpose of holding religious worship services in light of past and ongoing litigation.

Christine Kiracofe, Ed.D.: Associate Professor, Leadership, Educational Psy-chology and Foundations Department, Northern Illinois University, DeKalb, IL

Considering the Impact of Does v. Elmbrook: Public School Use of Religious FacilitiesWe will initiate a dialogue regarding the recent Does v. Elmbrook case, 687 F.3d 840 (7th Cir. 2012), which asks whether a public school district’s decision to hold high school graduation in a church building violates the First Amend-ment Establishment Clause.

Lisa T. Scruggs, J.D.: Partner, Jenner & Block LLP, Chicago, ILPresider: Lynn Rossi Scott, J.D.: Attorney/Shareholder, Brackett & Ellis, PC, Fort Worth, TX

Business Meeting & Awards LunchFriday, November 13, 2013 | 12:30 p.m. - 1:45 p.m.

location: Westminster Ballroom, III & IV

Learn the latest about your member benefits, catch up on important ELA information, vote for and welcome your new members of the board of direc-tors, show your support to the 2013 award winners, and enjoy lunch with other conference attendees.

No additional cost for paid registrants—guest tickets are available at the registration desk.

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G4: Specialized Topic / Special Education


Health and Safety Disclosures in light of FERPA MandatesSchool officials must quickly assess emergent situations, and act in compli-ance with FERPA, when disclosing personal information about a student in health and safety situations.

Jon E. Anderson, J.D.: Attorney/Team Leader, Godfrey & Kahn S.C., Madison and Milwaukee, WI

Test Protocol Propriety and Parental or Student Access to Education RecordsThe presentation will examine the legal implications of sharing proprietary student assessment protocols and instruments, such as those used in psycho-logical or educational assessments for determining IDEA eligibility as well as those used in mandatory standardized testing.

P. Tyson Bennett, J.D.: Senior Named Partner, Carney, Kelehan, Bresler, Bennet & Scherr, LLP, Annapolis, MDKelly A. Sherrill Linkous, J.D., Ph.D.: Assistant Professor and Doctoral Program Director, The George Washington University, Ashburn, VA

Presider: Betty Cox, J.D., Ed.D.: Associate Professor & Interim Chair, Department of Educational Studies, University of Tennessee at Martin, Martin, TN

G5: Specialized Topic / Equal Protection, Civil Rights, Due Process

Location: Meadowbrook IICheerleading, Title IX, and Genuine Participation: The Real Lessons of Biediger v. QuinnipiacAn overview of legal and practical concerns raised by the Biediger v. Quin-nipiac Univ. litigation, with a focus on the proper calculation of genuine participation opportunities.

Luke M. Cornelius, Ph.D., J.D.: Associate Professor of Higher Education, De-partment of Leadership, School Counseling, & Sport Management, University of North Florida, Jacksonville, FLKristi M. Sweeney, Ph.D.: Assistant Professor of Sport Management, Department of Leadership, School Counseling, & Sport Management, University of North Florida, Jacksonville, FL

Looking forward to the Challenges of Meeting the Civil Rights of Student Athletes with DisabilitiesCovering likely benefits and challenges for community stakeholders dealing with new federal guidance making athletics a civil right for students with disabilities.

Jonathan M. Minear, J.D.: Associate, Helsell Fetterman, Seattle, WAPresider: Jennifer Sughrue, Ph.D.: Professor, Department of Educational Leadership and Technology, Southeastern Louisiana University, Hammond, LA

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G6: Fourth Amendment


The Fourth Amendment Update 2013This presentation will cover various aspects of students’ Fourth Amendment rights in schools including seizures, strip searches, other personal searches, canine searches, and immunity.

Jacqueline Stefkovich, Ph.D., J.D.: Professor, The Pennsylvania State University, University Park, PALawrence F. Rossow, Ed.D.: Associate Vice President and Professor of Educa-tion, University of Houston Victoria, Victoria, TX, Professor Emeritus of Law & Education, The University of Oklahoma, Norman, OK

Presider: Richard L. Mann, J.D.: State Counsel OASSA, Ohio Association of Second-ary School Administrators, Columbus, OH

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Concurrent Topic Sessions HFriday, November 15, 2013 | 2:00 PM – 3:15 PM

H1: The Establishment Clause

Location: Meadowbrook I & IIThe Conversation Continues: Establishment Clause UpdateThis interactive session provides a lively forum for discussion on the current status of religion in the marketplace of ideas known as public education.

Charles J. Russo, J.D., Ed.D.: Panzer Chair in Education, School of Education and Allied Professions, and Adjunct Professor of Law, University of Dayton, Dayton, OHEdwin C. Darden, J.D.: Appleseed, Washington, DCRalph D. Mawdsley, Ph.D., J.D.: Roslyn Z. Wolf Endowed Chair in Urban School Leadership, College of Education and Human Services, Cleveland State University, Cleveland, OHMartha M. McCarthy, Ph.D.: Presidential Professor, Department of Educational Leadership, Loyola Marymount Univ, Los Angeles; Chancellor’s Professor Emeri-tus at Indiana Univ, Bloomington, INDavid M. Schimmel, J.D.: Professor, University of Massachusetts at Amherst, School of Education, Amherst, MA

Presider: Charles J. Russo, J.D., Ed.D.: Panzer Chair in Education, School of Edu-cation and Allied Professions, and Adjunct Professor of Law, University of Dayton, Dayton, OH

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Third Feature Session: LSaturday, November 16, 2013 | Noon – 1:30 PM*


The Supreme Court UpdateAn overview of recent and upcoming cases, as well as other important legal issues and national trends, and their impact on education.


Presider: William E. Thro, J.D., M.A.: General Counsel, University of Kentucky, Lexington, KY

*No additional cost for paid registrants —guest tickets are available for purchase at the registration desk.

H2: School Finance

Location: Westminster IEducational Finance Law: It’s All About the Money. Constitutional and other Challenges to State Aid PlansThis interactive session provides a lively forum for presentation and discus-sion on the current status educational finance law and other contemporary developments in school finance.

Robert A. Schulman, J.D.: Partner, Schulman, Lopez & Hoffer, San Antonio, TXJ. David Thompson, J.D.: Partner, Thompson & Horton, Houston, TXWilliam E. Thro, J.D., M.A.: General Counsel, University of Kentucky, Lex-ington, KYR. Craig Wood, Ph.D.: Professor, University of Florida, Gainesville, FL

Presider: Carlee Poston Escue Simon, Ph.D.: Assistant Professor, Educational Lead-ership Department, University of Cincinnati, Cincinnati, OH

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H3: First Amendment

Location: Westminster II

The First Amendment and Speech in P-16 Schools This interactive session will examine First Amendment jurisprudence as it relates to student and teacher speech within the P-16 context.

Patrick D. Pauken, J.D., Ph.D.: Vice Provost for Governance and Faculty Relations, Secretary to the Board of Trustees, Associate Professor of Educational Administration and Leadership Studies, Bowling Green State University, Bowl-ing Green, OHJeffrey C. Sun, J.D., Ph.D.: Associate Professor of Educational Leadership/Higher Education and Affiliate Associate Professor of Law, University of North Dakota, Grand Forks, NDBrenda R. Kallio, Ed.D.: Associate Professor, University of North Dakota, Grand Forks, NDAmy Dagley, Ph.D.: Assistant Professor, Educational Leadership, University of Louisiana at Monroe, Monroe, LATerrence Leas, Ph.D.: President, Big Bend Community College, Moses Lake, WA

Presider: Suzanne Eckes, J.D., Ph.D.: Associate Professor, Educational Leadership and Policy Studies Department, Indiana University, Bloomington, IN

Session IFriday, November 15, 2013 | 3:30 PM – 4:45 PM*


Panel Discussion on the affirmative action and related issues brought forth in Fisher v. University of Texas

David L. Gregory, J.D., LL.M., J.S.D.: Dorothy Day Professor of Law & Execu-tive Director of the Center for Labor and Employment Law, St. John’s University School of Law, New York, NYMelissa Hart, J.D.: Professor and Director, The Byron White Center for the Study of American Constitutional Law, University of Colorado School of Law, Boulder, CORoberto Corrada, J.D.: Sturm College of Law Chair in Modern Learning and Professor, University of Denver, Denver, CODayna Matthew, J.D.: Professor of Law, University of Colorado Law School, Boulder, CO

Presider: Charles J. Russo, J.D., Ed.D.: Panzer Chair in Education, School of Education and Allied Professions, and Adjunct Professor of Law, University of Dayton, Dayton, OH

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Concurrent Topic Sessions JSaturday, November 16, 2013 | 9:00 AM – 10:15 AM

J1: Educational Policy & Administration


A Rational Discussion of the Pros and Cons of Arming School Staff and FacultyThis presentation will examine the pros and cons of arming school faculty and staffs from K‐12 grades through colleges.

Robert J. Safransky, Ph.D.: Adjunct Professor of School Law and American Government, Nova Southeastern University, North Miami Beach, FL

The Fourth R - Revolvers: Perceptions of Principals & Police Chiefs Related to Armed TeachersAdministrators’ perceptions of the advantages and disadvantages of allowing teachers to bring concealed weapons into schools to promote student safety.

Spencer C. Weiler, Ph.D.: Associate Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, COTony Armenta, Ed.D.: Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO

Presider: Luke J. Stedrak, Ed.D.: Assistant Professor, Education Leadership, Management and Policy, Seton Hall University, South Orange, NJ.

J2: Equal Protection, Civil Rights, Due Process / Establishment Clause


Best Interests of the Child and Children as Rights Claimants Consistent with the best interests of the child, children are legitimate rights claimants in the education context as separate persons with constitutionally protected rights.

Paul T. Clarke, LL.M., Ph.D.: Professor, Educational Leadership, University of Regina, Regina, SK, Canada

U.S. Supreme Court Justices’ Religious and Party Affiliation, Case-Level Factors, Decisional Era, and Voting in Establishment Clause Disputes Affecting Public Education: 1947-2012Supreme Court justices’ political and religious affiliation and voting was ex-amined using logistic regression in 53 Establishment Clause decisions relative to theories of judicial conduct.

Lewis M. Wasserman, J.D., Ph.D.: Associate Professor, Educational Leadership and Policy Studies, University of Texas at Arlington, Arlington, TX

Presider: Edwin C. Darden, J.D.: Appleseed, Washington, DC

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J3: First Amendment / Special Education


Sucker PunchThis presentation examines the application of the emerging off‐campus student speech jurisprudence to school extracurricular code of conduct policies.

Jon G. Crawford, J.D., Ph.D.: Associate Professor, Leadership, Educational Psychology, and Foundations Department, Northern Illinois University, DeKalb, IL

Winner: George Jay Joseph Education Law Writing AwardPublic Policy and Contractual Equity Principles in Individualized Education ProgramsThis presentation advocates judicial recognition of contractual principles in Individualized Education Program (IEP) disputes, to mitigate bargaining and experiential disparities between parents and school districts.

Matthew Saleh, J.D..: Doctoral Candidate, Politics & Education, Columbia University Graduate School of Arts & Sciences and Teachers College, New York, NY

Presider: Philip T.K. Daniel, Ed.D.: William and Marie Flesher Professor of Educational Administration, Adjunct Professor of Law, The Ohio State University, Columbus, OH

J4: Special Education / Educational Policy & Administration

Location: The Lake House

The Rights of Students with Disabilities to Attend their School of ChoiceThis presentation discusses the legal obligations of schools to enroll students with disabilities under the IDEA, Section 504 and the ADA.

Robert A. Garda, Jr., J.D.: Fanny Edith Winn Distinguished Professor of Law, Loyola University New Orleans, New Orleans, LA

Gifted Education: Advocacy, Identification, and Policy Issues in 2014This session describes gifted education policies in today’s schools, including issues of identification, classroom assignment, and funding.

Gretchen Oltman, J.D., Ph.D.: Assistant Professor of Leadership, Creighton University, Omaha, NE


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J5: Equal Protection, Civil Rights, Due Process


Applying Due Process in Student Disciplinary Hearings: The Role of School Governing Bodies in South AfricaThis paper deals with the practical application of due process in student dis-ciplinary hearings, specifically the fact that it is only the school governing bodies in South Africa that may legally conduct student disciplinary hearings.

Rika Joubert, Ph.D.: Associate Professor, Director of the Interuniversity Centre for Education Law And Policy, Department of Education Management and Policy Studies, University of Pretoria, Pretoria, South AfricaJean Van Rooyen, M.ED: Lecturer, Department of Education Management and Policy Studies, University of Pretoria, Pretoria, South Africa

School Discipline and the Fundamental Right to Education: The Constitutional Inadequacies of Wisconsin’s Expulsion LawThis presentation will analyze the constitutionality of Wisconsin’s expulsion laws and provides potential approaches to legislative revision.

Maria M. Lewis, J.D., Doctoral student: Department of Educational Leadership and Policy Analysis, University of Wisconsin, Madison, WI

Presider: Melinda S. Krei, Ph.D.: Melinda S. Krei Consulting, Milwaukee, WI

Concurrent Topic Sessions KSaturday, November 16, 2013 | 10:30 AM – 11:45 AM

K1: Educational Policy & Administration


In the Aftermath of Sandy Hook (12/14/12); Revisiting School Safety Policies that Work and those that Don’tRecent tragedies have re‐ignited the debate surrounding school safety. This session examines current research surrounding the best practices that keep schools safe.

Robert F. Hachiya, Ed.D.: Assistant Professor, Educational Leadership Depart-ment, Kansas State University, Manhattan, KS

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SRO & School Safety UpdateA panel discussion of leading experts on the issues of school safety and school policing in the wake of the Newtown tragedy.

Betty Cox, J.D., Ed.D.: Associate Professor & Interim Chair, Department of Educational Studies, University of Tennessee at Martin, Martin, TNJennifer Sughrue, Ph.D.: Professor, Department of Educational Leadership and Technology, Southeastern Louisiana University, Hammond, LAM. David Alexander, Ed.D.: Professor, Department of Educational Leadership, Virginia Tech, Blacksburg, VA

Presider: Luke M. Cornelius, Ph.D., J.D.: Associate Professor, Department of Leadership, School Counseling, & Sport Management, University of North Florida, Jacksonville, FL

K2: Educational Policy & Administration / First Amendment


The “Tebow” Rule and its Legal Consequences: Should Private School Children Be Able to Select Public School Programs and Activities?Explores the legal, legislative, and policy implications of allowing children who attend private and parochial schools to participate in public school programs and to receive publicly funded educational services.

Leslie Robert Stellman, J.D.: Team Leader, Education/Employment Practice Group, Pessin Katz Law, Towson, MD, Professor of Education Law, School of Education, The Johns Hopkins University, Baltimore, MDTiffany Puckett, J.D., Doctoral Student: Education Policy, Organization, and Leadership, University of Illinois at Urbana-Champaign, Champaign, IL

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Texas Cheerleaders and the First Amendment: Can You Cheer for God at a Football Game?Thomas Jefferson’s proverbial “wall” between church and state is a metaphor for an illusion that purports to prevent government from espousing religion and utilizing its authority to silence it. From a historical and political lens Matthews v. Kountze ISD (2012) has the potential to help define what is permissible in a K‐12 setting or cause practicing administrators more consternation as they are forced to elect what is permissible, yet protect the institution from violating the Establishment Clause.

Brett A. Geier, Ed.D.: Assistant Professor, Department of Educational Leadership and Policy Studies, University of South Florida, Tampa, FL

Presider: B. Glen Epley, Ph.D.: Professor, Department of Education, Stetson University, DeLand, FL

K3: Equal Protection, Civil Rights, Due Process


Winner: Steven S. Goldberg Award for Distinguished Scholarship in Education LawRealizing Educational Rights: Advancing School Reform through Courts and CommunitiesWhat is the place of a right to education in a participatory democracy, and how can we realize the right in the United States? This presentation will ad-dress urgent moral and political questions, offering a double-pronged look at educational justice.

Anne Newman, Ph.D.: Associate Director of the Bowen H. McCoy Family Center for Ethics in Society, Stanford University, Stanford, CA

Winner: The Joseph C. Beckham Dissertation of the Year Inequitable Injustice: A Critical Analysis of the Litigation Concerning Illinois School FundingThis presentation will discuss the current state of public school funding in Illinois, the relevant court cases, and how the principle of fundamental right and equality of educational opportunity have been subsequently renounced.

Robert Fitzgerald, Ph.D.: Department Chair, Basketball Coach, and Assistant Activities Director for Student Life, University High School, Illinois State Uni-versity Laboratory Schools

Presider: Christopher P. Borreca, J.D.: Partner, Thompson and Horton, LLP, Houston, TX

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K4: Specialized Topic / Tort Law

Location: The Lake House

Educator Sexual Misconduct and Non-Disclosure Agreements: Missouri’s Amy Hestir Student Protection Act, Part IIThis session will present research into Missouri school districts implementation of the Act, the types of professional development implemented at the district level to address the provisions of the Act, how districts are responding to the is-sue of improper communications between staff and current students, and teacher and administrator views of whether or not the Act and the resultant school district policies have impacted how they view educator sexual misconduct.

Jeanne L. Surface, Ed.D.: Assistant Professor, Educational Leadership, Univer-sity of Nebraska at Omaha, Omaha, NEDavid Stader, Ed.D: Professor and Chair, Department of Educational Leader-ship and Counseling, Southeast Missouri State University, Cape Girardeau, MOTony Armenta, Ed.D.: Professor, Educational Leadership and Policy Studies, University of Northern Colorado Greeley, Greeley, CO

Doe V. McLean County School District: Firing a Teacher for Sexual Misconduct with StudentsIn Doe v. McLean County School District, the Illinois Supreme Court upheld a cause of action against school officials for intentionally misrepresenting the circumstances under which a teacher, who was accused of sexual misconduct, was terminated.

Clay Webb, Ed.D.: Assistant Professor, Dept. of Educational Foundations and Leadership, University of Louisiana, Lafayette, LANathan Roberts, J.D., Ph.D.: Professor & Department Chair, Dept. of Educational Foundations and Leadership University of Louisiana, Lafayette, LA


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K5: Equal Protection, Civil Rights, Due Process


The Legal Impact of Same-Sex Family Recognition on K-12 School AdministrationThe legal impact of same‐sex family recognition on K‐12 administration in the absence of legal parent‐child relationships.

Lauren D. Parris, J.D.: Associate Attorney, Helsell Fetterman LLP, Seattle, WAKaren Kalzer, J.D.: Of Counsel, Helsell Fetterman LLP, Seattle, WA

Reducing Disparate Discipline and Dismantling the School to Prison Pipeline: Early Results of Recent Federal Administrative and Judicial InitiativesThis session reviews recent Office of Civil Rights and Justice Department initiatives to reduce the disproportion discipline and dismantle the school to prison pipeline.

Patrick Spearman, Ph.D.: Professor, Educational Foundations, Youngstown State University, Youngstown, OH.Chuck Vergon, J.D.: Professor, Educational Administration, Youngstown State University, Youngstown, OH, Public Administration, University of Michigan‐Flint, Flint, MI

Presider: Robert A. Garda, Jr., J.D.: Fanny Edith Winn Distinguished Professor of Law, Loyola University New Orleans, New Orleans, LA

Session LSaturday, November 16, 2013 | Noon – 1:30 PM*


The Supreme Court UpdateAn overview of recent and upcoming cases, as well as other important legal issues and national trends, and their impact on education.


Presider: William E. Thro, J.D., M.A.: General Counsel, University of Kentucky, Lexington, KY

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Concurrent Session TracksThe presentations have been arranged to help you find the sessions in which you are most interested. Educational Ethics: .......................A1Higher Education: .........................B2, C2, D2, F2, G2, J2First Amendment / Religion: ........B3, C3, D3, G3, H1, H3, J3, K2State Constitutional Provisions: ..F3, G3Special Education / Disability: ....A4, B4, C4, G4, J4Equal Protection / Safety: ...............A5, B5, C5, D5, F4, F5, G5, J5, K1, K3, K5Finance: .........................................F3, H2, F4

Committee & Special MeetingsIn addition to the scheduled meetings described below, there will be space for additional committees to meet, and time for overflow discussion of com-mittees during the continental breakfast Saturday morning, 8:00-9:00 a.m. in Westminster III & IV. Look for signs on designated tables.

Board of Directors MeetingsWednesday, November 13, 2013 | 1:30 - 4:30 p.m. location: Flatirons

Saturday, November 16, 2013 | 2:00 - 5:30 p.m. location: Flatirons

School Law Reporter Committee MeetingFriday, November 15, 2013 | 5:45 - 6:45 p.m. location: Long’s Peak

Past Presidents MeetingFriday, November 15, 2013 | 5:45 - 6:45 p.m location: The Lake House

State Membership Directors MeetingFriday, November 15, 2013 | 5:45 - 6:45 p.m location: Library

Publications Committee MeetingFriday, November 15, 2013 | 5:45 - 6:45 p.m. location: Westin Boardroom

45

2013 ELA Board of Directors

Executive Committee President

William E. Thro, M.A., J.D. University of Kentucky Lexington, KY

President Elect Kenneth E. Lane, Ed.D.

Southeastern Louisiana University Hammond, LA

Vice President Patrick Pauken, J.D., Ph.D. Bowling Green State University Bowling Green, OH

Immediate Past President Susan G. Clark, J.D., Ph.D. University of Akron Akron, OH

Board of Directors Jon E. Anderson, J.D. Godfrey and Kahn S.C. Madison, WI

Dana Tyrone Bedden, Ed.D. Irving Independent School District

Irving, TX

Kevin P. Brady, Ph.D. North Carolina State University Raleigh, NC

Mark Lineburg, Ed.D. Bristol Virginia Public Schools Bristol, VA

Kerry B. Melear, Ph.D. University of Mississippi Oxford, MS

David J. Peak, Ph.D. Academy School District 20 Colorado Springs, CO

Lynn Rossi Scott, J.D. Brackett and Ellis, P.C. Fort Worth, TX

Leslie R. Stellman, J.D.Pessin Katz Law., P.A.Towson, MD

Jeffrey C. Sun, J.D., Ph.D.University of North DakotaGrand Forks, ND

Staff MembersCate K. Smith, J.D., M.P.A. ...............................................Executive DirectorPatricia Petrusky ........................................Member Services and Accounting

46

ELA AwardsM.A. McGhehey Award

Steven S. Goldberg Award for Distinguished Scholarship in Education Law

1984 Reynolds C. Seitz 1985 Roger M. Shaw1986 E. Edmund Reutter, Jr. 1987 Irving C. Evers1988 M. Chester Nolte 1989 Walter L. Hetzel 1990 Stephen B. Thomas 1991 Kelly Frels 1992 Martha M. McCarthy 1993 Martha L. Ware 1994 Floyd G. Delon 1995 August W. Steinhilber 1996 Joseph C. Beckham 1997 Nelda Cambron-McCabe

1998 John Lewis 1999 D. Parker Young2000 Perry Zirkel2001 Clifford P. Hooker2002 Charles J. Russo2003 Jeffrey J. Horner2004 Ralph D. Mawdsley2005 Richard J. Dickinson2006 Philip T.K. Daniel2007 M. David Alexander2008 Allan G. Osborne, Jr.2009 R. Craig Wood2010 Terrence Leas2011 David M. Schimmel

1987 Rosette Liberman1990 Terrence Leas1991 Jill Jones White1992 Anne Browning Masters1993 James Thomason Jeffers1994 Julie Fisher Mead1996 Patricia Todd Bausch1997 Susan Clark1998 Douglas R. Pearson1999 Cheri C. Magill2000 Theresa B. Harrison2001 Kerry Brian Melear

2002 Watt Lesley Black, Jr.2003 Richard Elliott Day2004 Judith Risch2005 John LaNear2006 Rodney Marty2007 Laurence B. Alexander2008 Howard J. Eberwein, III2009 Scott R. Bauries2011 Janet R. Decker2012 Erica Salkin2013 Robert Fitzgerald

Joseph C. Beckham Dissertation of the Year Award

George Jay Joseph Education Law Writing Award

2007 Goodwin Liu2008 James E. Ryan2009 Benjamin M. Superfine

2010 Kristi L. Bowman2011 Martha L. Minow2012 Eloise Pasachoff

2008 Kimberly Gee2009 Lauren S. Foley2010 Caitlin M. Cullitan

2011 Dylan P. Grady2012 Calanthe A. Cope-Kasten2013 Matthew Saleh

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ELA Past PresidentsTitles reflect the positions held at the time of the past presidents’ terms.

1955-56 Madaline Kinter Rem-mlein, National Education Association

1957 Eugene S. Lawler, Florida State University

1958-59 Reynolds C. Seitz, Mar-quette University

1960 Edward C. Bolmeier, Duke University

1961 Marion A. McGhehey, U.S. Office of Education

1962 Walter L. Hetzel, Ames, Iowa, Schools

1963 Marlin M. Volz, University of Louisville

1964 Lloyd E. McCann, Univer-sity of Arizona

1965 Lee O. Garber, University of Pennsylvania

1966 Henry E. Butler, Jr., Uni-versity of Rochester

1967 E. Edmund Reutter, Jr., Columbia University

1968 Martha L. Ware, National Education Association

1969 Joseph E. Bryson, Univer-sity of North Carolina at Greensboro

1970 John Philip Linn, Univer-sity of Denver

1971 Manny S. Brown, Attorney at Law, Racine

1972 Thomas A. Shannon, Deputy Superintendent and School Attorney

1973 Roger M. Shaw, Kent State University

1974 Robert E. Phay, University of North Carolina-Chapel Hill

1975 M. Chester Nolte, Univer-sity of Denver

1976 Irving C. Evers, Attorney at Law - Hackensack, NJ

1977 August W. Steinhilber, National School Boards As-sociation

1978 Philip K. Piele, University of Oregon

1979 Kelly Frels, Bracewell & Patterson, LLP

1980 Burton R. Shifman, Shif-man & Goodman, PC

1981 Floyd G. Delon, University of Missouri-Columbia

1982 William F. Paton, Ocono-mowoc Public Schools

1983 Ralph D. Stern, Whitmore & Kay

1984 Dale Gaddy, National School Board Association

1985 Martha M. McCarthy, Indiana University-Bloom-ington

1986 John F. Lewis, Squire Sanders & Dempsey

1987 D. Parker Young, Univer-sity of Georgia-Athens

1988 William C. Bednar, Jr., Eskew, Muir & Bednar

1989 Marvyn D. Jaffe, Staples High School

1990 Stephen B. Thomas, Kent State University

1991 Joseph C. Beckham, Florida State University - Tallahassee

1992 James C. Ullman, Jen-nings, Strouss & Salmon

1993 Steve W. Batson, West Virginia State College

48

ELA Executive Directors1954–56..................................................................Lee O. Garber (Deceased)1957–61................................................................Roger M. Shaw (Deceased)1962–82......................................................Marion A. McGhehey (Deceased)1983–90................................................................................ Thomas N. Jones1990–91............................................................. Stephen B. Thomas (Interim)1991–94...................................................................................Floyd G. Delon1995–99.............................................................................. Robert M. Wagner2000–2009...............................................................................Mandy Schrank2009–present ............................................................................. Cate K. Smith

1994 Nelda Cambron-McCabe, Miami University of Ohio - Oxford

1995 Ivan Gluckman, National Association of Secondary School Principals

1996 Perry A. Zirkel, Lehigh University

1997 Richard Dickinson, Ohio School Boards Association

1998 Jeffrey J. Horner, Brace-well & Patterson, LLP

1999 Charles J. Russo, Univer-sity of Dayton

2000 Terrence Leas, Valley Community College

2001 Ralph D. Mawdsley, Cleve-land State University

2002 R. Craig Wood, McGuire-Woods LLP

2003 Allan G. Osborne, Jr., Snug Harbor Community School

2004 Philip T.K. Daniel, The Ohio State University

2005 P.Tyson Bennett, Reese & Carney, LLP,

2006 Lois F. Berlin, Falls Church City Public Schools

2007 M. David Alexander, Vir-ginia Tech

2008 Christopher P. Borreca, Bracewell & Patterson, LLP

2009 Kathleen Crume, Academy School District 20

2010 Brad Colwell, Bowling Green State University

2011 Edwin C. Darden, J.D. Appleseed

2012 Susan G. Clark, Ph.D., J.D., The University of Akron, OH

49

SLR ReportersFederal CourtsU.S. Supreme CourtFred HartmeisterTexas Tech University

Rebecca HellbaumHealth Sciences Center, Texas Tech University

Court of Appeals1st CircuitVicky McGinleyWest Chester University of Pennsylvania

2nd CircuitKathryn McCary McCary & Huff, LLP

3rd CircuitWendy Beetlestone Hangley Aronchick Segal & Pudlin

4th CircuitJennifer SughrueSoutheastern Louisiana University

5th CircuitLarry RossowUniversity of Houston-Victoria

Stewart MayersSoutheastern Oklahoma State University

6th CircuitBetty CoxUniversity of Tennessee at Martin

7th CircuitSuzanne EckesIndiana University

Amy SteketeeBaker & Daniels LLP

8th CircuitR. Stewart MayersSoutheastern Oklahoma State University

9th CircuitDavid DagleyUniversity of Alabama

10th CircuitTraci BallardUniversity of Oklahoma-Tulsa

11th CircuitJennifer SughrueSoutheastern Louisiana University

Federal SupplementBrenda KallioUniversity of North Dakota

Stewart MayersSoutheastern Oklahoma State University

Spencer WeilerUniversity of Northern Colorado

Tiffany PuckettUniversity of Illinois at Urbana-Champaign

David H.K. NguyenIndiana University

Higher EducationFederal CasesLuke M. CorneliusUniversity of North Florida

Joseph McNabbNortheasten University

State CasesJoy BlanchardFlorida International University

Elizabeth T. LuggIllinois State University

Neal HutchensUniversity of Kentucky

State CourtsSouthernJohnny R. PurvisUniversity of Central Arkansas

NorthwesternRick GeiselGrand Valley State University

NortheasternJanet DeckerIndiana University

SouthwesternMichael TanWilliam Woods University

Rebecca SchlosserSul Ross State University

SoutheasternJennifer SughrueSoutheastern Louisiana University

PacificEd IrvinState of Nevada

AtlanticLuke J. StedrakSeton Hall University

New YorkJeanne SurfaceUniversity of Nebraska-Omaha

ELA and the staff of the School Law Reporter gratefully acknowledge the research assistance provided by the staff of the West Group.

Co-EditorsBrad ColwellBowling Green State [email protected]

Patrick PaukenBowling Green State [email protected]

50

Index: TopicsConcurrent Topic Sessions A ............. 10A1: Educational Ethics .................................10A2: Equal Protection, Civil Rights,

Due Process ............................................10A3: Technology | Educational

Policy & Admin ...................................... 11A4: Educational Policy & Admin. ................ 11A5: Equal Protection, Civil Rights,

Due Process ............................................12

Concurrent Topic Sessions B ............. 12B1: School Reform ........................................12B2: Higher Education Law, Policy, Issues ....13B3: School Reform | First Amendment .........13B4: Special Education ...................................14B5: Equal Protection, Civil Rights,

Due Process ............................................14

Concurrent Topic Sessions C ............ 15C1: Educational Policy & Admin. ...............15C2: Higher Education Law, Policy, Issues ....15C3: First Amendment ....................................16C4: Special Education | Educational

Policy & Admin. ....................................17C5: School Reform ........................................17

Concurrent Topic Sessions D ............ 18D1: Educational Policy & Admin. ................18D2: Higher Education Law, Policy, Issues....19D3: First Amendment ....................................19D4: Educational Policy & Admin. ................20D5: Equal Protection, Civil Rights,

Due Process ............................................20

Concurrent Topic Sessions F ............. 26F1: School Reform | Educational

Policy & Admin. .....................................26F2: Higher Education Law, Policy, Issues ...27F3: School Finance | Educational

Policy & Admin. .....................................27F4: Educational Policy & Admin. | Equal

Protection, Civil Rights, Due Process ....28F5: Equal Protection, Civil Rights,

Due Process ............................................28F6: Educational Policy & Admin. ................29

Concurrent Topic Sessions G ............ 30G1: Specialized Topics ..................................30G2: Higher Education Law, Policy, Issues....30G3: First Amendment ....................................31G4: Specialized Topic | Special Education ...32G5: Specialized Topic | Equal Protection,

Civil Rights, Due Process ......................32G6: Fourth Amendment .................................33

Concurrent Topic Sessions H ............ 34H1: The Establishment Clause ......................34H2: School Finance .......................................35H3: First Amendment ....................................36

Concurrent Topic Sessions J ............. 37J1: Educational Policy & Admin. ..................37J2: Equal Protection, Civil Rights,

Due Process | Establishment Clause .....37J3: First Amendment | Special Education .....38J4: Special Education | Educational

Policy & Admin. .....................................38J5: Equal Protection, Civil Rights,

Due Process ............................................39

Concurrent Topic Sessions K ............ 39K1: Educational Policy & Admin. ................39K2: Educational Policy & Admin.

| First Amendment ..................................40K3: Equal Protection, Civil Rights,

Due Process ............................................41K4: Specialized Topics | Tort Law ...............42K5: Equal Protection, Civil Rights,

Due Process ............................................43

51

Exhibitors, Sponsors, & Advertisers

Stanford University Press

Complete Equity Markets, Inc.

Godfrey & Kahn, S.C.

Brackett & Ellis, P.C.

52

Index: PresentersAlexander, M David ............................40Anderson, Jon .....................................32Anglade, Marilyn ................................24Armenta, Tony ..............................37, 42Axmacher, Robert .................................7Bartlett, Marilyn ..................................17Bathon, Justin ......................................24Beassie, Rhonda ....................................7Beckmann, Johan ................................16Bennett, P Tyson .................................32Benson, Kelly ...................................... 11Black, Watt .........................................16Blanchard, Joy .................................7, 13Blankenship, Anne ..............................29Bon, Susan ............................................7Borkowski, John .................................12Bowman, Kristi ...................................12Brady, Kevin .......................................18Brodina, Christa L. ..............................24Clarke, Paul .........................................37Colwell, Brad ...................................... 11Conn, Kathleen ...................................10Cornelius, Luke ...................................32Corrada, Roberto .......................5, 29, 36Cox, Betty ...........................................40Crawford, Jon ......................................38Croft, Michelle ....................................20Dagley, David .....................................19Dagley, Amy .................................19, 36Daniel, Philip ......................................12Darden, Edwin ....................................34De Waal, Elda......................................13Decker, Janet .......................................18Desiderio, Mike ...................................30Dively, John ........................................28Dryden, Joseph ....................................13Dupree, Kathy .....................................19Eckes, Suzanne ...................................15Epley, Glen ..........................................16

Escue-Simon, Carlee .....................25, 27Fitzgerald, Robert ...............................41Friedman, David .................................19Garda, Robert ................................38, 43Geier, Brett ..........................................41Geisel, Richard ....................................10Gough, Michelle ...........................15, 25Grace, David .......................................28Grasso, Hilary .....................................14Gregory, David ..........................5, 29, 36Hachiya, Robert ..................................39Haglund, Rich .....................................29Haglund, Wayne ..................................20Hart, Melissa .............................5, 29, 36Hensel, Wendy .................................... 11Holmgreen, Judith ...............................17Hutton, Thomas ...................................29Jones, Ruth ..........................................21Joubert, H J .........................................39Kajs, Lawrence ...................................15Kallio, Brenda ...............................10, 36Kalzer, Karen ......................................43Kiracofe, Christine ........................25, 31Krimbill, Elisabeth ........................21, 30Lane, Kenneth .....................................26Lashley, Laura .....................................18Leas, Terrence .....................................36Lemay, C. Aaron .................................24Letzring, Timothy ...............................25Lewis, Maria .......................................39Lhamon, Catherine ......................5, 9, 20Madahar, Sunny ..................................23Matthew, Kathryn ..............................15Matthew, Millard .................................15Matthew, Dayna ........................5, 29, 36Mawdsley, Ralph .................................34Mayers, Stewart ..................................30Mccarthy, Martha ................................34Mead, Julie ..........................................27

53

Index: PresentersMelear, Kerry ......................................30Miller, Rick .........................................14Minear, Jonathan .................................32Mirabile, Candace ...............................18Mitchell, Mark ......................................7Mondschein, Eric ................................14Mooney, Cynthia .................................17Nelson, Steven ..............................17, 23Newman, Anne ....................................41Nguyen, David ....................................27Ntshoe, Isaac .......................................27Oltman, Gretchen ................................38Osborne, Nick .....................................28Paige, Mark .........................................28Paige, Tiffany ......................................28Parris, Lauren ......................................43Pasachoff, Eloise .................................20Pauken, Patrick ...................................36Peak, David .........................................26Prinsloo, Justus ...................................16Puckett, Tiffany ...................................40Rapport, Mary Jane .............................21Richardson, Emily .........................15, 25Roberson, Thelma ...............................22Roberts, Nathan ...................................42Rohrbacher, Jr., Duane ........................13Rossow, Lawrence ..............................33Rumel, John ........................................30Russo, Charlie .....................................34Safransky, Robert ................................37Saleh, Matthew ...................................38Schimmel, David ...........................15, 34Schulman, Robert ................................35Scott, Lynn Rossi ................................20Scruggs, Lisa .......................................31Shaver, Elizabeth ................................14Sherrill Linkous, Kelly ........................32Snyder, Nicole .....................................17Sobelsohn, Richard .............................15

Spearman, Patrick ...............................43Stader, David .......................................42Stedrak, Luke ......................................19Stefkovich, Jacqueline ........................33Stellman, Leslie ...................................40Stine, Deborah .....................................10Stine, David .........................................10Sughrue, Jennifer ................................40Sun, Jeffrey ...............................7, 12, 36Superfine, Benjamin ............................26Surface, Jeanne ...................................42Sutton, Lenford ...................................28Sweeney, Kristi ...................................32Thompson, J. David ......................30, 35Thro, William ......................................35Trover, Marleis ....................................28Umpstead, Regina .........................18, 23Van Rooyen, Jean ................................39Vergon, C B .........................................43Villani, Christine .................................17Walker, Nathan ....................................21Walsh, Mark ....................................5, 43Wasserman, Lewis ..............................37Wattam, Donald .................................. 11Webb, Clay ..........................................42Weiler, Spencer .............................25, 37Wood, R. Craig....................................35Young, James ......................................22Young, Rebekah ..................................22

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