Education Lawl High Quality
ELC answers Frequently Asked Questions to assist parents whose children did not receive appropriate special education services during the pandemic. The deadline to raise these claims is September 1, 2023!
ELC represents over 300,000 low-income NJ schoolchildren in the Abbott v. Burke litigation. The Abbott decisions have been called the most important equal education rulings since Brown v. Board of Education.
The institutions of the university shall include all secondary and higher educational institutions which are now or may hereafter be incorporated in this state, and such other libraries, museums, institutions, schools, organizations and agencies for education as may be admitted to or incorporated by the university. The regents may exclude from such membership any institution failing to comply with law or with any rule of the university.
The regents, or the commissioner of education, or their representatives, may visit, examine into and inspect, any institution in the university and any school or institution under the educational supervision of the state, and may require, as often as desired, duly verified reports therefrom giving such information and in such form as the regents or the commissioner of education shall prescribe. For refusal or continued neglect on the part of any institution in the university to make any report required, or for violation of any law or any rule of the university, the regents may suspend the charter or any of the rights and privileges of such institution.
Under such name, with such number of trustees or other managers, and with such powers, privileges and duties, and subject to such limitations and restrictions in all respects as the regents may prescribe in conformity to law, they may, by an instrument under their seal and recorded in their office, incorporate any university, college, academy, library, museum, or other institution or association for the promotion of science, literature, art, history or other department of knowledge, or of education in any way, associations of teachers, students, graduates of educational institutions, and other associations whose approved purposes are, in whole or in part, of educational or cultural value deemed worthy of recognition and encouragement by the university. No institution or association which might be incorporated by the regents under this chapter shall, without their consent, be incorporated under any other general law. An institution or association which might be incorporated by the regents under this chapter may, with the consent of the commissioner of education, be formed under the business corporation law or pursuant to the not-for-profit corporation law if such consent of the commissioner of education is attached to its certificate of incorporation.
a. If a provision of the not-for-profit corporation law conflicts with a provision of this chapter or of such special act by which an education corporation is formed, the provision of this chapter or of a special act shall prevail and the not-for-profit corporation law shall not apply in such case. If an applicable provision of this chapter or of such special act relates to a matter embraced in the not-for-profit corporation law but is not in conflict therewith, both provisions shall apply.
c. The following provisions of the not-for-profit corporation law shall not apply to education corporations: section one hundred five, section one hundred thirteen, section one hundred fourteen, paragraph (a) of section two hundred one, paragraphs (b) and (c) of section two hundred two, section two hundred five, section three hundred one, section three hundred two, section three hundred three, article four except paragraphs (b) through (p) of section four hundred four and section four hundred five, section five hundred nine, section five hundred eighteen, section five hundred twenty-one to the extent that it refers to section five hundred eighteen, paragraph (d) of section seven hundred six, article eight except section eight hundred four, section nine hundred seven, section one thousand eleven, section one thousand twelve and article fourteen.
(8) Section seven hundred sixteen shall not apply to a loan by an education corporation if its board, in the discharge of its duty to the corporation, finds that such loan (1) is in the best interest of the education corporation and (2) is (a) to an officer or director thereof pursuant to a plan of employee or faculty assistance, or (b) to a business corporation the shares of which are wholly owned by such education corporation, or (c) to a not-for-profit corporation which is controlled by such education corporation, or by a group of education corporations including such education corporation, or (d) to any corporation on the board of which a director or officer of such education corporation is serving as a director at the request of the board of such lending education corporation; provided, however, that any loan by an education corporation to any corporation or other entity in which a director or officer of such education corporation has, directly or indirectly, a substantial financial interest, is prohibited. The provisions of this subparagraph shall not apply to a private foundation under section two hundred sixteen-b of this chapter.
(10) Under section nine hundred six, if any constituent corporation or the consolidated corporation is or would be an education corporation, the consent of the commissioner shall be endorsed on or annexed to the certificate of merger or consolidation prior to the filing by the department of state.
An interdisciplinary student organization based at Fordham Law School that welcomes student members from all of Fordham's colleges and graduate programs. ELC seeks to bring together students and practitioners from various fields to discuss and elaborate solutions to issues in education law and policy that challenge pk-12 schools and higher ed institutions.
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In the Education Law Practicum law students provide legal services for various educational entities such as charter schools, independent schools and educational non-profit organizations. Students will use legal frameworks to reimagine K-12 education and work directly with the various constituent groups of schools, including students, families, school leaders, teachers and administrators.
The Education Practicum provides students with the opportunity to provide legal representation to schools and school-based organizations, develop lawyering skills, and thought-partner with other clinic students, supervisors and experts in the world of education.
The first part of the course will be an intensive workshop series or boot-camp forum. Students will analyze the legal framework of educational entities (charter, public, private, foundation) and the intersection of law within the operational school environment. Students will work together on a single issue with an eye towards unpacking a typical school policy (e.g., student discipline policy) and reconstructing it based on the viewpoints of the various constituents in a school setting and through the lens of equity and inclusion.
During the second part of the course, students will participate on small teams to support individual clients on specific issues. Education non-profit clients may include after-school programs, charter authorizers, community charter schools, and private school clients. Students will advise education programs, interfacing with not only the school clients but the constituents they serve. Students will write memoranda of law and draft school policy documents that draw upon the law, in addition to current brain-based research and behavioral sciences.
Throughout the semester, we will address topics such as ethics, client management, and substantive education law including free speech, privacy, discipline, board governance and disability rights. We will have ongoing seminar discussions, exploring the role of educators and education in society and how the traditional framework of schools impedes or advances the interest of its constituent groups. Students will develop a range of valuable lawyering skills including but not limited to 1) practice-oriented research, 2) client and client-constituent communication, 3) writing and drafting memoranda and policy, and 4) legal team work.
For example, today, high school graduation rates are at all-time highs. Dropout rates are at historic lows. And more students are going to college than ever before. These achievements provide a firm foundation for further work to expand educational opportunity and improve student outcomes under ESSA.
The Elementary and Secondary Education Act (ESEA) was signed into law in 1965 by President Lyndon Baines Johnson, who believed that "full educational opportunity" should be "our first national goal." From its inception, ESEA was a civil rights law. 350c69d7ab