Conceptualising and enforcing the right to quality education for minorities and disadvantaged groups: reflections on the Campaign for Fiscal Equity litigation

2018 ◽  
pp. 131-142
Author(s):  
Helen Taylor
Keyword(s):  
New York ◽  
Public Schools ◽  
New York State ◽  
Quality Education ◽  
Fiscal Equity ◽  
Disadvantaged Groups ◽  
Strategic Value ◽  
Campaign For Fiscal Equity ◽  
The Right ◽  
Education Adequacy

This chapter examines how the focus on ensuring quality education for all can strengthen both the conceptualisation and enforcement of the right to education for minorities and disadvantaged groups, considering the Campaign for Fiscal Equity litigation in the New York State courts as a case study. The Campaign for Fiscal Equity litigation, which dealt with the constitutionality of New York State's education financing scheme, clearly demonstrates the strategic value that a human rights-based assessment of quality holds for ensuring equality in education provision. While the plaintiffs' argument based on education equality failed, their successful claim based on education adequacy indirectly helped to ensure a more equitable allocation of funding to public schools in New York City. The litigation also shows the close link and challenges between the conceptualisation of the right to quality education and the court's role when enforcing it.

Cultural Competence Needed to Distinguish Disorder from Difference: Beyond Kumbaya

2015 ◽  
Vol 22 (2) ◽  
pp. 64-76 ◽  
Author(s):  
Catherine J. Crowley ◽  
Kristin Guest ◽  
Kenay Sudler
Keyword(s):  
New York ◽  
New York City ◽  
Public Schools ◽  
Cultural Competence ◽  
York City ◽  
Cultural Sensitivity ◽  
Graduate Program ◽  
Language Disorder ◽  
New York State ◽  
Deep Understanding

What does it mean to have true cultural competence as an speech-language pathologist (SLP)? In some areas of practice it may be enough to develop a perspective that values the expectations and identity of our clients and see them as partners in the therapeutic process. But when clinicians are asked to distinguish a language difference from a language disorder, cultural sensitivity is not enough. Rather, in these cases, cultural competence requires knowledge and skills in gathering data about a student's cultural and linguistic background and analyzing the student's language samples from that perspective. This article describes one American Speech-Language-Hearing Association (ASHA)-accredited graduate program in speech-language pathology and its approach to putting students on the path to becoming culturally competent SLPs, including challenges faced along the way. At Teachers College, Columbia University (TC) the program infuses knowledge of bilingualism and multiculturalism throughout the curriculum and offers bilingual students the opportunity to receive New York State certification as bilingual clinicians. Graduate students must demonstrate a deep understanding of the grammar of Standard American English and other varieties of English particularly those spoken in and around New York City. Two recent graduates of this graduate program contribute their perspectives on continuing to develop cultural competence while working with diverse students in New York City public schools.

Re-Conceptualizing Race in New York City's High School Social Studies Classrooms

2019 ◽  
pp. 24-45 ◽  
Author(s):  
Edward Lehner ◽  
John R. Ziegler
Keyword(s):  
High School ◽  
New York ◽  
Public Schools ◽  
Social Studies ◽  
New York State ◽  
Social Studies Education ◽  
Academic Community ◽  
Urban Centers ◽  
Civic Values ◽  
Interdisciplinary Approaches

In New York State Public Schools, social studies education centers on employing interdisciplinary approaches to help students learn civic values and historical events. Increasingly, due in no small part to the influence of popular culture, social studies education research is making fewer distinctions about racial and ethnic identities. Following some trends in the larger academic community, more of the research in social studies education categorizes ethnically and religiously diverse European and African groups into the narrow categories of White or Black. This practice of flattening diverse European and African groups into current day race frameworks can be problematic when teaching high school social studies, particularly in highly diverse urban centers, because it perpetuates binary racial constructions that both are rooted in the historical fallacy of presentism and tend to contradict the students' ontological realities.

Variation in exemptions to school immunization requirements among New York State private and public schools

Vaccine ◽  
2014 ◽  
Vol 32 (52) ◽  
pp. 7070-7076 ◽  
Author(s):  
Yun-Kuang Lai ◽  
Jessica Nadeau ◽  
Louise-Anne McNutt ◽  
Jana Shaw
Keyword(s):  
New York ◽  
Public Schools ◽  
New York State ◽  
York State ◽  
Private And Public

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

scholarly journals Forgotten equity: The promise and subsequent dismantling of education finance reform in New York State

2019 ◽  
Vol 27 ◽  
pp. 143
Author(s):  
Drew Atchison
Keyword(s):  
New York ◽  
New York State ◽  
Education Finance ◽  
High Poverty ◽  
Finance Reform ◽  
York State ◽  
Reform Legislation ◽  
Court Mandated ◽  
Campaign For Fiscal Equity ◽  
The Impact

This study examines the impact of court-ordered finance reform in New York State resulting from Campaign for Fiscal Equity v. State of New York on equity of inputs using synthetic controls. The findings herein indicate court mandated education finance reform in New York had little to no impact on equity of educational inputs despite an overhauled education finance system intending to distribute more state funding based on student need. In the period during and following the Great Recession, the State of New York chose to cut districts’ foundation aid, a form of aid designed to be distributed progressively, halting any improvement in equity. Had funding been distributed to districts according to the foundation formula that was specified by the education finance reform legislation passed in 2007, high poverty districts would have received more funding and disparities in funding across districts with similar characteristics would have been reduced. I also show that other forms of aid, which are regressively distributed, could have been cut instead of foundation aid, allowing for more funding to flow to high poverty districts in a time of fiscal constraint.

scholarly journals School Library Research in the Real World—What Does it Really Take?

2017 ◽  
Author(s):  
Joette Stefl-Mabry ◽  
Michael S. Radlick
Keyword(s):  
New York ◽  
Student Achievement ◽  
Public Schools ◽  
Research Design ◽  
School Library ◽  
New York State ◽  
School Libraries ◽  
School Level ◽  
Library Research ◽  
Measurement And Analysis

School libraries are perceived to have a significant effect on student achievement. The reality is that evidence supporting the effects of school libraries on student achievement remains unconvincing to many serious researchers. In this paper, we provide a systematic review of 25 years of school library research examining student achievement. Results indicate that of over 260 studies, fewer than 27 approach the minimum requirements of research design. The unembellished truth is that most school library studies suffer from limitations of design, measurement, and analysis. To address such limitations, we built multiple statistical models based on six years of school-level data reflecting all public schools in New York State. We highlight key challenges of quantitative research: design, indicators, measurement and analysis approaches as they apply to ours and other school library research and share initial results from our study examining the causal relationships among school librarians, resources, activities and student achievement.

35 United States of America

2018 ◽  
Author(s):  
Cohn Joshua
Keyword(s):  
United States ◽  
New York ◽  
United States Of America ◽  
New York State ◽  
The United States ◽  
Cross Border ◽  
Security Interest ◽  
Bankruptcy Code ◽  
The Right ◽  
The U.S

This chapter examines the most common aspects of the right of set-off in the United States, focusing on the State of New York. It also considers the U.S. Bankruptcy Code and its implications for the right of set-off. The chapter first considers contractual and statutory set-off outside bankruptcy proceedings and whether set-off can be considered a security interest before discussing set-off against insolvent parties. It explains how the right of set-off is affected by the automatic stay provision in section 362 of the Bankruptcy Code, the prohibition of creditor preferences, and fraudulent transfers. It also analyses choice of law issues arising in cross-border set-off, taking into account the relevant provisions of the New York State law and Chapter 15 of the Bankruptcy Code. Finally, it reviews the applicable rules for non-U.S. parties participating in a debtor's plenary Bankruptcy Code proceeding in the absence of a Chapter 15 ancillary proceeding.

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