Annotated Bibliography 1

Annotated Bibliography for School Law

by

Kyle Broussard, B.S

An Annotated Bibliography in Partial Fulfillment

of the Requirements for the Degree

Master of Education

SCHOOL OF EDUCATION
EAST TEXAS BAPTIST UNIVERSITY

May 2018
Annotated Bibliography 2

Altschuler, G. (2015, October 28). What are the limits to free speech in schools? Retrieved from

http://theconversation.com/what-are-the-limits-to-free-speech-in-schools-49545

This article discusses the rocky path of what meets or violates constitutional standards. For that

is still up to debate. The article looks gives information about when a student’s speech should be

censored, and that is when it significantly disrupts or collide with legal rights of others. A step

that is mentioned to help is that school should teach free speech, and help understand the

differences between personal and official messages, and that permitting speech is not the same as

endorsing it.

Armstrong, T. (2016, October 16). 6 reasons for fully including children with special needs in

regular classrooms. Retrieved from http://www.institute4learning.com/2016/10/16/6-

reasons-for-fully-including-children-with-special-needs-in-regular-classrooms/

This article gives reasons why inclusion is beneficial to regular classrooms. Having kids with

disabilities in the classroom creates diversity. The students will also bring new strengths to the

classroom. People often focus on the weaknesses, but kids with disabilities often have strengths

that others do not. The classroom turns into a climate that promotes giving, and helping others.

Being a higher education classroom means that there is more expected out of the students, and

students with disabilities benefit from that. Creates challenges in finding ways to better

everyone’s education. The students with disabilities will have a better chance of developing their

brain.

Armstrong, T. (2017, April). Neurodiversity: The future of special education? Retrieved from

http://www.ascd.org/publications/educationalleadership/apr17/vol74/num07/Neurodiversi

ty@-The-Future-of-Special-Education%C2%A2.aspx
Annotated Bibliography 3

This articles argues that neurodiversity is the change that special education programs need. The

article argues that right now special education programs do not have the tools to bring out the

student’s strengths, so they are forced to focus on their weaknesses. Where a neurodiversity

approach would allow teachers to focus and build on the student’s strengths. Students would be

given opportunities to help reach their brains fullest potential. A limitation to this is that over the

years’ people have fought to make sure their children’s disabilities are recognized and served.

There could be a fear that this method does not shine the light on their disabilities.

Cohn, J. (2017, March 3). Texas introduces campus free speech legislation. Retrieved from

https://www.thefire.org/texas-introduces-campus-free-speech-legislation/

The purpose of this article is to inform people of two bills that could help campus free speech.

One would allow students to express themselves by assembling protest, speeches, written

material, carrying of signs, and petition on open, outdoor areas of campus. The other is similar,

but prevents the campus from disinviting speakers that have been invited from members of the

campus community, and from using anti-harassment codes to punish students.

Cushman, C. (2016, November 11). Can Christian teachers express their faith in public schools?

Retrieved from https://erlc.com/resource-library/articles/can-christian-teachers-express-

their-faith-in-public-schools

The purpose of the article was to give information about how far a teacher can exhibit their faith

using Q&A. Teachers are allowed to answer questions about their personal belief, but can get in

trouble if their answer turns into a sermon to the class. They also need sure the statement is clear

it is their belief and not the schools. Teachers are allowed to pray and do bible studies together as

long they are done before and after school hours. Teachers can give instruction on Christianity
Annotated Bibliography 4

and the Bible as long as they do it in an educational manner related to the subject material in the

class. When it comes to having a Bible on their desk teachers should follow the district’s policy

and seek legal counsel beforehand.

Gillette-Mallard, K. (2015, July 17). How early education can reduce special education

placements. Retrieved from https://www.newamerica.org/education-

policy/edcentral/reducing-special-education-placements-through-early-education/

This blog makes points that early education amongst kids is the most important education when

it comes to kids with disabilities. The blog mentions around 40 percent of kids that identify with

disability exited from services between pre-k and third grade. After third grad until the age of 19

that number is roughly 25 percent. Meaning kids are more likely to stay in special education for

their career.

Hardman, M.I., & West, J. (2003). Increasing the number of special education faculty: policy

implications and future directions. Teacher Education and Special Education, 23, 206-

214. Retrieved from http://journals.sagepub.com/doi/pdf/10.1177/088840640302600307

This article suggest that more emphasis should be put on getting teachers with a higher education

and better understanding of how to handle students with learning disabilities. Along with the

belief that high education to form alliances with families, federal government, local education

agencies to help better meet the needs of students with disabilities. Ultimately the article argued

that there needs to be higher educated teachers that are qualified to meet the needs of the

students.
Annotated Bibliography 5

Hudson Jr, D.L. (2018, March). K-12 public school student expression overview. Retrieved from

https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-

speech-2/k-12-public-school-student-expression/

The purpose of this article was to inform parents and students that they do not lose their

constitutional rights inside of school. The students have the ability to do articles for the school

newspaper, join clubs, distribute literature and even petition school officials. Students have the

ability to express themselves in many ways like their speech, ideas they write, and clothes they

wear. The article mainly makes sure that people know they still have their first amendment rights

in school.

Inclusive Schools Network (2015, June 10). Together we learn better: inclusive schools benefit

all children. Retrieved from https://inclusiveschools.org/together-we-learn-better-

inclusive-schools-benefit-all-children/

This article argues that inclusion classroom does not only benefit the students with disabilities,

but also the general-education students. One important way is that inclusive schools provide a

variety of ways students can learn. The students will also be subject to academic and behavior

support. The schools also create a diverse learning environment, and are effective with school

resources.

Kirby, M. (2017). Implicit assumptions in special education policy: Promoting full inclusion

for students with learning disabilities. Child & Youth Care Forum, 46(2), 175-191.

Retrieved from ETBU Library database doi:10.1007/s10566-016-9382-x

Annotated Bibliography 6

The purpose of this article was to bring light to the fact that inclusion of students with disabilities

is still not where it needs to be. The article has ideas that could help the inclusionary process.

Such as, terminating labels that are placed on students with disabilities. Making sure teachers are

utilizing evidence based practices that are usable in the classroom. Constant progress monitoring

of the students can allow the teacher to gain important knowledge about what is working, or is

not working. Then a change in the preparation programs for teachers, allowing them to better

understand how to teach all students with or without learning disabilities.

Levin, C.S. (2016, June 6). Legal analysis: how far can school go in limiting student speech

online? Retrieved from http://www.splc.org/article/2016/06/legal-analysis-student-speech

This article discusses the topic of online speech from students, and what is acceptable to punish

and is not acceptable to punish. It is mentioned that the courts are still divided on this issues as

some have upheld student speech rights online, while others have allowed school districts to

punish students for their speeches, even when it was done off campus. Ultimately say in order to

have a better understanding the Supreme Court will have to make a ruling on this issue.

Mader, J. (2017, March 1). How Teacher Training Hinders Special-Needs Students.

Retrieved from https://www.theatlantic.com/education/archive/2017/03/how-teacher-

training-hinders-special-needs-students/518286/

This article discusses how if there is any hope of making inclusion of students with learning

disabilities with general-education students successful. Then is starts with the training and

preparation of teachers. With more students with learning disabilities being placed into

classrooms with general-education teachers those teachers need to be prepared for it. However,

training programs in the past did little to help, and still are not where they need to be. Even
Annotated Bibliography 7

though some programs do provided training, it usually just one course, and that is not enough to

prepare the teachers.

Mateer, J. & Leu, E. (2012, November 4). Protect high school students’ rights to free speech.

Retrieved from https://www.washingtonpost.com/opinions/protect-high-school-students-

rights-to-free-speech/2012/11/04/cc507adc-2546-11e2-

ac85e669876c6a24_story.html?noredirect=on&utm_term=.860401c6b5ad

This articles discussed what happen when cheerleaders at a Texas High School started writing

encouraging religious messages on their banners during football games. An anti-religion group

1,000 miles away complained, and the superintendent made them stop doing it. They sued and

gained support from many people including the Governor of Texas Rick Perry. The courts

allowed them to do it the rest of the year. It is viewed that the students are using private speech,

and their views on be-half of the school, but the schools have to stay neutral to all viewpoints.

McKenna, L. (2017, March 23). How a New Supreme Court Ruling Could Affect Special

Education. Retrieved from https://www.theatlantic.com/education/archive/2017/03/how-

a-new-supreme-court-ruling-could-affect-special-education/520662/

This article discusses the case of Endrew F. v. Douglas Country School District (2017), that

made its way to the U.S. Supreme Court. The parents tool their son out of public school where he

saw little progress, and enrolled him in a private school where he made significant progress.

They sued the school district to recover to cost of tuition, the lower court sided with the district

saying kids have rights to public education not to be guaranteed any level of education. The

Supreme Court ruled in favor of higher standard education for children with disabilities. Many

people felt this would set a nationwide standard, while other felt this would not impact school.
Annotated Bibliography 8

O’Leary, W. (2016, May 4). Five trending issues in special education. Retrieved from

http://blog.edmentum.com/five-trending-issues-special-education

The purpose of this blog was to point out five trending issues in special education. Those issues

are early intervention and prevention, technology, transition planning, teacher licensure, and

placement.

Samuels, A. (2018, April 5). Teachers in other states are striking. Texas teachers can’t do that.

Retrieved from https://www.texastribune.org/2018/04/05/texas-public-school-teachers-

strike-union-oklahoma/

The purpose of this article is inform teachers in the state of Texas that they cannot go on strike. If

they do, they could lose their teaching certificates and pensions.

Samuels, C. (2017, November 3). Does inclusion slow down general education classrooms?

Retrieved from

http://blogs.edweek.org/edweek/speced/2017/11/does_inclusion_slow_down_general_ed

ucation.html

This article discusses the impact on which inclusion is having on general education students. It

was asked in a survey to teachers of 38 countries on if it is, and the answer came back to be yes.

One issue is that in many classrooms that have a high percentage of disabilities the teachers are

less trained and less experienced. Another issue is that the teachers do not spend more instruction

time with the kids with disabilities rather than the general kids. It is the behavior problems that

come with students with disabilities that can disrupt the teacher from teaching.
Annotated Bibliography 9

Schwartz, R. & Oppito, W. (2016, September 6). Flag salute- rights of students and schools.

Retrieved from http://njpsa.org/flag-salute-rights-and-students-and-schools/

This article looks at many different cases involving the salute of the American Flag. Ultimately if

a student chooses to not stand for the Flag Salute or national Anthem that is exercising their free

rights to expression. Especially if their doing so is a protest over a government policy, or based

on religious beliefs that are not meant to bring any disruption.

Tashman, B. (2017, September 1). Student rights at school: six things you need to know.

Retrieved from https://www.aclu.org/blog/juvenile-justice/student-rights-school-six-

things-you-need-know

This article gives information on what students have the right to do during school. The fact they

have speech rights and cannot be punished for them. Dress code rights, schools have the ability

to stablish a dress code, but students have the right to express themselves. Immigrant rights,

schools cannot discriminate. Disability rights, students cannot be denied education based on

disabilities. LGBT rights, students have the right to express themselves. Along with pregnancy

discrimination rights.

Waxman, O.B. (2018, March 13). Here’s what happens when the Supreme Court ruled on

whether students can protest during school. Retrieved from http://time.com/5171160/gun-

control-student-protest-history/

This article addresses the issue of students protesting about gun-control and school-safety. The

article mentions a superintendent for a school district in Texas threatened to suspend any student

for three days if they protested during school hours. It is likely that message is unconstitutional

thanks to the Supreme Court’s ruling in 1969 that said students do not lose their constitutional
Annotated Bibliography 10

rights of freedom of speech and expression when they enter school. Gives information about the

tinker case the Court ruled on. Ultimately if the kids do not disrupt the school day they are free to

express themselves.