Preston Green, PhD
Since 1991, forty-five states and the District of Columbia have enacted charter school laws. According to the National Center for Public School Statistics, there are more than 7,200 charter schools serving 3.1 million students. Although charter schools are commonly defined as "public," they are exempt from many laws that apply to traditional public schools.
This presentation will focus on two legal issues that have arisen due to this latitude and provide suggestions for attorneys, policymakers, and educators to deal with these problems. First, it will explain how the hybrid nature of charter schools has made it difficult for courts to determine whether to apply "public" or "private" legal concepts to them. Second, this presentation will discuss how unscrupulous charter-school operators have taken advantage of insufficient oversight to engage in large-scale fraud and mismanagement.
Reconciling Trinity Lutheran and Espinoza for Schools: The Future of Religion Clauses in the First Amendment
Dr. Martha McCarthy and Dr. Charlie Russo
Both Drs. McCarthy and Russo have received the McGhehey Award for lifetime achievement form the Education Law Association (ELA) and have served as President of ELA.
In preparation for this presentation, attendees are encouraged to review Professor Schwartz' recent blog posts on the subject of qualified immunity: The Case Against Qualified Immunity - Imagining A World Without Qualified Immunity.
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