Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Salon 6 and 7
    Floor: Third Floor

    Title IX’s Inherent Flaw

    Emily Suski, University of South Carolina School of Law

    Title IX’s protections and remedies turn on timing. A student who is sexually abused or harassed in school must give the school notice of the harassment in order for the school to be held responsible for it. Yet, students who suffer sexual abuse and harassment often do not report it. Consequently, Title IX offers them no protection or relief. This article critiques Title IX’s notice requirement as specious and one that guts Title IX of force. It proposes doctrinal and legislative solutions to render it effective.

    Leaving More Children Behind: New York’s Special Education District 75

    Charisa Kiyô Smith, City University of New York School of Law

    Insufficient scholarly and advocacy attention has been paid to the legal questions raised by New York City School District 75.  The district is not geographically defined and is reserved for students with the most severe disabilities.  Few scholars even know of its existence.  Although local practitioners and advocates have growing concerns, they fail to question whether Dist. 75 administration is lawful and effective, not to mention discriminatory, incompetent, or ineffective.  This case study explores the mutually constitutive relationship between disability, race, culture, privilege and the law.

     Shocking violations of both civil rights and special education law should force challenges to Dist. 75 in courts and on the administrative level.  While IDEA and Section 504 require districts to educate students in the least restrictive environment, students are referred to Dist. 75 without exploration of alternatives.  Few safeguards ensure that Dist. 75 students are later reviewed; and this placement brands them as uneducable elsewhere.  Referrals to middle and high schools are racially disparate, while students’ disabilities are incorrectly or unnecessarily defined.  Alarmingly, less than 1% of Dist. 75 students graduate with a marketable diploma or skills, and a disproportionate percentage wind up in the justice system.  Although parents have received equitable federal relief for Dist. 75’s failures, reforms neither identify nor address the true dilemma.

Session Speakers
City University of New York School of Law
Works-in-Progress Presenter

University of South Carolina School of Law
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.