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Education Law

1976

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Full-Text Articles in Law

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim Oct 1976

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …


Wolman V. Walters, Lewis F. Powell Jr. Oct 1976

Wolman V. Walters, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr. Oct 1976

Mt. Healthy City School District Board Of Education V. Doyle, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.


Nyquist V. Mauclet, Lewis F. Powell Jr. Oct 1976

Nyquist V. Mauclet, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Ingraham V. Wright, Lewis F. Powell Jr. Oct 1976

Ingraham V. Wright, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Vorchheimer V. School District Of Philadelphia, Lewis F. Powell Jr. Oct 1976

Vorchheimer V. School District Of Philadelphia, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr. Oct 1976

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Milliken V. Bradley, Lewis F. Powell Jr. Oct 1976

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Reductions In Force Rationale: Teachers "Riffed" In Levy Losses, Patricia J. O'Hanley Oct 1976

Reductions In Force Rationale: Teachers "Riffed" In Levy Losses, Patricia J. O'Hanley

Washington Law Review

This comment will review the development of due process requirements for teacher reduction in force in Washington, and will consider the specificity of notice required and the use of seniority as a standard for nonrenewals. It will examine the adverse impact of the Pierce decision in implicitly upholding the delegation of staff reduction responsibility by schools' boards of directors to individual building personnel, concluding that seniority no longer holds the preferred position of the earlier interpretation in Thayer v. Anacortes School District, but is modified by individual district policies and guidelines.


Education And The Law: State Interests And Individual Rights, Michigan Law Review Jun 1976

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …


School Books, Lesson Plans, And The Constitution, Frederick F. Schauer May 1976

School Books, Lesson Plans, And The Constitution, Frederick F. Schauer

West Virginia Law Review

No abstract provided.


School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith May 1976

School Desegregation -- Failure To Revamp Segregated School District Attenuates The Milliken V. Bradley Barrier To Federal Interdistrict Remedies United States V. Missouri, 515 F.2d 1365 (8th Cir.), Cert. Denied, 96 S. Ct. 374 (1975), James C. Smith

Scholarly Works

Kinloch School District, small and all-black, adjoins the predominantly white Berkeley and Ferguson-Florissant School Districts in St. Louis County, Missouri. Kinloch and Berkeley had comprised one district until 1937, when they split along racial lines. In 1971 the United States, pursuant to Title IV of the Civil Rights Act of 1964 and the fourteenth amendment, commenced a school desegregation action against the State of Missouri, the State and county boards of education, the three school districts, and several public officials. The district court concluded that all the defendants had unlawfully maintained Kinloch as a racially segregated school district. After reviewing …


Hews Regulation Under Tittle Ix Of The Education Amendments Of 1972: Ultra Vires Challenges, Monte N. Stewart Mar 1976

Hews Regulation Under Tittle Ix Of The Education Amendments Of 1972: Ultra Vires Challenges, Monte N. Stewart

BYU Law Review

Summary of Contents

Introduction

I. History of Title IX

A. The women's movement and higher education

B. Evidence of sex discrimination in higher education

C. Congressional action leading to enactment of title IX

II. HEW's Title IX Regulation

A. History of the title IX regulation

B. Scope of HEW's title IX regulation

III. Ultra Vires Attacks on HEW's Title IX Regulation

A. Ultra vires challenges to administrative regulations: in general

B. Ultra vires challenges to the title IX regulation

1, The "laying before" procedure

2. The definition of "receiving federal financial assistance"

a. The language of the statute

b. The …


Constitutional Law--The Children's Crusade For Constitutional Recognition, John B. Koch Feb 1976

Constitutional Law--The Children's Crusade For Constitutional Recognition, John B. Koch

West Virginia Law Review

No abstract provided.


Schools And School Officials--Liability To Students For Civil Rights Violations, Darwin Thomas Feb 1976

Schools And School Officials--Liability To Students For Civil Rights Violations, Darwin Thomas

West Virginia Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


The Dismissal Of Tenured Faculty For Reasons Of Financial Exigency, James L. Petersen Jan 1976

The Dismissal Of Tenured Faculty For Reasons Of Financial Exigency, James L. Petersen

Indiana Law Journal

No abstract provided.


The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp Jan 1976

The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp

University of Richmond Law Review

The Family Educational Rights and Privacy Act of 1974, the so called Buckley Amendment, grants parents the right to inspect all records that schools maintain on their children and to challenge any contents they believe are inaccurate or misleading. The Act also requires that parents consent before information from school records is released to those outside specified educational categories. Once a student reaches eighteen years of age or enters a postsecondary educational institution, he assumes these rights in his parents' stead. The penalty for failure of an educational system or institution to comply with the law is loss of all …


Student Participation In University And Law School Governance, George P. Smith Ii Jan 1976

Student Participation In University And Law School Governance, George P. Smith Ii

Scholarly Articles

To gain a better perspective for analysis of the present extent of student participation in university governance, it will be helpful to examine the experiences of several countries in Western Europe. This Article will examine the means by which American law schools have permitted reasonable student participation without threatening the academic freedom of law school faculties, a threat which the European experience reminds us is very real.


Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem Jan 1976

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.


Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo Jan 1976

Constitutional Law - Civil Rights - Discrimination Against Blacks In Admissions To Private Schools Violates The Right To Contract Guaranteed By Section 1981, Susan M. Denbo

Villanova Law Review

No abstract provided.


The Dismissal Of Public Schoolteachers For Aberrant Behavior, Richard H. C. Clay Jan 1976

The Dismissal Of Public Schoolteachers For Aberrant Behavior, Richard H. C. Clay

Kentucky Law Journal

No abstract provided.