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Articles 391 - 401 of 401

Full-Text Articles in Education Law

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald Apr 1980

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.

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Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review Feb 1980

Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review

Michigan Law Review

This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …

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Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn Oct 1978

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

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Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber Jan 1978

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

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Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter Jan 1978

Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter

Research Collection Yong Pung How School Of Law

Since World War II, changes and developments in various policies of the American government have given rise to a vast array of complex regulations applicable to institutions of higher learning that receive federal financial support.' Before World War II the federal government was not wholly divorced from matters of higher education, but financial support came principally from state or local governments and from private sources. The shift to a more active federal role has profoundly affected the nation's private colleges and universities.' While state schools have always had a close relationship with their supporting governments, the increased federal role has …

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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 …

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East Carroll Parish School Board V. Marshall, Lewis F. Powell, Jr. Oct 1975

East Carroll Parish School Board V. Marshall, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

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Teague-Cranston Act Of 1972, United States Congress Oct 1972

Teague-Cranston Act Of 1972, United States Congress

Establishment of James H. Quillen College of Medicine

United States Public Law 92-541, commonly known as the Teague-Cranston Act, called for the creation of five new medical schools in five states to meet the needs of medically under served areas of the country. The act, as passed, required that the new schools be "located in proximity to, and operated in conjunction with, Veterans' Administration medical facilities." This worked in ETSU's favor as the university is located adjacent to the Mountain Home VA Hospital. Signed into law by President Richard Nixon, this would eventually lead to the establishment of the Quillen College of Medicine.

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New York City School Decentralization, Barry D. Hovis Dec 1969

New York City School Decentralization, Barry D. Hovis

University of Michigan Journal of Law Reform

The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …

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Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers Nov 1964

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

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Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis Jan 1939

Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis

Michigan Law Review

Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …

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