Promoters of the Fiesta Football Bowl offered the universities of Alabama and Louisville $400,000 each to fund minority-exclusive scholarships. The Department of Education declared minority-exclusive scholarships illegal. Documents the historically uneasy relationship between race-based scholarships and Title VI of the Civil Rights Act of 1964.…

The U.S. Department of Education, Office of Special Education and Rehabilitation Services (OSERS) has stated that school districts must continue to provide services to disabled students after expulsion even when behavior is not related to the child's disability. The OSERS opinion cites no legislative or judicial authority and directly contradicts…

The Americans with Disabilities Act has addressed shortcomings in public education's treatment of the disabled by essentially codifying judicial interpretations of Section 504 of the Federal Rehabilitation Act that have evolved since its passage and extending the context of applicability. (42 references) (MLF)

Title IX prohibits sex discrimination in educational institutions receiving any federal funds. Until 1988, college athletics were exempt from compliance. Examines the results of some recent court cases to see how the law was interpreted and concludes what schools should do to be proactive in the struggle for gender equity in collegiate sports. (72…

Reviews legal and practical aspects of a university's potential liability for fraud, waste, and abuse. Discusses the array of criminal, civil, and administrative sanctions that may be imposed on grantees who engage in fraudulent practices. (84 references) (MLF)

Focuses on practical guidelines for the implementation of discipline policy at the local level, including suggestions for distinguishing discipline policy for disabled students from discipline policy affecting students in general. (MLF)

The Federal Election Commission (FEC) is considering a rule that would prohibit federal candidates from holding political events on private college campuses. Explains the proposal's origins and content, and argues against the measure, explaining both its redundancy and internal inconsistencies. Suggests a less intrusive method to accomplish FEC's…

The Supreme Court in "Zobrest" identified a variety of factors that rendered constitutionally acceptable the provision of a publicly paid sign-language interpreter in a parochial school. In "K.R." the judge upheld provision of a publicly paid instructional assistant in a parochial school. Analyzes the case and its implications…

A number of school attorneys claim that some of the Office for Civil Rights rules exceed statutory authority and impermissibly require "affirmative action" by school districts for certain students with disabilities. Explains that this is a technical legal issue and states why this controversy exists. (MLF)

Annotated outline provides an overview of the administrative and judicial rulings under Section 504 with regard to services to K-12 public school students. (MLF)

Discusses "Doe v. Petaluma City School District," the only reported federal court decision dealing with "peer sexual harassment," and other sexual harassment cases. Cites major remedies available to victims of peer harassment in schools and the scope and extent of school district and/or employee liability for peer harassment.…

Federal allocations for special education programs are below 10% whereas the federal contribution to state medicaid programs ranges from 50-80%. Third-party billing provides a more equitable distribution of the costs among federal, state, and local governments, in addition to including private-sector contributions. (MLF)

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate students with disabilities in the least restrictive environment (LRE). The IDEA does not require mainstreaming in all cases; however, in several recent cases, courts began to tip the scales in favor of inclusive programming for these students. Reviews cases…

Reviews the case law that has developed in litigating the rights of parents and students who have either been denied access to student records or whose records have been released in violation of the Family Educational Rights and Privacy Act (FERPA). Considers some implications under FERPA for educational institutions involving issues of both…

Reviews the legislative history, purpose, and principal provisions of the Family Educational Rights and Privacy Act of 1974, and calls attention to reported decisions on issues including a private right of action, the release of education records through discovery or by judicial order, and the release of students' names and addresses. (98…