Can an academic institution be truly free if it relies on government funding? Federal dollars mean federal mandates, and those mandates grow increasingly draconian. More and more, they stifle debate on open questions, demand denial of verifiable scientific truths, eliminate due process for students accused of misdeeds by other students, or insist…

This guide is designed as a reference for District and School personnel working with English learners (ELs). The content of the guide represents a compilation of information, examples, and resources. This guide is a living document and subject to frequent updates. It is recommended to review the document online rather than printing a hard copy.

Though school choice has proven to be popular, barriers remain in some states as a result of so-called Blaine Amendments and similar policies to prevent education funding from following students to religious schools as a part of school choice options. If left to stand, these ignoble 19th century amendments will remain major impediments to the…

This year, across the nation, state legislators and powerful corporate interests with financial ties to universities and influence over them have launched an unprecedented number of attacks on law school clinics. As universities increasingly seek to educate students through service-learning courses, law school clinics may be the bellwether for…

Blackstone's Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance." Early on American courts cited Blackstone for the proposition of the common law duty of parents…

This report presents the basic components of a "prima facie" antitrust case against the Oregon State System of Higher Education. It deals with the constitutional issues raised as well as showing that higher education is interstate commerce within the meaning of the antitrust laws. The report analyzes the state exemption to antitrust laws…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

The format of this monograph follows essentially the arrangement of the day-long conference on Serrano vs. Priest: a major paper presentation, followed by a panel of three respondents, and subsequent general discussion involving the audience and conference participants. The editors have attempted to provide both the formal and the extemporaneous…

"Education Matters" is the monthly newsletter of the Association of American Educators (AAE), an organization dedicated to advancing the American teaching profession through personal growth, professional development, teacher advocacy and protection. This issue of the newsletter includes: (1) Quality Counts: Doesn't It? (Kate Walsh and…

This report from a blue ribbon panel of experts convened by Disability Rights Advocates, Inc. and the Oregon Department of Education addresses the interplay between standardized examinations and students with learning disabilities. The report describes in detail the accommodations, alternate assessments, appeals procedures, and other safeguards…

The legal system has significantly influenced the everyday operation of American public schools in the last 20 years. Because of the increasing probability of teacher involvement in a legal incident, a working knowledge of the law as it relates to physical education is important. Included in this document, which focuses on tort liability for…

Presents the U. S. Supreme Court decision in the 1925 case of Pierce, Governor of Oregon, et al. v. Society of Sisters of the Holy Names of Jesus and Mary. v. Hill Military Academy. Decrees that the state law requiring parents to enroll students between the ages of 8 and 16 in a public school is unconstitutional. (VWC)

Court litigation involving two state universities in Oregon concerns providing athletic equity without losing large revenue potential in men's sports. Compliance with federal regulations has been less critical than appropriately defining and bringing about athletic equity. The Oregon State findings of fact and conclusions of law and order are…

This paper describes the research that has been required to develop the factual evidence for challenges to inequitable school finance laws and for defenses of school finance reform legislation in Oregon and Wisconsin. Both the challenge to and the defense of school finance legislation use an analytical framework that focuses on the following…

In the Spring of 1998 the Portland (Oregon) Public Schools hired Dr. Pamela Settlegoode as an adapted physical education teacher for the coming academic year. Her job was to provide adapated PE to students with disabilities in three different schools and to draft individualized education plans (IEPs) in accordance with federal law. Soon after…