This report argues that the Michigan state constitution's "Blaine Amendment," a provision which prevents parents from drawing on state funding to go outside the public school system, is superseded by the United States Supreme Court's 2020 ruling in the case Espinoza v. Montana Department of Revenue. The report discusses a legislative…

Federal legislation, such as the Americans with Disabilities Act, Section 504, and the Individuals With Disabilities Education Act, mandates that individuals with disabilities be integrated in all aspects of life from education to employment to independent living. A recent development involves a settlement reached between the United States and the…

This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

Demographics in the U.S. have changed dramatically over the last three decades. Indiana's demographics are changing, too--albeit less dramatically. To explore how demographic shifts are changing the composition of Indiana's schools, the Center for Evaluation and Education Policy (CEEP) uses Common Core of Data (CCD) school enrollment data from the…

Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican…

The United States Congress' Southern Congressional Delegation promulgated the Declaration of Constitutional Principles, popularly known as the Southern Manifesto, on March 12, 1956. The Southern Manifesto was the South's primary means to effectively delay implementation of public school desegregation as ordered by the United States Supreme Court…

This report examines the problem of school facility disparities in Michigan and the prospects of litigation to address this problem. First, the authors briefly review evidence of the important impact of school facilities on students, teachers, and communities. They then provide an overview of litigation aimed at state school finance systems across…

This publication provides a State by State listing of court cases dealing with school desegregation. Each entry is listed alphabetically by State and includes a brief statement concerning the case and/or its status. (EB)

In enacting federal age discrimination legislation, Congress has not preempted the ability of the states to afford more protection to employees from forced retirement than the federal act provides. States with and without age discrimination laws and other sources of law are briefly discussed. (MLW)

Since Congress has enacted no statutes of limitations for the governance of claims brought under the older civil rights acts, various state limitation provisions must be applied. Aspects of the problem of uncertainty are examined, and several means of resolution are suggested. (LBH)

In June 1989, the Kentucky Supreme court ruled the state's elementary and secondary school system unconstitutional. A Task Force on Education Reform provided recommendations to the General Assembly for reforming the educational system which resulted in the Kentucky Education Reform Act of 1990. This act mandates the creation of a system of public…

A NATIONAL SURVEY WAS CONDUCTED TO IDENTIFY THE RELATIONSHIPS OF SUBSTANTIVE (WRITTEN) AND COMMON LAW TO THE ORGANIZATION AND OPERATION OF NONPUBLIC U.S. COLLEGES AND UNIVERSITIES. A MULTIPHASED PROCEDURE WAS EMPLOYED. INITIALLY, LITERATURE WAS REVIEWED TO TRACE THE HISTORICAL-LEGAL DEVELOPMENT OF NONPUBLIC HIGHER EDUCATION IN THE UNITED STATES.…

After reviewing the results of local regulation of cable television, the author feels that local governments are not fully capable of properly administering and regulating a cable system. (The Federal Communications Commission (FCC) agrees that this job should be the states' responsibility.) The article then reviews the structure of the current…

The course of collective bargaining for public employees (including teachers) in the state of Alabama is examined in this study. Although Alabama currently has no state legislation providing for bargaining for teachers, the trend nationally, as well as in the state, seems to be toward establishment of bargaining units for public employees. The…

This paper presents findings of a study that identified the actions taken by states to deal with sexual harassment in school districts. It also provides a historical overview of federal legislation and court litigation related to sexual harassment, civil rights, and First Amendment rights. Data on state actions were derived from a survey of all…