The system of school finance equity in Texas is described as it existed before the court case Edgewood Independent School District (ISD) v. Kirby, and the overhaul mandated by legal rulings in the evolving Edgewood case is reviewed. In Texas, as elsewhere, the system of school finance has historically been based on the local property taxes…

Promotion and tenure decisions in higher education are discussed and identified as no longer private affairs within departments, but subject to affirmative action guidelines and court scrutiny. Increasing numbers of discrimination complaints are forcing committee members to justify publicly decisions that were once left to their private…

In an effort to foster better understanding of the crucial role of the courts in protecting all persons from legislative and executive overreaching, this report examines and evaluates the Helms-Johnston Amendment, one of many efforts Congress is making to limit the authority of federal courts in cases involving the controversial issues of…

This paper considers how acceptance of arguments for the rights of parents to choose their children's schools would affect the regulatory and fiscal policies that underlie the existing mixed public/private system. The paper first reviews the existing system, describing state and federal methods for providing financial assistance to private…

Student activity pages, teacher background information, and lesson ideas for teaching about law in social studies classrooms are presented. Lessons in this unit further develop ideas presented in the eighth grade packet and can be used to supplement a course in government. Section I provides suggestions for using community resource persons.…

Some critical questions provide a basis for developing policies appropriate in a given state. They include: (1) What is the state interest in independent higher education? (2) How should independent sector interests and participation be included in statewide planning for postsecondary education? (3) Should state support be extended to independent…

This amicus curiae was filed by the Educational Testing Service (ETS) in the case of the United States of America and South Carolina Education Association v. South Carolina, which involved the validity of South Carolina's use of the National Teacher Examinations (NTE). The NTE, a battery of achievement tests designed to measure the academic…

The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…

Mentally retarded individuals are often stigmatized and segregated, though constitutional guarantees in many countries promise them equality. Use of the U.S. court system to secure these guarantees, resulting in deinstitutionalization, individualization of services, and increased employment opportunities, is analyzed and contrasted with the…

The revolutionary changes in the relationship between students and their colleges and the role of court litigation in crystallizing or bringing about social, political, and educational change are discussed. (MSE)

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)

Applies some federal legislation and court opinions relative to citizenship and constitutional rights to Native American education policies and practices, particularly those affecting the Navajo. Contends that the Bureau of Indian Affairs policy of allowing school board members to serve only as advisors abridges the constitutional rights of Native…

Section 504 of the Rehabilitation Act of 1973 prohibits discrimination by any recipient of federal assistance on the basis of a person's handicap. Discussion centers on claiming protection under Section 504, a court case illustrating affirmative duty, and private right of action and standards for scrutinizing unequal treatment. (AF)

Sketches recent struggles over censorship and student publications, beginning with the Hazelwood School District v. Kuhlmeier case. Argues the flurry of litigation concerning First Amendment rights necessitates including these concerns in social studies courses. (CH)

Examines the general concept of judicial activism, then looks at three specific areas where charges of usurpation of policy-making power have been leveled at the courts: (1) racial desegregation; (2) due process for students; and (3) religion in public education. Concludes that judicial involvement in school policy occurs when explicit…