In the "Higher Education Opportunity Act" of 2008, Congress charged the Advisory Committee on Student Financial Assistance with conducting a review and analysis of regulations affecting higher education, to determine the extent to which regulations are overly burdensome and need to be streamlined, improved, or eliminated. Specifically,…

Like most issues in higher education, the accreditation paradigm in the United States is defined in large measure by the legal and political climate in which the academy finds itself. In the case of accreditation in particular, the legal substrate is of particular importance given the central role of accreditation in a college's ability to receive…

A sampling of court cases illustrates situations in which the courts have extended the Reasonable Accommodation Standard into educational programming decisions. Addresses four topics: (1) admission, eligibility for services; (2) provision of supportive services; (3) program standards; and (4) behavioral standards. (59 footnotes) (MLF)

This article explores the role of law in shaping the growth of private education, as a part of educational reforms in response to social change in the People's Republic of China (PRC) after the 1980s. This paper argues that law acts as a new social game rule, one used by the state to govern, regulate and promote new relations and interactions…

This manual was addressed to all Regional Directors, Education Branch Chiefs, Regional Attorneys, and Elementary and Secondary Education Division Staff of the Office of Civil Rights. Those concerned are directed to follow the manual in the conduct of Title IX or joint Title IX-Title VI/ESAA reviews, as well as in complaint investigations. Although…

This volume addresses issues surrounding the regulation and legalization of public education. The introduction, "The Fourth R: Reading, Writing, 'Rithmetic--and Rules" (David L. Kirp), is followed by essays organized in two parts. Part 1, "Regulation and Education," contains the following: "Before Legalism: The New Deal…

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…

The comprehensiveness and specificity of the Education for All Handicapped Children Act (Public Law 94-142) and Section 504 of the Vocational Rehabilitation Act, and the detailed regulations that accompany them, might seem to foreclose any opportunity for states to develop and follow their own policies. However, reports from chief state school…

The land-grant colleges and universities in the United States are the result of a partnership of the States and the Federal Government. They represent an effort to provide a type of higher education within the reach of, and adapted to the needs of, the agricultural and industrial people of this country. They have played a very important part in…