The paper aims to analyse how pupils' equal educational opportunities are warranted. We focus on how regulations of adapted education and the right to special needs education provide school leaders' and teachers' room for discretionary decision-making, how it is interpreted and how discretionary power is justified. The paper draws on findings from…

This study examined the perspectives of home school families regarding the rights, interests, and responsibilities of family and state over education. These families viewed the common good differently than critics of home schooling. They believed the diversity of curriculum and worldview in their home schools positively impacts the common good by…

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…

This hearing is the first in a series convened by the Committee on Education and the Workforce to examine federal rules and regulations that undermine the strength of the nation's education system. The House has charged this committee to look at rules and regulations within the jurisdiction that may hinder job creation and economic growth. This…

Discusses a recent Fourth Circuit Court of Appeals decision that when individuals are allowed to try out for or join a team participating in a contact sport and operated for members of the other sex, then discrimination against because of their sex is prohibited by Title IX. (22 footnotes) (MLF)

This publication by the U.S. Department of Education is an unofficial version of the Department's General Administrative Regulations. The volume incorporates final regulations that the Department published too late to appear in the official July 1, 1998, version of Title 34 of the Code of Federal Regulations issued by the Office of the Federal…

Exposure to asbestos in the air poses serious health threats, particularly to children. The use of asbestos in schools after World War II may have exposed millions of persons before regulations controlling asbestos use began appearing in the 1970s. Federal efforts to reduce exposure to asbestos have included passage of the Asbestos School Hazard…

Explores the residential placement provision of the regulations accompanying the Education for All Handicapped Children Act. Describes federal court interpretations, analyzing the criteria for distinguishing a special education residential placement from a noneducational residential placement. Suggests that courts should construe the residential…

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)

Colleges and universities face a wide range of environmental risk. In spite of this, with proper planning, they can avoid emergencies or surprises. Advanced planning, coupled with strategic, technical environmental and legal advice, enable higher-education institutions to keep their environmental budgets under control and predictable. This article…

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…

Public Law 94-142, the Education for All Handicapped Children Act, defines "handicapped children," specifies the criteria that must be met before children are eligible for special education, and identifies the "related services" that handicapped children may be eligible to receive. Section 504 of the Rehabilitation Act…

Explains the upsurge of litigation in special education based on Section 504 of the Rehabilitation Act of 1973. Advises school districts to review policies and procedures with local counsel; keep up to date with regard to Section 504; and provide extra training for special education administrators. (MLF)

Discusses violations of federal law by school districts with respect to their treatment of students with diabetes. Details requirements by which school districts must abide by and federal procedural safeguards. Presents a model program to assure students with diabetes a right to a nondiscriminatory education. Addresses the issue of liability. (207…