The Departments of Education and Justice are responsible for enforcing certain federal civil rights laws that prohibit discrimination in K-12 schools based on characteristics such as race, sex, and disability, including regarding police interactions with students. The House committee report for the Departments of Labor, Health and Human Services,…

National reports have raised concerns about the physical accessibility of public school facilities for people with disabilities. These facilities serve important roles as schools, voting locations, and emergency shelters, among other things. The Government Accountability Office (GAO) was asked to examine the physical accessibility of public school…

Federal data show that many girls are struggling across almost all measures of well-being--including substance use, experiences of violence, mental health, and suicidal thoughts and behaviors. Girls' well-being can be affected by their experiences in public schools, and the detrimental effects of removing students from the classroom for discipline…

This document records testimony from a hearing before the Subcommittee on Civil Rights and Human Services, part of the Committee on Education and Labor to hear testimony on the Equality Act, H.R. 5, ensuring the right to learn and work free from discrimination. Member statements were presented by: (1) Honorable Suzanne Bonamici, Chairwoman,…

The roundtable discussion transcribed in this report focuses on how students with disabilities are accessing and succeeding in post-secondary education. It marks the sixth in a series to examine issues the Committee on Health, Education, Labor, and Pensions plans to address in the upcoming reauthorization of the Higher Education Act. Statements…

Forty years ago, the Supreme Court of the United States determined that in order for public schools to comply with their legal obligations under Title VI of the Civil Rights Act of 1964 (Title VI), they must take affirmative steps to ensure that students with limited English proficiency (LEP) can meaningfully participate in their educational…

This hearing of the Committee on Health, Education, Labor, and Pensions examines creating positive learning environments for all students beyond seclusion and restraint. Following an opening statement by Honorable Tom Harkin (Chairman, Committee on Health, Education, Labor, and Pensions) and Honorable Johnny Isakson (U.S. Senator from the State of…

The purpose of this policy statement is to support early childhood programs and States by providing recommendations that promote the development and learning of young children, birth to age five, who are dual language learners (DLLs). The statement also provides support to tribal communities in their language revitalization efforts within tribal…

Although the overall number of youth involved in the juvenile justice system has been decreasing, there are still more than 60,000 young people in juvenile justice residential facilities in the United States on any given day. With the support of grants administered by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ),…

This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources…

This paper discusses four major Supreme Court decisions that address the issue of which party has the burden of proof in civil rights cases. Two of the 1977 cases involve the application of the First or Fourteenth Amendments, and two are pattern or practice cases brought pursuant to Title VII of the Civil Rights Act of 1964. The controlling issue…

The nondiscrimination principle is process-oriented, and proof of its violation must focus on the process and criteria of decision making--i.e., intent either to discriminate or to disadvantage based on race. Civil rights laws should allow defendants to show good faith as a claim against illegal discrimination. (KH)

Maryland has passed legislation requiring school districts to structure their purchasing procedures to attempt to reach a goal of purchasing at least 10 percent of the dollar value of goods and/or services from minority enterprises when funds are provided through the Public School Construction Program (PSCP). (Author/MLF)

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

In examining the proper role of arbitration and arbitrators, the author reviews the status of public laws in private contracts, the response of the arbitrator to the new mix, and the response of both courts and administrative agencies to arbitrators. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati,…