The Supreme Court decision in "Smith II" found two Native Americans, discharged from their jobs for using peyote as part of the sacramental service in their Native American Church, ineligible for unemployment compensation benefits. Examines how the decision has had an immediate and profound effect on judicial interpretation of free…

Promoters of the Fiesta Football Bowl offered the universities of Alabama and Louisville $400,000 each to fund minority-exclusive scholarships. The Department of Education declared minority-exclusive scholarships illegal. Documents the historically uneasy relationship between race-based scholarships and Title VI of the Civil Rights Act of 1964.…

Title IX prohibits sex discrimination in educational institutions receiving any federal funds. Until 1988, college athletics were exempt from compliance. Examines the results of some recent court cases to see how the law was interpreted and concludes what schools should do to be proactive in the struggle for gender equity in collegiate sports. (72…

Reviews legal and practical aspects of a university's potential liability for fraud, waste, and abuse. Discusses the array of criminal, civil, and administrative sanctions that may be imposed on grantees who engage in fraudulent practices. (84 references) (MLF)

Highlights the intellectual-property issues that will confront telecommunications networks, participating universities, and other programming contributors who produce and distribute educational programming via telecommunications. Suggests measures that can help shield these entities from copyright liability. (MLF)

Considers the demands the National Information Infrastructure will place on United States copyright law. Briefly reviews current copyright laws, then summarizes those areas that will be subject to the closest scrutiny in the process of adapting these laws to the future of telecommunications. (MLF)

Presents a 35-item checklist of practical activities for school district compliance with the Americans with Disabilities Act (ADA). The checklist is based on ADA statutes, other civil rights legislation and litigation, as well as pertinent regulations and the legislative history of the act contained in the Congressional Record. (MLF)

Records of administrative hearings and court cases involving the expulsion of disabled students characteristically discuss the "Relationship Test" that generally inquires whether or not a misbehavior is related to--or is a manifestation of--a student's disability. Traces the source of the Relationship Test, discusses issues arising from…

Thirty-eight years have elapsed since the "Brown" decision outlawing public school segregation. Part 1 reveals three clearly identifiable periods of judicial development. Part 2 treats unanswered questions and attitudes of school officials pre-"Dowell." Part 3 examines the post-"Dowell" period to the present and…

The Supreme Court in "Zobrest" identified a variety of factors that rendered constitutionally acceptable the provision of a publicly paid sign-language interpreter in a parochial school. In "K.R." the judge upheld provision of a publicly paid instructional assistant in a parochial school. Analyzes the case and its implications…

The Americans with Disabilities Act (ADA) effectively extends the protection of section 504 of the Rehabilitation Act to individuals with disabilities throughout society. Some lawsuits brought by public employees have alleged discrimination under both section 504 and ADA. (49 footnotes) (MLF)

The Family and Medical Leave Act (FMLA) applies new federally mandated employee leave provisions to institutions. Schools must formulate leave policies, communicate them to all staff, and document all FMLA-related actions. Offers a guide to planning and implementing FMLA leave. (MLF)

A number of school attorneys claim that some of the Office for Civil Rights rules exceed statutory authority and impermissibly require "affirmative action" by school districts for certain students with disabilities. Explains that this is a technical legal issue and states why this controversy exists. (MLF)

Colleges and universities must be aware of the Americans with Disabilities Act and the consequences of noncompliance. However, the legislation is so new that colleges and universities are forced to rely on interpretations of similar laws. Discusses the terms "qualified individual,""disability," and "reasonable…

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate students with disabilities in the least restrictive environment (LRE). The IDEA does not require mainstreaming in all cases; however, in several recent cases, courts began to tip the scales in favor of inclusive programming for these students. Reviews cases…