This article is concerned with the constitutional guarantee of equal educational opportunity and describes the federal statutes that form the core of a growing body of civil rights legislation on behalf of handicapped people's rights to appropriate and equal education. Available from Idaho Law Review, College of Law, University of Idaho, Moscow,…

Considers the utility of the due process clause as a basis for challenging policies of educational finance that result in variations in per pupil revenues. (WD)

This examination of the trends in education of the handicapped may seem to indicate that education of the handicapped is now ensured and certain to be appropriate. However, even Public Law 94-142 has inadequacies. It is likely that further legislation and litigation are on the horizon. (Author/IRT)

Office of Education regulations upon which "need" analysis for federal student financial aid subsidies is based are presented and analyzed and the legal issues discussed. It is concluded that legal analysis tends to support the constitutionality of the guidelines. Recommendations are made that would provide flexibility within the guidelines. (JT)

Of the 2 million children suspended from school each year, a disproportionate number are minority youth who, although they make up only 5 percent of the school population, comprise 40 percent of all suspensions and expulsions. The United States Supreme Court has issued several rulings to protect students from arbitrary and capricious imposition of…

Three areas of court litigation pose challenges to the administration of higher education. First, developments in equal protection and related areas promise reassessment of the distribution of educational finances. Both federal and state court cases suggest a shift from a requirement of equal educational opportunity to equal educational effects.…

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

Constitutional issues addressed in the Supreme Court's decision are reviewed. The opinions rendered by Justice Powell are viewed as reflections of the weakness of recent equal protection theory, and as signs of future doctrine. (GC)

The nature of the interests in education that are protected by the Constitution may be ascertained by reference to certain due process and equal protection decisions of the Supreme Court reviewed in this paper. Although education is not a right granted by the Constitution, the Court has often recognized the importance of education, both to the…

These conference proceedings explore three major themes on student rights and responsibilities in public secondary schools, with the stated intent of facilitating progress toward an integrated school environment in which each student is (1) encouraged by a multiracial staff to participate fully, and (2) made to feel welcome as an equal member of…

The purpose of this paper is to examine, from a Constitutional perspective, the bases on which ability grouping and tracking might be challenged as barriers to equal educational opportunity. Findings from educational research on ability grouping, commentary from law review journals, and the texts of cases themselves are included as a part of the…

This book, the official meeting transcript, contains papers that analyze current problems and suggest future trends. Two education professors and an attorney discuss and analyze the Swann vs Mecklenburg school desegregation case. Another attorney, through a discussion of Serrano vs Priest, takes a look into the future of equal protection cases in…

This serial issue concerns itself with several conflicts between individual rights and allegedly wrongful acts that the Supreme Court has not considered previously. The articles on these topics illuminate the constitutional issues of equal protection, due process, and freedom of expression. Specific issues addressed include: (1) equal educational…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, and booster organizations at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural participation. The cases are discussed in the following sections: (1)…

This chapter includes all cases involving student-athletes, coaches, athletic directors, athletic associations, booster organizations, sports programs and events, and sports facilities and equipment at both the K-12 and higher education levels. However, no case law is discussed that pertains to physical education instruction or intramural…