This document records testimony from a hearing held to examine the implementation of the promise to restore state and local control over K-12 education through the Every Student Succeeds Act. The passage of the Every Student Succeeds Act puts states and school districts back in charge of education and includes more than 50 pages of provisions to…

In 2012, the Senate Committee on Health, Education, Labor, and Pensions launched a series of hearings to examine the challenge of college affordability. In the first three hearings, the Committee heard from the administration, from both traditional and online universities and community colleges, from State officials, higher education associations,…

This paper discusses the problems of a school board attorney in the San Diego school district. Two problems are identified and discussed: the separation of legal determinations from policy determinations and the identification of the client in a particular situation. The paper concludes that the relationship between the board and the…

Using Goss v. Lopez as an example, this paper discusses how a Supreme Court decision impacts at three different levels: the extent of compliance with a decision, the direct effects of a decision, and--of greater importance--the unintended consequences. The latter occur, for example, when school districts engage attorneys where they had none…

This paper discusses Public Law 94-142, which guarantees a free and appropriate public education for all handicapped children, and its implications for nonhandicapped students. The controversial provisions of the statute and reactions they have generated in the field are discussed in detail. Finally, the paper explores some potential implications…

This paper examines the developing concept of educational malpractice since the mid-1970s. It discusses the aftermath of Peter Doe v. San Francisco Unified School District, a case in which the court found against the student's claim that his school had failed to provide him with an adequate education. Two approaches are now being taken to define…

This book is a collection of 19 addresses made at the 1978 annual convention of the National Organization on Legal Problems of Education (NOLPE). Some of the topics covered include: suits against school officials, Title IX, competency testing, teaching moral and spiritual values in public schools, the Bakke decision, unintended impacts of Supreme…

This paper presents an indepth analysis of Craig v. Alabama State University (ASU), a lawsuit involving charges of reverse discrimination in employment against a historical black college. The plaintiff, who felt that the nonrenewal of his contract was due to his race, won his suit against ASU for himself and all other whites similarly situated.…

This paper looks at recent court litigation stemming from reduction in teaching force in school districts. First it discusses those cases in which constitutional questions were raised, including charges of racial discrimination and infringement of both procedural and substantive rights. Next it looks at statutory issues where most of the…

This paper discusses the law as it applies to private colleges as distinct from public institutions. First, it analyzes how private colleges and universities may be held to the constitutional standards of public institutions if they are engaged in state action or, in other words, in activities closely involved with a public function or purpose.…

This paper discusses how charges of malpractice affect educational policy. It details the case of Peter W. v. San Francisco Unified School District, a precedent-setting case that began a chain of litigation concerning alleged educational malpractice. The paper also discusses cause of action in malpractice, legal and statutory standards of conduct,…

This paper concerns the legal aspects of teacher evaluation and how it remains largely a matter of state control. It discusses federal overlays and state law and then summarizes case law relating to teacher evaluation. The paper concludes that while teacher evaluation is basically a state matter, the overlay of federally protected rights and the…

This paper focuses on the duty of employers to make religious accommodations for employees. First it examines the First Amendment. Then it discusses major Supreme Court decisions from industry and education in the context of the 1964 Civil Rights Act and 1972 Amendment. One important case--Trans World Airlines Inc. v. Hardison--ruled in favor of…

This paper discusses the Supreme Court's treatment of the issues in Bakke v. Regents of University of California and its implications for admissions programs. Bakke raised two basic issues in his reverse discrimination suit. First, he argued that Davis's medical school admission program was illegal under Title VI. Second, he claimed…

This paper analyzes two parts of the First Amendment, the establishment and free exercise clauses, and discusses related court cases. The establishment clause prohibits the fusion of governmental and religious functions or the dependency of one on the other. The free exercise clause guarantees every person the freedom to choose his or her own…