The guide is designed to help regular education teachers understand P.L. 94-142, The Education for All Handicapped Children Act. Information is organized around three major topic areas: (1) the background and major provisions of the law and regulations (including least restrictive environment, evaluation/placement, individualized education…

The purpose of this paper is to discuss whether affirmative action plans for public schools and institutions of higher education can be justified under the compelling interest clause of the Fourteenth Amendment. Part 1 of the paper provides an historical as well as legal chronology of affirmative action in the U.S. Part 2 takes an analytical look…

In another criticism of Iorio's article, the author outlines how the "Yeshiva issue" has thrown up a smoke screen and covered the larger agenda to stall governance reforms in public schools. (MD)

The guide is intended to help clarify P.L. 94-142, The Education for All Handicapped Children Act, and its implementing regulations for special educators. Information is organized in three major sections: (1) background and purpose of the law and regulations (including reviews of such major provisions as free appropriate public education, least…

Concerns that classroom teachers may have regarding the effect of Public Law 94-142 (Education for All Handicapped Children Act) on their responsibilities and their jobs are addressed. Answers are provided to 12 commonly asked questions about the meaning of various terms used in the law, the definition of handicapped student, aspects of…

Discusses Title VII of the Civil Rights Act of 1964 and the proposed Employment Non-Discrimination Act in terms of their potential legal remedies for victims of sexual-orientation discrimination. Examines several relevant federal appellate and Supreme Court decisions and the role of homosexual teachers. (PKP)

The Supreme Court decision in National Labor Relations Board (NLRB) v. Yeshiva University is discussed, along with a test for determining "managerial employees." In this case, the court held that full-time faculty at nonprofit, private, higher education institutions are managerial employees, where their recommendations are normally…

This document presents the transcript of Congressional hearings to gather information as to why children cannot read. Current federal programs were reviewed as well. After opening statements of the Hon. Bill Goodling and the Hon. Tim Roemer, the transcript for the hearing held on July 10, 1997 on why children cannot read includes the texts of oral…

Previous faculty National Labor Relations Board status decisions are analyzed to discern the rationale behind the U.S. Supreme Court's refusal to follow prior holdings of the Board. The Board can now either set a procedure for determining faculty status or declare faculty protected, forcing Congress to address the issue directly. (MSE)

Dismissal of a pregnant unwed teacher is legal only if there is a nondiscriminatory reason for dismissing her other than her pregnancy or if there is a legitimate business necessity for dismissing her that is connected to her job performance. (MLF)

By excluding all private college faculty from collective bargaining under the National Labor Relations Act, the Supreme Court has demonstrated a misunderstanding of the genuine need of faculty to participate in bargaining and should have shown more restraint before substituting its judgment for that of the NLRB. (MSE)

Discusses the "Yeshiva issue" from a management perspective critiquing Iorio's article and his assumption that the decision would serve as a "moderating influence." Points to the need for schools to increase teacher decision-making participation while ensuring a continuation of teachers' unions in collective bargaining. (MD)

Viewed from the perspective of administrative law, labor law, or just higher education, the Yeshiva decision does not make sense. It would be appropriate in future litigation to compel the court to do what it refused to do here, that is to address the extent to which the industrial analogy applies to colleges and universities. (MSE)

By acknowledging a specific setting, as at Yeshiva University, where faculty are legally considered managerial, the court lays a foundation on which private colleges may attempt to build, by trying to fit the "mature" governing structure outlined in the court decision. Journal available from the School of Law, Washburn University,…

To preserve and perpetuate the ideals and principles of American democracy it is essential that they be understood. This publication, based upon research, brings to the school administrator, the teacher, or the layman an opportunity to further understand these ideals and principles. It presents a concise analysis and compilation of State laws…