Examines the sources of legal policy challenged by critics of the Committee on the General Aptitude Test Battery report. Indicates solid legal precedent for "burden shifting" to the employer when employment practice adversely affects a protected class. Finds that critics attack what is simply a description of established social policy.…

To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1)…

The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems…

A review of case law on the constitutionality of state school finance provisions on equal protection and equal adequacy grounds is provided. Protracted rounds of litigation over the years in several states and a rash of recent suits reveal that this issue remains lively and contentious. (TJH)

Employs the case study approach to show how the Reagan Administration's assault on environmental policies more adversely affects blacks and other minority groups than whites. Reviews recent research that shows minorities heavily concentrated in dangerous occupations and communities where the risk of exposure to toxic pollutants is greatest. (JS)

This publication provides a summary of relevant federal laws concerning the legal rights and benefits available to persons with disabilities. Relevant laws are divided into general subject areas, including education, employment, health, housing, income maintenance, nutrition, civil rights, social services, transportation, and vocational…

Bakke's equal protection holding is analyzed and an assessment is offered of what the decisions mean for academic special admissions programs. Discussion focuses on how race may be used as a factor in admissions decisions consistently with the equal protection clause of the Federal Constitution. (Author/MSE)

Reviews actions of the 102nd Congress of particular interest to African Americans, including the (1) Domestic Marshall Plan House Resolution; (2) Unemployment Benefits extension; (3) Job Training Partnership Act; (4) Workplace Fairness Act; (5) Family and Medical Leave Act; and (6) Civil Rights Act of 1991. (SLD)

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--discusses high-stakes testing. Specifically, it examines the high-stakes testing program in Chicago public schools, a grade-promotion policy that uses a standardized test as the primary basis for promotion. Although…

This document summarizes a report on the health status of minority groups in Michigan. Mortality rates and health problems are analyzed for the following groups: (1) Blacks; (2) Hispanics: (3) Arab Americans; (4) Asian and Pacific Islanders; and (5) Native Americans. The following problem areas are discussed: (1) nutrition and hunger; (2)…

This paper provides a basic overview of the employment provisions of the Americans with Disabilities Act of 1990 (ADA), which mandates equal access, protection, and opportunity for persons with disabilities in four major areas: employment, telecommunication, transportation, and public services and accommodations. It notes that the employment…

Factors affecting the acceptance by the courts of teacher employment policies involving competency testing are examined in this report. Policies in 55 states and territories are considered, and the wide variations among the policies and court interpretations of them are noted. Particular attention is paid to constitutional provisions regarding…

A review of faculty-related court decisions in the areas of status, compensation, and unit determination points out legal rights of part-time and full-time faculty in higher education. These rights have been tested and defined by many court cases. Litigation has occurred about the difference between part-time and full-time faculty. In regard to…

Based on Commission public hearings held in 1977 through 1979 and on research conducted since 1977, this report examines state, federal, and tribal governments' role in major conflicts concerning fishing rights, reservation criminal law enforcement, and Eastern Indian land claims existing between Indian tribes and non-Indians. Chapter 1 discusses…