To provide a comparative perspective on the legalization of education, the author analyzes the role of the West German Federal Constitutional Court in shaping educational policy. He identifies two constitutional norms the court uses to interpret the relationship between education and the state: equal protection and the legitimacy of educational…

The report contains factual material pertaining to the financing of Ohio public elementary and secondary education. It reviews court decisions relating the equal protection provisions of the U.S. and state constitutions to public school finance, and identifies a legal standard formulated by several courts. It reviews three methods Ohio might…

Problems caused by the tax law and Department of the Treasury regulations related to the income exclusion for scholarships and fellowships and the deduction of job-related educational expenses were studied. Legislative changes that may reduce the amount of controversy generated by these two sections of the Internal Revenue Code are recommended. A…

During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups…

In order to assess the quality of justice available to Native Americans in Burleigh County, North Dakota, investigations were conducted from June 1976 through April 1978 with an informal fact finding meeting as well as interviews with approximately 85 persons in Burleigh County and throughout the state. The 1970 census lists Native Americans…

The status of judicial theory regarding private responsibility for granting procedural due process, and the extent to which policies in New England's private postsecondary institutions adhered to judicial requirements for due process in nontenured faculty terminations were studied. A review of the literature, research methodology, and definition…

A discussion of the limited meaning of test scores, testing as an invasion of privacy, the abuse of test scores as confidential information and privileged communication, recording and storing of test results, access to test scores, and the demand for accountability forms the basis for recommendations for the release of individual and group test…

Traditionally, local school boards have had the power to assign students to classes and to set standards for promotion and graduation; with this authority has gone the discretion to decide what role pupil testing will play in the local schools. Courts have been reluctant to interfere with school board decisions on methodology, of which they…

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…

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, but does not include case law involving physical education or intramural participation. Sections discuss…

At the 1977 Educational Testing Service (ETS) Invitational Conference, the ETS Measurement Award was presented to Anne Anastasi. In view of the convergence of measurement and the law, the conference focused on six related issues. Barbara Lerner explored the screening procedures of American professional and graduate schools in "Equal…