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One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
This book provides a comprehensive description of the federal government's relationship with higher education and how that relationship became so expansive and indispensable over time. Drawing from constitutional law, social science research, federal policy documents, and original interviews with key policy insiders, the author explores the U.S. government's role in regulating, financing, and otherwise influencing higher education. Natow analyzes how the government's role has evolved over time, the activities of specific governmental branches and agencies that affect higher education, the nature of the government's influence today, and prospects for the future of federal involvement in higher education. Chapters examine the politics and practices that shape policies affecting nondiscrimination and civil rights, student financial aid, educational quality and student success, campus crime, research and development, intellectual property, student privacy, and more. Book Features: Provides a contemporary and thorough understanding of how federal higher education policies are created, implemented, and influenced by federal and nonfederal policy actors. Situates higher education policy within the constitutional, political, and historical contexts of the federal government. Offers nuanced perspectives informed by insider information about what occurs behind the scenes in the federal higher education policy arena. Includes case studies illustrating the profound effects federal policy processes have on the everyday lives of college students, their families, institutions, and other higher education stakeholders.
The Higher Education Act of 1965 (HEA; P.L. 89-329) authorizes numerous federal aid programs that provide support to both individuals pursuing a postsecondary education and institutions of higher education (IHEs). Title IV of the HEA authorizes the federal government's major student aid programs, which are the primary source of direct federal support to students pursuing postsecondary education. Titles II, III, and V of the HEA provide institutional aid and support. Additionally, the HEA authorizes services and support for less-advantaged students (select Title IV programs), students pursing international education (Title VI), and students pursuing and institutions offering certain graduate and professional degrees (Title VII). Finally, the most recently added title (Title VIII) authorizes several other programs that support higher education. The HEA was last comprehensively reauthorized in 2008 by the Higher Education Opportunity Act of 2008 (HEOA; P.L. 110-315), which authorized most HEA programs through FY2014. Following the enactment of the HEAO, the HEA has been amended by numerous other laws, most notably the SAFRA Act, part of the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), which terminated the authority to make federal student loans through the Federal Family Education Loan (FFEL) program. Authorization of appropriations for many HEA programs expired at the end of FY2014 but has been extended through FY2015 under the General Education Provisions Act. This report provides a brief overview of the major provisions of the HEA.
Student aid in higher education has recently become a hot-button issue. Parents trying to pay for their children's education, college administrators competing for students, and even President Bill Clinton, whose recently proposed tax breaks for college would change sharply the federal government's financial commitment to higher education, have staked a claim in its resolution. In The Student Aid Game, Michael McPherson and Morton Owen Schapiro explain how both colleges and governments are struggling to cope with a rapidly changing marketplace, and show how sound policies can help preserve the strengths and remedy some emerging weaknesses of American higher education. McPherson and Schapiro offer a detailed look at how undergraduate education is financed in the United States, highlighting differences across sectors and for students of differing family backgrounds. They review the implications of recent financing trends for access to and choice of undergraduate college and gauge the implications of these national trends for the future of college opportunity. The authors examine how student aid fits into college budgets, how aid and pricing decisions are shaped by government higher education policies, and how competition has radically reshaped the way colleges think about the strategic role of student aid. Of particular interest is the issue of merit aid. McPherson and Schapiro consider the attractions and pitfalls of merit aid from the viewpoint of students, institutions, and society. The Student Aid Game concludes with an examination of policy options for both government and individual institutions. McPherson and Schapiro argue that the federal government needs to keep its attention focused on providing access to college for needy students, while colleges themselves need to constrain their search for strategic advantage by sticking to aid and admission policies they are willing to articulate and defend publicly.