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Handbook for Student Law for Higher Education Administrators


James Ottavio Castagnera

The Handbook for Student Law for Higher Education Administrators is a practical tool, intended for administrators dealing with students in higher education, focusing principally on four-year institutions. Addressing the ever-developing relationship between higher education and the law, the book will provide the academic administrator with the means to knowledgably and confidently navigate the many legal threats and challenges facing colleges today. Using examples from real cases and scenarios from different institutions, the handbook provides sample policies, checklists, and advice that administrators can apply to a wide variety of situations, both preventatively and proactively. Also included are relevant 2008-09 amendments to the Americans with Disabilities Act and the Federal Educational Rights and Privacy Act, and each chapter includes a section on the impact of the Higher Education Opportunities Act of 2008. The Handbook for Student Law for Higher Education Administrators is a compendium of practical knowledge and guidance, useful for any administrator dealing with the legal minefield that is higher education.


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Introduction: The Social and Legal Environment of Student Administration 1


INTRODUCTION The Social and Legal Environment of Student Administration Origins of the American System of Higher Education Four distinct epochs or waves can b e discerned in th e history of h igher educa- tion: In the 85 years between the Declaration of Independence and the Civil War, some 800 l iberal arts c olleges spra ng up across t he United Stat es. A typic al example is Franklin & Marshall College, which owes half its name to a modest amount of seed money donated by the great Benjamin Franklin in 1787. Another example is Case Western Reserve University, today a Research-One institution, which first s aw the l ight of l earning as Wester n Reserve Aca demy. “T he undergraduate col lege took…the essential step necessary for a broad educat ion for general citizenship….These institutions were of a size and scale that could be created by a group of pri vate individuals—not requiring great fortunes or sta te support” (Cox 2000, p. 14). The end of the Civil War until the turn of the last century was the era of the great land-grant institutions. This expansion of higher education led to the first shakeout. “By 1900, only 180 of those first 800 small colleges remained active; larger, subsidized st ate uni versities consumed marke t share by offering more educational servic es, subsi dized prices, and ofte n m ore pragm atic and care er- oriented curricula” (Cox 2000, p. 14). Around the t urn...

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