Oversight Hearing on Congressional Disapproval of Education Regulations. Hearing Before the Subcommittee on Elementary, Secondary, and Vocational Education of the Committee on Education and Labor, House of Representatives, Ninety-Sixth Congress, Second Session (Sept. 18, 1980).

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Constitutional Law; Court Litigation; Federal Government; Federal Regulation; Federal State Relationship; Governmental Structure

This document presents the transcript of the September 18, 1980, oversight hearing of the Subcommittee on Elementary, Secondary, and Vocational Education of the House Committee on Education and Labor regarding section 431 of the General Education Provisions Act, which gives Congress the authority to disapprove U.S. Department of Education regulations if they are found inconsistent with the authorizing statute. Earlier in 1980, Congress disapproved regulations on the arts in education, law-related education, the Education Appeal Board, and Title IV of the Elementary and Secondary Education Act governing grants for school equipment. In six verbal presentations, ten printed statements, and numerous exchanges, witnesses and Committee members discussed the constitutionality of section 431 and the particulars of the four programs in question. Among the witnesses were U.S. Secretary of Education Shirley M. Hufstedler and Assistant Attorney General John M. Harmon, who argued against section 431's constitutionality, and Georgia Representative Elliott H. Levitas, two officials of the Kentucky State Department of Education, and two lawyers for Congress, who argued for the section's constitutionality. (RW)

1981

ED202168