ERIC Number: ED208576
Record Type: Non-Journal
Publication Date: 1981-Jul
Reference Count: N/A
Regulating Business, Regulating Schools: The Problem of Regulatory Unreasonableness.
Kagan, Robert A.
In recent years, according to the author, an outpouring of federal and state laws and judicial rulings has led educators to feel that they are subjected to unreasonable regulation. To examine the possible causes and cures of this feeling of regulatory intrusiveness, the author compares the regulation of business with the regulation of education. In discussing each field, the author covers, first, overinclusive regulations, legalistic enforcement, costly compliance measures, and other factors that he considers make regulatory programs both unreasonable and ineffective. Next the paper describes strategies of regulatory reform--especially flexible enforcement--that might curtail regulatory unreasonableness. Finally, the obstacles to flexible enforcement are analyzed, including enforcement officials' fear of scandal, their disapproval of nonuniform treatment, and their imperviousness to arguments based on regulatory costs. (Author/RW)
Descriptors: Business, Compliance (Legal), Costs, Education, Elementary Secondary Education, Federal Regulation, Government School Relationship, Legal Responsibility
Institute for Research on Educational Finance and Governance, CERAS Bldg., Stanford University, Stanford, CA 94305 ($1.00).
Publication Type: Opinion Papers
Education Level: N/A
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: Stanford Univ., CA. Inst. for Research on Educational Finance and Governance.