ERIC Number: ED340318
Record Type: Non-Journal
Publication Date: 1991-Dec-4
Reference Count: N/A
The Fiesta Bowl Fiasco: Department of Education's Attempt To Ban Minority Scholarships. Eighth Report by the Committee on Government Operations, Together with Dissenting Views, 102d Congress, 1st Session.
Congress of the U. S., Washington, DC. House Committee on Government Operations.
This is the eighth report by the Committee on Government Operations in the aftermath of the U.S. Department of Education's (DOE's) December 1990 attempt to ban race-specific scholarships, now called the Fiesta Bowl Fiasco. Based on a study by the Human Resources and Intergovernmental Relations Subcommittee, this report finds the following: (1) race-specific scholarships are legal when used in conjunction with voluntary or involuntary affirmative action as encouraged and affirmed by the Congress and the judiciary; (2) the December 1990 ban on race-specific scholarships was drafted secretly, without the opportunity for public comment, in violation of the Administrative Procedure Act; (3) despite the dubious legal basis of the ban on race-specific scholarships, the Office for Civil Rights (OCR) has begun investigations of schools that use race-specific financial aid in their affirmative action programs. The report recommends that DOE should continue to uphold the legality of race-specific scholarships as an affirmative action tool and that OCR should develop an initiative aimed at stronger enforcement. Included are two dissenting views, one submitted by Representatives Craig Thomas, Frank Horton, and Al McCandless and the other by Representative William H. Zeliff, Jr. (JB)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: Congress of the U. S., Washington, DC. House Committee on Government Operations.