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The U.S. Supreme Court last week declined to review a federal appellate ruling that upheld a decision by a private residential school for the handicapped to deny admission to a student with hepatitis.

In papers filed with the Court, student's lawyers asked the Justices to decide whether the precautions necessary to protect the school's employees and residents from the disease are "reasonable accommodations" consistent with the High Court's 1987 decision in School Board of Nassau County, Fla. v. Arline.

In that case, the Court ruled that Section 504 of the Rehabilitation Act of 1973 prohibited a school district from dismissing a teacher solely because she had tuberculosis.

In Kohl v. Woodhaven Learning Center (Case No. 89-240), a federal district court ruled that the same law required the residential school to admit the student with hepatitis.

The U.S. Court of Appeals for the Eighth Circuit, however, held that the precautions that would have been required to accommodate him were unduly burdensome and might not have been completely effective.

The appeals court also noted that the student's parents were satisfied with his current placement at a different facility, and that state officials no longer recommended placement at Woodhaven.

It also noted that because the new facility probably represents the ''least restrictive environment" for Mr. Kohl as required under federal special-education law, the case4could be declared moot.

Former Aide to Quayle Picked for E.D. Post

Betsy Brand, an aide to Vice President Dan Quayle when he served in the Senate, has been nominated to be assistant secretary for vocational and adult education, the White House announced last week.

Ms. Brand handled education and labor issues for then-Senator Quayle, and was staff director of the employment and productivity subcommittee for one year when the Republicans controlled the Senate.

Prior to her stint with Mr. Quayle, she served as an aide on the House postsecondary education subcommittee and in the office of Representative E. Thomas Coleman, Republican of Missouri.

Ms. Brand has been serving as acting director of adult education.


The Senate last week approved the nominations of Christopher T. Cross and Leonard L. Haynes 3rd for top posts in the Education Department.

Mr. Cross, currently vice chairman of Macro Systems, Inc., is slated to become assistant secretary for educational research and improvement.

He served as Republican staff director for the House Education and Labor Committee from 1972 to 1978, and was a deputy assistant secretary for legislation in the former Department of Health, Education, and Welfare.

Mr. Haynes, currently assistant superintendent of academic programs in the Louisiana education department, was confirmed for the post of assistant secretary for postsecondary education.

Mr. Haynes has also served as a professor and administrator in the Southern University System in Baton Rouge.


House and Senate conferees have agreed to create a grant program to help schools offset the costs of establishing a school-breakfast program.

The grant program would receive at least $3 million in fiscal 1990, and $5 million in each of the next four years.

Debate over the program was one of a handful of issues that had stalled final passage of a bill to extend the major federal child-nutrition programs through 1994.

The House adopted the amended version of the bill last week, and the Senate is expected to do the same.


A Senate committee has passed legislation to limit the amount of advertising allowed during children's television programming and encourage broadcasters to provide more educational programming.

The bill approved Oct. 5 by the Commerce, Science and Transportation Committee is similar to one passed by the Congress last year but vetoed by President Reagan. It would limit advertising on children's programs to 10.5 minutes an hour on weekends and 12 minutes on weekdays.

The bill also calls on broadcasters to air shows "specifically designed to serve the educational and informational needs of both preschool and school-aged children."

That provision is opposed by the broadcasting industry as an unconstitutional intrusion by the government into programming decisions. The bill also calls on the Federal Communications Commission to move faster on complaints over so-called "program-length commercials"--toy-oriented shows that critics say are designed to induce buying.

The committee delayed floor action in the Senate for 30 days to permit broadcasters to comment on the measure. That move represented a compromise between two earlier versions of the bill.

The panel also plans to schedule a hearing on an amendment offered by Senator John C. Danforth, Republican of Missouri, that would apply the measure's restrictions on commercials to shows offered by the cable industry.


The Education Department has published a booklet to give educators and parents a better understanding of how their school districts spend taxpayers' money.

"Making Sense of School Budgets" is a guide to understanding budget documents and the process through which they are commonly developed.

The booklet includes a section on how dissatisfied citizens can influence a district's budgetary policies.

It also, however, outlines constraints that school districts must operate under, advises readers to be practical and specific in their requests for change, and suggests that citizens use persuasion rather than confrontation to achieve their goals.

The booklet is available for $1.75 from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The stock number is 065-000-00382-1.

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