ASSIGNMENT
The State Education Department of Jay (an imaginary 51st state) requires any person who wishes to teach in its public schools to have earned an M.E. degree (Master of Education) from a classroom-based program, pursuant to a regulation it adopted last year, which superseded its previous practice of individual reviews leading to approval for some teachers whose degrees were awarded by online programs. The Jay State Legislature enacted a statute requiring any licensing decision to be treated as a contested case, as well as the 2010 MSAPA. Article 4 of MSAPA requires agencies to provide evidentiary hearings to persons wishing to challenge their decisions in contested cases. Arthur took all his required coursework in person at Hamilton State Teachers College. His mother’s serious illness required him to move back to Jay State suddenly and he used up all his savings, so he was unable to pay required fees by the Teachers College deadline, and lost the opportunity to obtain his degree. However, Jay State’s Extension College, which is primarily an online program allowed him, for a nominal fee, to transfer his credits there and thus to earn an M.E. degree from them on that basis. Does Arthur have a right to a hearing to challenge the Jay Education Department’s decision to deny him teaching certification as its rule precluded certification based on an online program? Why or why not? Would the result be any different had the federal APA applied? Why or why not? (minimum 500 words)
Question/Text Reference: Administrative Law: The Sources and Limits of Government Agency Power, Feldman, Daniel L., Sage Publishing (2016)
Chapter 15 discusses federal grants-in-aid to state governments. Discuss what they are and provide examples. Also, answer the following questions:
* Are block grants feasible instruments for reforming federal grants-in-aid through consolidation, deregulation, and devolution?
* What criteria should be used?
* What does the record show about the trade-off of fewer federal dollars for greater recipient flexibility and discretion?
