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20 J.L. & Educ. 246 (1991)
Law Review Digests

handle is hein.journals/jle20 and id is 258 raw text is: Law Review Digests College athletes should be afforded constitutional due process before be- ing deprived of their athletic eligibility. In order for a student-athlete to maintain a claim of deprivation of due process, he must show that the deprivation was committed by a person or organization acting under color of state law. In National Collegiate Athletic Association v. Tarkanian, 488 U.S. 179 (1988), the court held that the NCAA was not a state actor for the purpose of bringing a due process claim. The effect of this decision was that student-athletes will almost always be refused judicial review of their claims when the NCAA revokes their eligibility. The author ad- vocates judicial review on the theory that the athletes are being deprived of a property interest. Sahl, College Athletes and Due Process Protection: What's Left After National Collegiate Association v. Tarkanian, 488 U.S. 179 (1988), 21 Amiz. L. REv. 621 (1989). The recent Supreme Court decision in Kadrmas v. Dickinson Public School District is a retreat from the commitment of equal educational op- portunity. This article examines a 1988 Supreme Court decision which held that a public school transportation fee policy did not violate the equal protection clause of the fourteenth amendment. The policy at issue re- quired public school students to pay a fee for transportation to and from school which the parents of the student in this case were unable to pay. According to the author, the decision was basically sound. Because educa- tion is not a fundamental right guaranteed by the Constitution, statutes that discriminate on the basis of wealth alone have not been considered unconstitutional. The author does, however, challenge the way in which the Court framed the issue in the case. Under the majority's analysis, the statute at issue needed to satisfy only the minimal scrutiny level of review. Such facile analysis was inadequate in light of the facts presented. The statute compelled a family that lived sixteen miles from school to pay a fee to have their child transported to school. The author points out the dif- ficulty in discerning the Court's position that such a fee is not identical in practical effect to placing a fee directly on education. Ultimately, by plac- ing a heavier burden on a family that could not afford to pay, the statute discriminated against an indigent by denying access to public educational facilities. The author concludes that the ruling was in effect, a proclama- tion that a student is not denied access to education when he or she cannot afford to reach the schoolhouse gate. Burke, Constituional Law - Equal

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