Fairfax, Jean (1991). A Perspective on the Continuing Struggle for Equity. This publication contains a speech on the continuing struggle for equity in education for African Americans presented to the Southern Education Foundation (SEF) by Jean Fairfax when she received the John A. Griffin Award for Advancing Equity in Education. In the speech, Fairfax addressed disagreements within the black community over educational issues that have accelerated in scope, intensity, and anger since the 1960s. Covered are disagreements over integration implementation methods, the Atlanta (Georgia) school court case, the "Adams v. Richardson" suit of 1970; and the impact of the suit on traditionally black public colleges. In particular, the Adams experience is described as a possible model for confronting issues in the future as it was a conflict around which pragmatic, workable consensus developed. The future demographic diversity of the United States is described, and consequent educational issues are predicted, including multiculturalism, conflict among…

Flicker, Barbara, Ed. (1990). Justice and School Systems: The Role of the Courts in Education Litigation. The effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation's schools are examined in this book. Case studies, surveys, and interviews with lawyers and judges involved in the leading cases are presented in nine chapters by nine contributors, each of whom is a recognized authority in educational or constitutional law, the judiciary, or other pertinent field. Unresolved critical issues of educational litigation of the last decade–racial desegregation, inclusion of bilingual education, education of the disabled, and sex discrimination–are addressed. Court solutions, outcomes, and factors involved are also analyzed. Part 1 consists of an overview of judicial activism in education litigation by Howard I. Kolodner, and part 2 consists of two chapters by Michael A. Rebell examining educational opportunities for children with handicaps. Focus is on special education reforms in New York City and Boston, respectively. Equal educational…

Reichman, Henry (1988). Censorship and Selection: Issues and Answers for Schools. Censorship is the removal, suppression, or restricted circulation of literary, artistic, or educational material–of images, ideas, and information–on the grounds that these are morally or otherwise objectionable in the light of standards applied by the censor. Few in our society advocate the banning of all but a tiny handful of materials from sale, circulation, or display to adults; however, the commitment to free expression is not so clear where minors are concerned, and the picture becomes more clouded still when the issue of schooling enters. The purpose of education is not only to communicate factual information, but to develop in the young the ability to discriminate and choose. This, of necessity, involves some selective transmission of values. As a resource providing educators and citizens with essential information to help them deal effectively with censorship challenges and academic freedom, this document covers: (1) censorship in the schools; (2) areas of conflict; (3)…

Boothroyd, Paul; And Others (1989). Housing for the Physically Disabled: A Commentary, Resource Guide and Selected Bibliography. Prepared for the Coalition of Active Disabled of Chester County, Inc. This document on housing for the physically disabled contains four parts: a commentary; a list of bibliographical references for the commentary; a resource guide; and a selected bibliography of government publications. The commentary portion discusses the psychological, social, and physical problems which physical disability presents to the individual; describes the effect of affordable, accessible housing on that individuals' well-being; and describes relevant federal and state (Pennsylvania) legislation from 1954 to 1988 with emphasis on the Fair Housing Act of 1988. In addition, reasons for lack of effectiveness of earlier legislation, such as lack of protection against discrimination, are summarizes; an illustrated description of adaptations to wheelchair living designed into a model home by the South Carolina Vocational Department is provided; and the concepts of universal design, adaptable housing, design for the life span, and alternative living arrangements are explained….

(1984). Contribution to the Appraisal of the United Nations Decade for Women and to the Design of Strategies for the Future. Prepared to support the efforts of a series of international conferences on the economic and social status of women, this report focuses on Latin American and Caribbean issues and reviews conference directives and goals. Calling attention to the difficulties relating to the evaluation of the status of women, the report mentions the political and social changes which have occurred in the region and which make the situation more complicated. The indicators that are available concerning achievements made by women during the past decades are reviewed. The report discusses the main obstacles to the integration of women, reviews some aspects of planning and social policies, and makes some remarks on the future, including the possible updating of the Regional Plan of Action on the Integration of Women into the Economic and Social Development of Latin America and the Caribbean. (SY)…

(1982). Women: Know Your Rights. Revised Edition. The booklet furnishes general information to the women of Maryland about the Equal Rights Amendment of the Maryland Constitution. One hundred and three questions and answers concerning women's rights are organized into four topics: (1) employment, including employment rights, labor laws, workmen's compensation, unemployment insurance, pregnancy disabilities, and social security; (2) marriage and divorce, including property rights, and transmission of property upon death; (3) finances, including credit, consumer laws, and housing; and (4) health, including health services and medicare/medicaid. Additional information sources are listed under the headings of discrimination, employment, legal matters, credit, consumer protection, family matters, health, and housing. (TRS)…

Abrams, J. Marc; Goodman, S. Mark (1988). End of an Era? The Decline of Student Press Rights in the Wake of the Kuhlmeier Decision. A student's right to freedom of expression was well-protected by twenty years of legal history until the United States Supreme Court in its 1988 decision Hazelwood School District, et al. v. Kuhlmeier, et al. sharply limited this right by approving a school district's censorship of a high school newspaper. Prior to the Kuhlmeier decision courts often used the "public forum" doctrine to uphold freedom of speech or expression. No censorship of expression occurring in a public forum is allowed. School publications were held to be public forums, and absent a showing of "material and substantial interference with school work or discipline" schools could not restrain the full First Amendment rights of their students. The Kuhlmeier decision held that the school newspaper was not a public forum because the school exerted control over it, and therefore the school's actions were justified as long as they were "reasonably related to legitimate pedagogical…

Pullin, Diana; Zirkel, Perry A. (1987). Testing the Handicapped: Legislation, Regulations and Litigation. The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems associated with testing handicapped persons. The past decade has seen new federal and state statutes designed to ensure handicapped persons' free and equal access to education, employment, and public services and to afford legal sanctions against inappropriate discrimination. This paper reviews legal issues concerning the testing of handicapped students and employees in schools and colleges. Part I summarizes the major specialized sources of applicable statutory and administrative law, focusing on two federal laws: (1) Section 504 of the Rehabilitation Act of 1973, which provides a wide definition of handicap and includes numerous testing… [PDF]

Bender, Louis W.; Richardson, Richard C., Jr. (1987). Fostering Minority Access and Achievement in Higher Education: The Role of Urban Community Colleges and Universities. Two overlapping nationwide studies, one funded by the Ford Foundation and the other by the U.S. Department of Education, provide information covering policies, procedures, and practices that enhance or impede the academic success of minority students in universities and community colleges. Topics include understanding the problem of minority underrepresentation in today's higher education; barriers to cooperation between universities and community colleges; the urban community college's role in educating minorities; effecting the transition to urban universities; the states' role in improving minority education; what community college students expect from higher education; how transfer students evaluate their educational experiences; improving transfer programs and practices; assessing the urban educational pipeline; and helping minorities achieve degrees (recommendations for community colleges, universities, and state boards). Appended is a seven-page questionnaire on transferring…

(1988). Fundamentals of U.S. Foreign Policy. Public Information Series. Designed to explore the interests and objectives of U.S. foreign policy, this book addresses: (1) national security and arms control; (2) economic programs and trends; (3) human rights efforts; (4) science and technological developments; (5) relationships with various world regions; and (6) the need for an adequate foreign affairs budget. Chapter 1, "The Interests and Objectives of American Foreign Policy" considers the Reagan administration's role as a global force for prosperity, security, and democratic change. Chapter 2, "National Security and Arms Reduction," focuses on efforts at preserving a peaceful and stable world environment. U.S. efforts in promoting human rights, counterterrorism, narcotics' eradication, and refugee relief are described in chapter 3, "The Human Dimension." Chapter 4, "The Economic Dimension," discusses efforts to achieve a strong and prosperous U.S. economy. Specific environmental concerns are considered in… [PDF]

Irvin, Larry K.; Singer, George S. (1984). Human Rights Review Manual: Behavioral Treatment and Review System. Human rights review is a process by which agencies assure that an intrusive behavioral program is appropriate in a given case. Methods are described for local education agencies to accomplish human rights review of proposed and ongoing intrusive behavioral treatment with students who have severe behavior problems. One approach to human rights review is to utilize the existing Individual Education Plan (IEP) process as much as possible, as the IEP is already in place in special education settings and some of its components address human rights concerns. It is recommended that education agencies develop a Human Rights Committee to ensure due process and to safeguard the rights of students and educators. IEP teams and Human Rights Committees should use the least restrictive alternative as a guiding principle and should distinguish between intrusiveness and restrictiveness. The "Human Rights Review Case Presentation Form," which should be completed for documentation of each…

Dai, Sheila; Papalia, Anthony S. (1982). Counseling Perspectives on Sexual Harassment in Industry. This report focuses on the problem of sexual harassment in industry. Prior research documenting such harassment is cited, and the ability of the counseling profession to address the issue is discussed. Results of the authors' survey of salaried women (N=85) from a large industrial firm are reported; the demographic data and information on sexual harassment indicate that 46% of the women surveyed experienced sexual harassment while working. Results of a survey conducted by the Women's Issues Advisory Committee which confirm these findings are also reported. The need for change in the workplace, based on such data, is discussed. The legal response to sexual harassment is outlined, including the guidelines of the Equal Employment Opportunity Commission (EEOC). Issues which have yet to be clarified by the courts are explored, including the right to sue because of sexual coercion, and the rights and circumstances involved in filing a Title VII claim. The varying roles of counselors in…

(1988). Self-Determination. Transition Summary, n5. This issue of \Transition Summary\ contains articles about self-determination and becoming a good self-advocate, with each article reflecting the experience of someone who has grown up with a disability. \The Many Facets of Self-Determination\ (Michael Ward) discusses the concept of self-determination; offers an historical perspective of the disability rights movement; and outlines the parents' role during the critical stage for self-determination, adolescence. \Who Chooses?\ (Bill Mitchell) discusses the need for young people with disabilities to be involved in making decisions that affect their lives, and describes three barriers that restrict their opportunities to learn decision-making: overprotection, low expectations, and lack of stable support systems. \Self-Determination and Normalization among Adolescents: The Family as a Crucible of Values\ (Rita Varela) outlines the role of the family in teaching values, the roadblocks facing disabled youth, and the strategies families… [PDF]

(1987). Hearing on Discrimination against Cancer Victims and the Handicapped. Hearing before the Subcommittee on Employment Opportunities of the Committee on Education and Labor. House of Representatives, One Hundredth Congress, First Session. This hearing was held to receive testimony on private-sector employment discrimination against individuals with cancer and individuals with handicaps. The testimony related to two bills: H.R. 1546, to prohibit discrimination against cancer patients, and H.R. 192, to prohibit employment discrimination against individuals with a disability or a perceived disability. The hearing transcript contains the oral statements, prepared written statements, letters, and supplemental materials from: (1) Mario Biaggi and John Moakley, Representatives in Congress; (2) representatives from private organizations, including National Coalition for Cancer Survivorship, Metropolitan Washington Area Candlelighters, and CANCERVIVE; (3) representatives from colleges, including Gallaudet University and the Training and Research Institute for Adults with Disabilities at Boston College; (4) government agencies, including the Massachusetts Commission Against Discrimination and the Niles Township Sheltered… [PDF]

(1988). Title IX: A Practical Guide to Achieving Sex Equity in Education. Title IX of the Education Amendments of 1972 is the principal federal law which prohibits sex discriminaton in education. This monograph sets forth the extent of Title IX's coverage by subject area, describes the obligations of covered institutions, and explains how victims of discrimination can enforce their Title IX right. While dealing with legal issues, the discussion is not designed to be a technical, legal one. Subjects covered include: (1) sex discrimination in admissions to educational institutions; (2) discrimination on the basis of pregnancy and marital status; (3) employment discrimination; (4) Title IX and sports; (5) sexual harassment in educational institutions; (6) student services; (7) Title IX in vocational education; (8) Title IX enforcement; and (9) affirmative action. (JD)… [PDF]

(1988). Summary of Existing Legislation Affecting Persons with Disabilities. Summaries are presented of more than 60 key federal laws pertaining to the legal rights and benefits available to persons with disabilities. The laws are organized into general subject areas, including: education, employment, health, housing, income maintenance, nutrition, rights, social services, transportation, and vocational rehabilitation. The provisions of each separate act are described in non-technical language. After providing a brief overview of each law's basic purpose and structure, the major programs authorized under the statute are described. An encapsulated legislative history of the law highlights major milestones in the evolution of the statute. Minor legislation affecting persons with handicaps is summarized in an abridged format, including a brief discussion of the law's importance and its legislative origins. The information provided is restricted to the provisions of the federal laws and does not cover regulatory and administrative policies or judicial decisions…. [PDF]

Briggs, Paul W. (1986). Desegregation: The Urban America Perspective. The most important education issue in terms of the volume of court cases and the impact on education has been racial isolation in schools. For decades the thrust has been on integrating the schools, but this goal has not been accomplished. Desegregation efforts have been frustrated and the problem of providing a quality education for all students is becoming more serious. Since American history shows that public education contributed positively to the quality of democracy in this country, it is imperative that more efforts be made to solve these problems. Successful efforts to desegregate government, public accommodations, and trade unions suggest that schools can also be desegregated. Even within education there have been successes on the level of teaching staffs and governing boards. Among recommendations for achieving the same kinds of desegregation among students are the following: (1) assure a good representation of minority staff in each school; (2) improve the quality of city…

Benjamin, Libby; Walz, Garry R. (1983). Violence in the Family: Child and Spouse Abuse. The two sections of this monograph deal with child abuse and spouse abuse as separate issues. The authors discuss the factors that have contributed to these problems, including historical antecedents, attitudes, and practices; and identify the characteristics of abusive caretakers of children, violent spouses/partners, and abused or neglected children. Sample intervention and treatment strategies are described, as well as broad components that should be part of any effective preventive or treatment program. Each section includes recommendations for future action intended to ameliorate and/or prevent abuse of children and spouses and help them to lead less fearful lives under more positive conditions. References are provided at the end of each section. (Author)… [PDF]

(1981). Special Programs in Employment: Criteria for Compliance = Programmes speciaux en matiere d'emploi: Criteres de mise en application. The purpose of this publication is to clarify the Canadian Human Rights Commission-approved criteria for special employment programs to eliminate systemic discrimination and to ensure compliance with the Canadian Human Rights Act. The basic principle of the Act is set forth: those sections of the Act that specify discriminatory practices are quoted, and the mandate of the Commission regarding special programs is discussed. In the next four sections, focus is on development of special programs in employment. Topics covered include criteria for special programs, identification of needs (problem areas within the organization in which its labor force is unrepresentative), determination of the relationship between the composition of its existing labor force and elements of its employment system (organizational policies, procedures, and practices), and three essential elements of a special program that will improve opportunities through contributing to a representative labor force…

Carrere, Thomas A. (1983). Legal Aspects of Home Instruction. The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory attendance laws have been based on the desire to \Americanize\ immigrants, the consideration for the welfare of the child and the community, and the safety of the state. Therefore, this duty of education for the public good has been the prosecuting argument in questions of schooling. The right of parental authority has been one defense against such regulation, resulting in a restriction on state public education mandates, thus allowing private schools. Recent home instruction cases, however, have shown that state laws allowing private school attendance are often not specific, sometimes making prosecution difficult since the right to home…

Scott, Heather (2005). Are You Ready for Your Close-Up?. Teaching History, n119 p24-27. We are often reminded that we remember little of what we hear and read but much of what we teach. The very act of teaching forces us to clarify our understanding and to process it so that it can be communicated in a structured, clear and accessible way. Here, Heather Scott describes how she got an initially reluctant Year 12 group at Challenge College to "teach" a similar group in a neighbouring school through the use of video. A clear structure to the task, a tight timescale and plenty of encouragement all contributed to a successful outcome for both the "teachers" and the "taught". Those at the receiving end were invited to respond with feedback and subsequently to send their own 'lesson' back to the students at Challenge College. An awareness of audience clearly raised the quality of the students' presentation and injected a healthy dose of competition into the proceedings…. [This article was written with Judith Kidd.]… [Direct]

(1977). The Bakke Case and Asian/Pacific Americans. Amidst much controversy, the United States Department of Justice has filed an amicus brief in the Supreme Court on behalf of the special minority admissions program at the University of California Medical School at Davis. This fact sheet is intended to show why Asian and Pacific Americans and those friendly toward Asians should pay careful attention to the government's position toward Asians as reflected in the Bakke case and beyond. The Justice Department's position in Bakke is of special concern to Asian and Pacific Americans because the government has become the first participant to challenge the participation of Asian Americans in a minority program. The government's brief says that Asian Americans have been admitted into medicine adequately without special admissions. It is noted that the Government brief contains misleading or irrelevant suggestions that Asian and Pacific Americans are too well off to suffer the effects of past discrimination. Furthermore, the brief fails to…

Wise, James H., Ed. (1977). Proceedings: Conference on Corporal Punishment in the Schools: A National Debate (Washington, D. C., February 18-20, 1977). The conference from which these papers were taken was designed to present a balanced cross-section of opinion on the controversial subject of corporal punishment in the school. The papers contained in this volume include a review of the research on the effects of punishment, an analysis of state legislation regulating corporal punishment in the schools, as well as papers for and against the use of corporal punishment. Special attention is given to the U.S. Supreme Court's decision in the Ingraham v. Wright case, in which the Court ruled that corporal punishment does not violate student's Eighth Amendment rights (fredeom from cruel and unusual punishment) nor require due process before it is applied to students. The volume concludes with an open forum dialogue among representatives of the American Federation of Teachers, the American Psychological Association, and the National Parent Teacher Association. (DS)…

Phay, Robert E. (1982). Legal Issues in Public School Administrative Hearings. A NOLPE Monograph Series. This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as they apply to these two types of cases and then gives in-depth details on the mechanics of hearings. The concerns addressed include the participants and their roles, the handling of witnesses, the nature of evidence, aspects of testimony, the treatment of hearing records, and the making of acceptable decisions. Techniques for closing hearings, suggestions for hearing conduct, and a discussion of the board's actions following the hearing committee's decision conclude the document. (PGD)…

Glasser, Theodore L.; Jassem, Harvey (1980). Children, Indecency, and the Perils of Broadcasting: The Case of "Scared Straight.". This paper argues that the United States Supreme Court's 1978 "FCC v. Pacifica Foundation" decision, in which the Court held that broadcasters must refrain from transmitting unseemly language at a time of day when children are most likely to be in the audience, has created a perilous dilemma for broadcasters: how to accommodate a child's right not to know without violating the adult's right to know. To capture the gravity of this dilemma, the paper focuses on a television documentary, "Scared Straight," that liberally used profanity, and contends that there is no principled way to distinguish between the language that resulted in the "Pacifica" decision and that used in the television documentary unless the Federal Communications Commission (FCC) uses content criteria. The paper presents a brief history of the events leading to the "Pacifica" decision and then examines the FCC's interpretation of this decision. It then focuses on "Scared… [PDF]

Cooper, Elizabeth; And Others (1981). Special Report: Labor Relations in Elementary and Secondary Education, 1980-1981. Government Employee Relations Report. In 1980-81, one issue dominated labor relations in elementary and secondary education–layoffs. In the future, unions are expected to protest layoffs more and more, at the bargaining table, on the picket line, and in the courts. This report highlights this issue in its section on major developments. The two major teacher unions–American Federation of Teachers and National Education Association–are currently reviewing their roles in the light of huge cuts in federal funding for education and the prospect of the loss of cabinet rank for the Education Department. Included in this report are exclusive interviews with the top officials of both unions and extensive organizing literature for both unions. In addition the report contains a discussion of the issues involved in collective bargaining and negotiations, salary disputes, and legal developments in 1980-81 at both the state and federal court levels. The report contains a summary of the most significant contract settlements…

(1979). Title IX: Parity of Coaches' Salaries for Male and Female Athletic Teams. A study by the National Education Association (NEA) of the existing literature, teacher opinion polls, federal legislation and regulations, state salary schedules, and collective bargaining agreements revealed important information concerning the differences in salaries in the late 1970s for coaches of male and female athletic teams in the public schools. Analysis of contracts showed that salaries were not generally equal in the 1977-78 school year, but that the percentage of contracts with equal salaries was higher than in 1975-76. Teachers polled during the period felt efforts to comply with the provisions of Title IX of the Education Amendments of 1972 were inadequate. The researchers determined that the Equal Pay Act of 1963 is the most appropriate and effective tool to use in resolving equal pay issues involving sex discrimination. The data available were not sufficient to answer questions concerning equality of pay for extra work by coaches. As a result of the study, the… [PDF]

Beckham, Joseph C. (1981). Legal Aspects of Teacher Evaluation. Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics associated with teaching success. The successful institution of a policy of teacher evaluation is subject to the influences of teacher unions, community groups, and administrative leadership as well as legal constraints and mandates governing due process, equal protection, and reasonable administrative action. This monograph first addresses constitutional guarantees of substantive and procedural due process, especially where these protections have compelled judicial scrutiny of employment decisions in public educational settings. The second section of the monograph covers federal constitutional and statutory provisions barring discrimination and…

(1977). The Right to Education: Where Are We and How Did We Get Here? Book 1. The Parent/Professional Partnership. The first of a series of three books written for parents, professionals, and others involved in educating severely and profoundly retarded children provides a brief history of the right to education movement and general information about administration and financing of public schools. Chapter 1 traces the right to education movement from the early 1800s to the present. Chapter 2, on the public schools, includes sections on the local school and school district, the state education agency, the federal government's role in education, university teacher training programs and the educational system, and the role of teacher unions. (SBH)…

Greenberg, Elinor; And Others (1978). The Educator's Role in Equal Rights. Two questions must be asked by educators when assessing their role: How should opportunity, access, and democratic intent be used to further the fullest development of each individual to the limits of his or her potential? How do our institutions, in particular, our schools, play a role in facilitating that development? These questions are especially relevant to the problem of equal rights for women in a society in which the number of women in the schools and in the work force is increasing. In the light of these trends, college education for women is becoming more of a necessity, and it is necessary to examine our institutional objectives in terms of their relevance to women. Adult education programs especially need to be examined since from 60 percent to 80 percent of the students in these classes are female. (DS)… [PDF]