Mawdsley, Ralph D. (1994). Sexual Harassment in Schools. Update on Law-Related Education, v18 n2 p39-44 Spr. Reviews the legal principles and precedents that frame current sexual harassment laws as they relate to schools. Discusses school district liability and responsibility for providing school environments safe from sexual harassment. Includes guidelines for developing and implementing school policies regarding sexual harassment. (CFR)…

Brown, Frank (1994). Brown and Educational Policy Making at 40. Journal of Negro Education, v63 n3 p336-48 Sum. Examines the dilemma faced by black leaders who accepted delays in the full implementation of Brown v Board of Education to ensure that its mandates would be accomplished through additional litigation. It explores changing policy in school desegregation litigation, desegregation guidelines, new legal statutes and desegregation, and what the future holds after Brown. (GR)…

Brown, Kevin (1995). Revisiting the Supreme Court's Opinion in Brown v. Board of Education from a Multiculturalist Perspective. Teachers College Record, v96 n4 p644-53 Sum. Reexamines the Supreme Court's school desegregation opinions, including "Brown v. Board of Education," and concludes that a multicultural society was not part of the Supreme Court's vision of public schools. Argues that the ideology of those opinions cannot be the basis of school districts' efforts to bring together racially or ethnically diverse students. (SM)…

Starkey, Hugh (1992). Teaching Children's Rights in Europe. Social Education, v56 n4 p228-30 Apr-May. Describes efforts toward human rights education in Europe and how these efforts might be utilized in teaching about children's rights. Offers examples of work to help children acquire a sense of their community and its structures. Includes student drafted charters and declarations, children's councils, cooperative education, and community service. (DK)…

Brulle, Andrew R.; Mantarakis, Nicolas Z. (1994). Sexual Harassment in Teacher Preparation Clinical Experiences. Action in Teacher Education, v15 n4 p5-13 Win 1993-94. Self-reported survey data from 230 male and female students who had completed student teaching indicated that 17.4% alleged some form of sexual harassment during either their preclinical experiences or their student teaching. Alleged harassers included building administrators, cooperating teachers, and university supervisors. (IAH)…

Hood, Stafford; Parker, Laurence (1991). Minorities, Teacher Testing, and Recent U.S. Supreme Court Holdings: A Regressive Step. Teachers College Record, v92 n4 p603-18 Sum. Discusses the negative impact of teacher certification testing on African-American teacher candidates, noting the Supreme Court's Wards Cove versus Antonio decision which may foreclose previously successful court settlements regarding the impact of teacher testing on minorities. The article reviews procedures for establishing test validity and major cases addressing such procedures. (SM)…

Harvey, Karen D. (1991). Vanquished Americans. Social Education, v55 n2 p132-33 Feb. Presents an interdisciplinary unit for middle school students, focusing on the removal of the Cherokee and other tribes from Georgia to so-called Indian Territory, also known as the Trail of Tears. Outlines cooperative learning activities addressing whether or not this act constituted genocide. Uses excerpts from the novel, "The Education of Little Tree." (NL)…

Sneed, Maree; Tatel, David S. (1990). The 1989-90 Term of the United States Supreme Court and Its Impact on Public Schools. West's Education Law Reporter, v61 n3 p809-25 Sep 27. This review of 1989-90 Supreme Court decisions is divided into four sections by subject matter: (1) student rights; (2) employee rights and labor issues; (3) school desegregation; and (4) special education. A list of cases and statutes discussed, with citations, is included. (MLF)…

Konecky, Joshua; Wolinsky, Sid (2000). Through the Maze: Legal Issues and Disability Rights. Learning Disabilities: A Multidisciplinary Journal, v10 n2 p73-83 Spr. This article reviews basic legal requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act relative to individuals with learning disabilities and attention deficit hyperactivity disorder. Within this framework, legal issues surrounding reasonable accommodations on professional licensing and screening exams are discussed. (Contains references.) (Author/CR)…

Levesque, Roger J. R. (1998). Children's Human Rights. Update on Law-Related Education, v22 n3 p22-26 Fall. Addresses the issue of children's human rights in relation to the United Nations Convention on Rights of the Child that seeks to give priority to children in the adoption of individual countries' polices. Focuses on U.S. policies concerning children's' rights and introduces two different views of the impact. (CMK)…

Kibler, M. Alison (2004). Settling Accounts with Settler Societies: Strategies for Using Australian Women's History in a United States Women's History Class. History Teacher, v37 n2 p155-170 Feb. This article offers a strategy for using Australian women's history in a United States women's history survey course. To develop the theme of gender relations in settler societies, the author recommends using transnational categories, such as gender frontier and settler colonialism, direct comparisons between Australian and American women's history, and a discussion of feminist ideology in international women's organizations. Three topics for lecture and discussion develop these concepts and comparisons: the encounter between European and indigenous gender systems, feminist imperialism, and "settler anxiety" in Australian and American suffrage campaigns. These topics emphasize the centrality of gender relations to the history of settler societies, connect gender and race relations, and suggest the Pacific region as a focus of women's history. These three topics build on each other to make transnational gender frontiers a significant theme of a United States women's history… [Direct]

Michaelsen, Scott (2005). Between Japanese American Internment and the USA PATRIOT Act: The Borderlands and the Permanent State of Racial Exception. Aztlan: A Journal of Chicano Studies, v30 n2 p87-111 Fall. The general conversation today about the USA PATRIOT Act and its historical and legal significance must be contextualized with reference to a series of 1970s U.S. Supreme Court decisions regarding the U.S. Border Patrol that directly undergird the PATRIOT Act. The Supreme Court long ago turned the U.S. borderlands adjoining Mexico into a permanent racial camp, and the borderlands is the "home," as it were, of the permanent state of legal, racial exceptionalism. This problem must be theorized as structural in nature, rather than historical or contingent, in order to confront the matter of exceptional sovereignty at its constitutional foundations. Readings of the Supreme Court decisions regarding Japanese American internment and of Charles "Mills's Racial Contract" provide a context for the elaboration of this problem. A final reflection on Jose Antonio Burciaga's poem "Green Nightmares" suggests an idea for justice at the limit of sovereign authority that… [Direct]

Dalrymple, Jane (2005). Constructions of Child and Youth Advocacy: Emerging Issues in Advocacy Practice. Children & Society, v19 n1 p3-15 Jan. The development of child and youth advocacy has been informed by varying theoretical perspectives and in the last decade has been increasingly incorporated into policy and legislation for young people in receipt of welfare services. Through examining the varying perspectives of young people, advocates and commissioners of advocacy services it can be seen that although there is some consensus about how advocacy should be provided, the construction of advocacy by adults may have a significant impact on how it is experienced by young people. This paper draws on material from five advocacy projects to examine how advocacy is constructed by those involved in the provision and receipt of services. It argues that there is a danger that the construction of advocacy in an adult proceduralised way is likely to compromise its potential to challenge the structures that deny young people opportunities to participate in decision making about their lives…. [Direct]

Green, Preston C., III; Gutierrez, Kathrine J. (2004). Re-Examining Race-Based Admissions Processes of American Institutions of Higher Education Using Multi-Dimensional Ethical Perspectives. Journal of Educational Administration, v42 n2 p236-248. The Supreme Court of the USA explains when universities may use race-based admissions policies without violating the Equal Protection Clause of the US Constitution. These rulings raise important ethical issues for universities that are presently using race as a consideration in their admissions decisions. This paper discusses some of the ethical issues presented by the Supreme Court's decisions in the "Regents of the University of California v. Bakke," "Grutter v. Bollinger," and "Gratz v. Bollinger" cases. A summary of the "Bakke," "Grutter," and "Gratz" cases is provided as well as an analysis of these decisions using an ethical framework that incorporates five perspectives: ethic of critique, ethic of justice, ethic of profession, ethic of care, and ethic of community. The accompanying discussion highlights areas of agreement and conflict between the goals of race-based university admissions policies and the… [Direct]

van Hover, Stephanie D. (2003). Deborah Partridge Wolfe and Education for Democracy. Theory and Research in Social Education, v31 n1 p105-131 Win. This paper examines the contributions of Deborah Partridge Wolfe, a previously overlooked female African-American educator, to social education. Throughout her career, Wolfe consistently drew attention to issues of democracy, diversity, and equity through her teaching, curriculum development, scholarly writings, speeches, government service, and social activism. This study adds to a growing body of work that investigates women's roles as social educators within the history of education and examines how Wolfe's beliefs about democracy and education manifested themselves in her work as a social educator. Specifically, this paper provides an overview of Wolfe's life and career, examines her conceptions of democracy and democratic education, and focuses on Wolfe's active involvement in multiple realms of community life, as well as her scholarly writings and speeches. The paper concludes with a discussion of Wolfe's major contributions to the field of education, particularly her advocacy… [Direct]

Baptiste, H. Prentice; Michal, Emil J., Jr. (2004). Influences of Three Presidents of the United States on Multicultural Education: A Series of Research Studies in Educational Policy–Third Installment: Examining Presidents John Quincy Adams, Theodore Roosevelt, and Harry S. Truman. Multicultural Education, v11 n4 p35-45 Sum. The recognition, development and implementation of multicultural education in America is a relatively new and emerging idea. Prior to the middle of the previous century, the concept of addressing and providing a meaningful educational experience for all students, including students of color, was non-existent. In recent years, through the work of numerous educators (Banks, 1993; Banks, J. & Banks, C., 2004; Baptiste, 1979/1986/ 1994; Bennett, 1995; Boyer & Baptiste, 1996; Garcia, R.L., 1982; Gay, 1988/1994, 2004; Gollnick & Chinn, 1990; Nieto, 1992), not only has the concept of multicultural education begun to become a reality, it has become a driving force in curricular development. While these efforts by educators are important, the commitment of this country to multicultural education in American schools and on the international scene has not been significant (Spring, 2000). Part of this absence must be attributed to the lack of support and leadership from the President of the… [PDF] [Direct]

Garnett, Richard W.; Pearsall, Christopher S. (2005). "Bush v. Holmes": School Vouchers, Religious Freedom, and State Constitutions. Education and the Law, v17 n4 p173-183 Dec. In "Zelman v. Simmons-Harris," the Supreme Court of the US made it clear that governments do not unconstitutionally "establish" religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students' parents are able to make a "true private choice" for the school their children attend. However, the "Zelman" decision left unanswered and unresolved many questions and problems. For example, although the Justices determined that, all things considered, the "particular" program under review satisfied the First Amendment's requirements, they did not–and, indeed, could not–say anything definitive about the constitutional fate of other, differently structured, school-choice experiments. Legislators in Florida followed "Zelman's" guidelines when, in 1999, they designed and enacted that state's Opportunity Scholarship Program (OSP). They were careful when… [Direct]

Alexander, Neville (2006). "Brown v. Board of Education": A South African Perspective. Yearbook of the National Society for the Study of Education, v105 n2 p251-273 Oct. Although this author knew very little about the details of "Brown v. Board of Education" as a legal matter when he read about it as a young second-year student at the University of Cape Town in 1954, the Court's verdict had a direct influence on his political perspectives and on his aspirations as a would-be teacher for the rest of his life. In one way or another, he was inevitably involved in what was ultimately the political struggle of resistance against the racist policies and practices of the ever more self-confident and aggressive apartheid ideologues and bureaucrats of that period. In this chapter, the author focuses on recent developments in South Africa, where they are in certain respects going through a replay of what happened in the United States from the 1950s to the 1980s. The author considers the deeper implications for the shaping of social identities and for the cohesion of the society inherent in the implementation of an affirmative action strategy under… [Direct]

Ladson-Billings, Gloria (2006). The Meaning of "Brown"… for Now. Yearbook of the National Society for the Study of Education, v105 n2 p298-315 Oct. The last few years (2004-05) have been filled with commemoration, reflection, and scholarship around the landmark Supreme Court decision, "Brown v. Board of Education" (1954). It was right and proper to take a 50-year retrospective at one of the more significant court rulings of the 20th century. It was also important to look at the decision in relationship to the current conditions of U.S. public schools and to ask what meaning "Brown" has for contemporary schooling. In this chapter, the author uses the theoretical lens of Critical Race Theory (CRT) to interrogate the "Brown" decisions (both 1954 and 1955) to consider what they mean for education today. The author looks at three scenarios that respond to the question of whether or not "Brown" could be decided in the same manner today as it was decided in 1954. (Contains 3 notes.)… [Direct]

Landers, Barb, Ed.; And Others (1980). Toward Equity: Effective Title IX Strategies, K-Postsecondary. This exhaustive treatment of sex equity in education is designed to provide background on and insights into the sex equity in education movement as well as information and strategies for developing the skills needed to carry out the mandates of Title IX. The book includes a discussion of the legal aspects of Title IX, of procedures for implementing the law, and of the handling of negative public attitudes, financial support, instructional materials, and human rights issues. In addition, it addresses the specific concerns and roles of administrators, community members, counselors, instructional personnel, media specialists, physical education teachers, postsecondary personnel, student activity directors, and vocational educators. Specific issues, target populations, projected outcomes, change strategies, constraints, suggested action, and resources are identified for each group. Finally, the book lists human, nonprint, and print resources available to those interested in sex equity… [PDF]

Larralde, Carlos (1976). Mexican-American: Movements and Leaders. Biographical studies of 20 influential Chicano leaders trace Mexican American history from 1848 to the present. The book is organized chronologically by four historical periods: (1) The Cortinista Movement, 1848-1876; (2) The Teresita Movement, 1888-1905; (3) The Magonista Movement, 1904-1919; and (4) The Chicano Activists, 1920 ;o the present. Men and women from all walks of life and possessing diverse styles of leadership are represented. Juan Cortina, soldier and statesman, gives his name to the first period, when he called for Chicano unity following the Mexican American War. The second period, corresponding to Porfiro Diaz's presidency in Mexico, is named for Teresa Urrea, mystic and evangelist, who became the symbol of many campaigns against Diaz. The third period is named for the brothers Ricardo and Enrique Magona, journalists and union organizers. Chicano activists in the fourth period include Octaviano Larrazola, New Mexico governor; Emma Tenayuca, labor organizer; and…

Lagemann, Ellen Condliffe, Ed.; Miller, Lamar P., Ed. (1996). Brown v. Board of Education: The Challenge for Today's Schools. The 1954 Supreme Court decision in the case of "Brown v. Board of Education of Topeka, Kansas" provided the legal basis for equal educational opportunity. More than 40 years after the decision, equal opportunity, equal access, and affirmative action remain issues of intense debate. This book offers essays by 23 prominent voices in American education, who discuss the issue of equal educational opportunity for all students. The essays include the following: (1) "An American Dilemma Still" (Ellen Condliffe Lagemann); (2) "Tracking the Progress of 'Brown'" (Lamar P. Miller); (3) "Dream Deferred but Not Defeated" (Roger Wilkins); (4) "The Unending Struggle for Equal Educational Opportunity" (Robert L. Carter); (5) "The Federal Government and the Promise of 'Brown'" (Brian K. Landsberg); (6) "The Legacy of 'Brown v. Board of Education'" (Constance Baker Motley); (7) "Revisiting the Supreme Court's Opinion in 'Brown…

Beckham, Joseph C. (1992). School Officials and the Courts: Update 1992. ERS Monograph. During the past year, in cases involving the authority of school boards to make curricular decisions and provide for services, the courts have balanced school board authority against constitutional and statutory provisions related to privacy, free exercise of religion, and public records laws. Section 1, \School Boards and Board Members,\ outlines requirements for community service, the closing of schools; conflict of interest issues, condom distribution, textbook selection, and allegations of \biased curriculum.\ Section 2, \Administrators,\ scrutinizes teacher layoffs, reassignment, subordinates' free speech rights, and removal or alteration of records. Section 3, \Finance,\ assesses income tax deductions for private schooling;, facilities impact fees, and auditing requirements. Section 4, \Teachers and Other District Employees,\ considers \whistle blower\ statutes, espousal of creationism, First Amendment protection, sex discrimination, teacher dismissal, and application of…

Brennan, Mark; Brennan, Roslin (1994). Cleartalk: Police Responding to Intellectual Disability. The Cleartalk project was developed in New South Wales (Australia) to help police respond to the communication needs of people with intellectual disabilities. Section 1 presents "The View from the Street: A Working Knowledge of Intellectual Disability," which discusses how individuals with intellectual disabilities are denied their right of access to the law and its processes due to communication problems. It also discusses the issues of isolation and devaluation, trust and conditioning, lack of education within the criminal justice system concerning people with intellectual disabilities, and police protocols for dealing with hidden disabilities. Section 2 adopts working premises about police work, communication, and people with intellectual disabilities; reviews police responses to a questionnaire revealing different perceptions of intellectual disability; discusses educational implications for police; and outlines a recommended procedure for assessing the communicative… [PDF]

(1988). Equality: Constitutional Update. Bar/School Partnership Programs Series. The second in a special four-part series of law-school partnership handbooks on constitutional themes, this document focuses on equality. "Equality–the Forgotten Word" (J. A. Hughes) discusses what has been considered the U.S. Constitution's one flaw, its failure to abolish slavery, and the remedy to that flaw, the Fourteenth Amendment. The issue of equal protection as it exists today and how it bears on such things as age, gender, welfare rights, and aliens is also examined. "The Dilemmas of Equality" (M. Middleton) examines various court cases that have been significant in the battle against discrimination. James Giese and Barbara Miller provide two lesson plans: "Searching for Equality" (grades 7-12) provides a historical context for looking at current legal questions pertaining to equal rights; "Affirmative Action" (secondary grades) aims to help students understand the role that the federal government can take in clarifying how citizens… [PDF]

Hazzard, Terry (1989). The Recruitment of White Students at Historically Black Colleges and Universities. This paper reviews research on: (1) the significance of black colleges; (2) characteristics of white students attending black colleges; (3) barriers to recruiting white students on black campuses; and (4) strategies for recruiting white students. Reasons why white students attend historically black institutions and their levels of motivation, the prejudicial attitudes that are present, the general lack of quality students, and the inadequacies of the admissions operation are discussed. The paper also examines ways to approach the black institution's problems in creating quality programs and instruction, in acquiring and maintaining a sufficient staff, in building up an adequate operating budget, and in developing a recruitment/activities plan adequate to the challenge of attracting minority students (whites and others) to black campuses. It is noted that black colleges have much to offer their students, both black and white, because the black institution stresses teaching more than… [PDF]

(1992). Section 504. Student Issues and Public Schools. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., 706(8), 794, 794a, 794b). This publication is intended to provide Texas educators with a ready reference concerning Section 504 of the Rehabilitation Act of 1973, a chart comparing this statute with the Individuals with Disabilities Education Act (IDEA), practical suggestions for implementing the statute, and the federal regulations and analysis. The first section presents basic questions and answers which cover definitions, qualifying conditions, procedural requirements, specific obligations of school districts, placement requirements, reevaluation, the least restrictive environment requirements, provision of nonacademic services, and permissible use of federal money. The comparison chart presents IDEA and Section 504 requirements side by side and compares such provisions as purpose, special education versus regular education, funding, accessibility, notice and consent, evaluations, determination of eligibility and program placement, grievance procedure, due process, and enforcement. Practical suggestions…

Shepard, Ira Michael; And Others (1992). ADA Audit, Transition Plan, and Policy Statement for Higher Education. Manual and Workbook. Designed to assist public institutions in meeting the many requirements and deadlines of the Americans with Disabilities Act (ADA) of 1990, this handbook provides a blueprint for coordinating ADA compliance and conducting the required self-evaluations. Chapter 1 reviews policy implications of compliance with the ADA, discusses the importance of the legislation to institutions, and provides sample policy statements. Chapter 2 provides an overview of requirements and deadlines for compliance for ADA Titles I, II, and III, while chapter 3 describes the first phase of conducting ADA self-evaluations, including the creation of an ADA task force, gathering input from the community and institution, the role of ADA Coordinators, and the audit process. Chapter 4 discusses the second phase of ADA evaluations, which includes setting priorities and developing a transition plan, and reviews the differences between program and facilities access; structural renovations planning; and completing the…

McDougall, Donna M. (1993). What Did I Do? A Scenario-Based Program To Assist Specific Learning Disabled Adolescents in Understanding Legal Issues. This practicum was designed to train eight adolescents with specific learning disabilities (SLD) about their legal rights and responsibilities, through a scenario-based program presented in the classroom as part of a transition program. The practicum involved the development of 22 scenarios, a pretest and posttest, and discussions and role-playing sessions with the scenarios. Among topics covered by the scenarios were: shoplifting, fatherhood (rights and responsibilities), routine traffic stop, disorderly conduct, assault and battery, parents' authority and responsibilities, fireworks, school attendance, school's authority, handicapped rights, labor laws, driver's license rights and responsibilities, use of telephone, trespassing, age of majority, motorcycle usage, and rights in court. Results indicated that students increased their knowledge of their legal rights and responsibilities and also gained skill in making thoughtful decisions in this area. (Contains 13 references.)…

Annunziato, Frank R.; And Others (1994). Graduate Assistants and Unionization. National Center for the Study of Collective Bargaining in Higher Education and the Professions Newsletter, v22 n2 Apr-May. This newsletter theme issue focuses on unionization of graduate student assistants at institutions of higher education. The first article, "Graduate Assistants and Unionization" by Frank R. Annunziato, points out that more than 21,000 graduate student assistants at public sector colleges/universities are represented by unions in eight states. The National Labor Relations Board (NLRB) repeatedly ruled in the 1970s that graduate employees at private institutions are not eligible for coverage under the National Labor Relations Act (NLRA). In order for graduate assistants at private colleges to organize unions, the Federal Courts would have to overturn the NLRB, Congress would have to amend the NLRA to include graduate assistants as employees protected by the statute, or graduate assistants could seek voluntary recognition from their college and university administrations. The second article in the issue, "Making It Work: Scholarship, Employment and Power in the… [PDF]