Beckham, Joseph, Ed.; Dagley, David, Ed. (2005). Contemporary Issues in Higher Education Law. Education Law Association Colleges and universities remain vulnerable to lawsuits and face an increasingly litigious environment. This book is intended to provide board members, administrators, faculty, and students of higher education with a basis for informed decision-making that will reduce the risk of liability through a preventive-law approach. Readers will find this text a useful source that reflects trends in the law, details current case law on a particular subject, and provides guidance on institutional policy for both public and private higher education institutions. Contents include: (1) Public Colleges and Universities; (2) Private Colleges and Universities; (3) Religious Colleges and Universities; (4) Faculty; (5) Non-Academic Personnel; (6) Faculty Speech; (7) Tort Liability; (8) Contracts With Students; (9) Student Speech; (10) Student Equal Protection and Due Process; (11) Sexual Harassment; (12) Employment Discrimination Under Title VII; (13) Disability Law; (14) Intellectual Property; (15)… [Direct]

(1996). ADAAG Review Federal Advisory Committee Recommendations for a New ADAAG. Final Report. This report presents the final recommendations, in the form of a new set of guidelines, of a federal advisory committee concerning revisions to the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The guidelines provide scoping and technical requirements for the design, construction, and alteration of sites, facilities, buildings, and elements for accessibility by individuals with disabilities. The guidelines are grouped into 10 chapters which address: (1) definitions of terms; (2) scoping requirements (such as passenger loading zones, stairways, signs, sinks, and transportation facilities); (3) building blocks (such as wheelchair turning space, protruding objects, and reach ranges); (4) accessible routes and accessible means of egress (such as walking surfaces, ramps, and wheelchair lifts); (5) general site and building elements (such as parking spaces, stairways, and handrails); (6) plumbing elements and facilities (such as toilet and bathing rooms, bathtubs, and… [PDF]

(1996). Building Bridges: Inclusive Post-Secondary Education for Persons with Intellectual Disabilities. This study examines issues concerning inclusion in Canadian postsecondary education, especially educational programming and practices that enable adults with intellectual disabilities to participate and learn in regular classes in community colleges or vocational training colleges. The book first frames education as a human right and then explores the legal and policy context for inclusive postsecondary education in the Canadian provinces. Chapters examine the practice of inclusion, the systems of supports for instructors and students, and the means of overcoming key obstacles in the promotion of inclusive postsecondary education for people with intellectual disabilities. Based on a survey of 40 community college educators and interviews with 35 educators and parents, the book contends that instructors and college administrators are more likely to promote inclusion in the presence of: support networks for teachers; inservice instruction by community agencies; disability awareness… [PDF]

Horsman, Kelley (1994). Job Search Strategies for Students with Disabilities: A Nuts and Bolts Approach: Eastern Washington University Career Opportunities for Students with Disabilities. This guidebook is accompanied by a videocassette, on job search strategies for students with disabilities (the videotape should be accompanied by each school's own training materials based on personal needs). The guide begins with information on Title I of the Americans with Disabilities Act. It discusses the Title's purpose, main provisions, and important definitions. The type of employment protections provided in the job application process, during the job interview, in the employment decision, and while on the job are outlined. Students are encouraged to approach their work search and career decision making with careful consideration and enthusiasm. A self-assessment process is presented for examining likes and dislikes in various life activities, leading to a list of skills and interest areas for career development. Tools to help students sort through their skills, abilities, interests, and values in order to make informed career decisions are noted, along with descriptions of… [PDF]

Palmer, Ezra (1993). Everything You Need To Know about Discrimination. The Need To Know Library. Revised Edition. Prejudice and how it can lead to discrimination is discussed with children as the audience. Discrimination begins with prejudice: the idea that one group is better than another. Although prejudice is morally wrong, it is not illegal, but it can lead to illegal discrimination. Discrimination is discussed with regard to: (1) individual rights; (2) religious and ethnic discrimination; (3) fair housing; (4) stereotypes; (5) the rights of females; (6) painful feelings of difference; and (7) dealing with discrimination. A glossary explains terms used in the discussion. Six resource organizations from which help is available for victims of discrimination are listed. (Contains 5 references.) (SLD)…

(1982). Sexual Harassment on the Job. A Guide for Employers. This guide is intended to help employers in New Hampshire curtail sexual harassment on the job. Covered first are the nature and scope of sexual harassment, the victims of the problem, and the reasons why sexual harassment is a problem for employers as well as victims. The next section deals with various aspects of sexual harassment and the law, including federal law and Equal Employment Opportunity Commission (EEOC) guidelines, New Hampshire state law, complaint processing, and federal case law. After a list of actions that employers can take to eliminate sexual harassment in their organizations, a model questionnaire on sexual harassment is presented. Also provided are a sample policy and an annotated bibliography on sexual harassment. The text of the EEOC guidelines on sexual harassment concludes the guide. (MN)…

Richardson, Richard C., Jr. (1990). The State Role in Promoting Equity. Information, analysis, and commentary are presented in a report that examines the progress and difficulties that states are having in assuming more of a moral and practical leadership role in achieving equity in higher education among minorities. The report discusses the fundamental dilemma states face in trying to foster greater institutional responsiveness to changing demographics. Next, an examination is made of two measures of state or institutional progress towards equity: an estimate of the differences between majority and minority participation rates, and an estimate of differences in graduation rates attributable to the effects of race and ethnicity. The problems of convincing a state's colleges and universities that improving minority participation and graduation rates ought to be high on their agenda are discussed, as well as efforts used to influence them to act, including the predominate use of court-imposed mandates. Finally, suggestions are presented on ways a state… [PDF]

Dildy, Dennis R., Ed. (1985). Guide to Determining the Vital Components Needed for a Realistic Vocational Preparation Program for Severely Disabled Students. This guide provides an approach to assist public schools and adult service agencies in designing programs that will maximize the ability of severely disabled students to function in non-sheltered vocational environments. The guide is composed of a list of questions to be used in a self-evaluation process; the questions concern needs assessment, measurable objectives, advisory council functions, parent involvement, use of available resources, current program features, development of a network of cooperative services, meeting student needs, and student placement. The guide is followed by a reprint of an article from the July 1984 issue of the Rehab Report of the Department of Physical Medicine and Rehabilitation at the University of Texas Health Science Center at San Antonio, which describes how special education programs can focus on teaching self-care skills, community functioning skills, and employment skills rather than teaching non-functional skills out of context. The guide… [PDF]

(1986). The Canadian Symposium on Special Education Issues. Proceedings. (Toronto, Canada, March 4-5, 1986). The texts of six papers presented at the Canadian Symposium on Special Education Issues are included in these proceedings. The papers' titles and authors are: \How Are We Doing? Issues and Research Related to the Integration of Students with Special Needs\ (Janet Quintal); \Post-Secondary Programmes and Services for Exceptional Persons: North American Trends\ (Marc Wilchesky); \The Education of Severely and Profoundly Handicapped Children and Youth: Some Issues That Currently Need To Be Resolved\ (Harry Dahl); \The Future is Now: Implications for the Development of (Special) Education Leaders\ (Ron Posno); \The Charter of Rights and Special Education: Blessing or Curse?\ (A. Wayne MacKay); and \Computers in Special Education: Using Technology to Make Up the Difference\ (Peter Lindsay). (JDD)… [PDF]

Ferguson, Henry, Ed. (1981). Handbook on Human Rights and Citizenship: Perspectives of Five Nations. This handbook was designed to help students learn the cultural contexts in which human rights are variously defined. It provides a comparative study of five nations, selected for their geographic and cultural scope, as a unique way to study human rights. Chapter 1 sets the stage for the study by presenting activities for establishing class objectives and examining the definition of human rights. Chapter 2 contains 90 readings from the five countries. These materials were selected for their value in illustrating the human rights situation in the five countries. International documents are included in chapter 2 which broaden the knowledge and understanding of human rights, such as "The Helsinki Agreement." Chapter 3 presents different activities and instructional strategies for presentation of the materials. Activities are included for different grade levels. Chapter 4 is the evaluation component in which an attitudinal questionnaire is administered to students to assess the… [PDF]

Rose, Carol M. (1978). Some Emerging Issues in Legal Liability of Children's Agencies. This book outlines several areas of legal development relating to children's agencies. Past rulings and implications for practice are discussed. Chapters and the topics covered are: (1) Agency-Child Relationship (children's constitutional rights, impact on the "In Loco Parentis" doctrine, children's rights as distinct from parental rights, malpractice and the agency's professional relationship to the child; (2) Treatment Issues (The O'Connor Decision and the "right to treatment", elements of legally required treatment, invasion of privacy and the right to refuse treatment); (3) Placement Issues (abridgement and termination of parental rights, nonparental homes and home stability, discrimination issues in placement); and (4) Record Keeping, Information and Disclosure (prevention of undue disclosure, duty to disclose, duty to disclose in order to warn endangered outsiders). Included is an appendix of some leading cases and statutes. (SB)…

(1982). International Education: Values and Perspectives on…Four Human Rights. Teacher Edition. This handbook is for use in teacher center or school district inservice programs designed to raise the levels of teacher interest, understanding, and involvement in incorporating international education into the curricula of the public schools. The introduction in the first section provides background information on the use of the guide and explains its approach toward international education. In the second section, a broad overview is presented of issues and problems involved in securing human rights, and the third section compares human rights under different government forms: democracy, authoritarian dictatorship, and totalitarian dictatorship. In the fourth section, the focus is upon four human rights: (1) the right to due process and a fair trial; (2) freedom of association; (3) freedom of the press; and (4) the right to vote. Each right is treated in a separate chapter. A pertinent section of the United Nations Universal Declaration of Human Rights is quoted, followed by a… [PDF]

FITCHER, JOSEPH H. (1967). GRADUATES OF PREDOMINANTLY NEGRO COLLEGES, CLASS OF 1964. THE PURPOSE OF THE STUDY WAS TO INVESTIGATE THE STATUS OF 1964 GRADUATES FROM COLLEGES ATTENDED PREDOMINANTLY BY NEGROES. THE SURVEYED POPULATION, FROM 50 PREDOMINANTLY NEGRO SCHOOLS, WAS SAMPLED AT THE RATE OF 117 PER SCHOOL. FORTY-NINE PERCENT RESPONDED TO THE MAILED QUESTIONNAIRE. ELECTRONICALLY PROCESSED DATA SHOWED THAT 98 PERCENT OF ALL RESPONDENTS WERE NEGRO, 1.7 PERCENT WERE WHITE, AND 0.6 PERCENT WERE \OTHER RACES.\ NEARLY 40 PERCENT OF THE NEGRO GRADUATES PLANNED TO ENTER HEALTH RELATED FIELDS, AND AN EQUAL PROPORTION TO TEACH. LACK OF FINANCES WAS THE PRINCIPAL DETERRENT TO GRADUATE STUDY AND TRAINING FOR CERTAIN OCCUPATIONS. MORE NEGRO WOMEN ATTENDED COLLEGE THAN MEN. THE MAJORITY WERE INDIFFERENT TO DESEGREGATION ON THEIR OWN CAMPUSES, AND SHOWED NO DESIRE TO PUSH THEMSELVES INTO WHITE SOUTHERN COLLEGES AND UNIVERSITIES. THEY BELIEVED THAT THE BEST OPPORTUNITIES WERE IN LARGE NORTHERN CITIES IN EDUCATION AND SOCIAL WORK, AND THAT PROSPECTS IN BUSINESS WERE POOR. THEIR…

WESTIN, ALAN F.; And Others (1966). CONFERENCE ON YOUNG PEOPLES' ATTITUDES TOWARD AMERICAN LIBERTIES (SUFFERN, OCTOBER 21-23, 1966). THE CENTER FOR RESEARCH AND EDUCATION IN AMERICAN LIBERTIES AT COLUMBIA UNIVERSITY PROPOSES TO IMPROVE THE QUALITY OF EDUCATION ABOUT LIBERTY, JUSTICE, AND EQUALITY IN THE NATION'S SCHOOLS THROUGH A PROGRAM OF BASIC SCHOLARSHIP AND THROUGH THE DEVELOPMENT OF EXPERIMENTAL CURRICULAR MATERIALS. A CONFERENCE OF CIVIC LEADERS WAS HELD TO DISCUSS HOW THE CENTER MIGHT STUDY THE DEVELOPMENT IN YOUNG PEOPLE OF ATTITUDES ABOUT CIVIL LIBERTIES AND FREEDOM IN AMERICAN SOCIETY. THE GROUP SEEMED AGREED THAT THE CENTER SHOULD EXPLOIT ONGOING RESEARCH, SUCH AS NATIONAL OPINION POLLS, AND SHOULD UNDERTAKE SMALL, SPECIALIZED RESEARCH AT THE SAME TIME IT IS DEVELOPING CURRICULUM. SURVEY RESEARCH COULD BE USED, ESPECIALLY TO ASSESS THE IMPACT OF PARTICULAR INTERVENTIONS INTO THE EDUCATIONAL PROCESS, BUT EFFORTS SHOULD BE MADE TO MODIFY AND SUPPLEMENT SURVEYS WITH SUCH TECHNIQUES AS GAMES, ETHNOLOGICAL EXPLORATION, AND NON-RESPONSIVE INQUIRY. SURVEY QUESTIONS NEED NOT BE SHALLOW AND DEPTH INTERVIEWING… [PDF]

Coons, Maggie, Ed.; Milner, Margaret, Ed. (1978). Creating an Accessible Campus. This book was developed to help administrators meet the challenge of compliance with the regulations implementing Section 504 of the Rehabilitation Act of 1973. All colleges, universities, and other organizations that are funded by the Department of Health, Education, and Welfare (HEW) have until June 3, 1980, to make structural modifications necessary to make their programs fully accessible to handicapped persons. Programs are to be accessible now in all cases in which structural modifications are not necessary. Nine chapters and an introduction trace the steps in developing a program for accessibility, from understanding what constitutes a barrier in the built environment to specific recommendations on site and building design and design of science laboratories. The functional relationships between various disabilities and the use of the environment are described. Design requirements associated with these functional relationships are described and illustrated. State of the art…

(1979). Beyond Bows and Arrows. Resource Manual. In spite of their visible prominence and influence on almost every aspect of our society, American Indians remain the least understood group of people. To acquaint symposium participants with the American Indian and to produce greater understanding, this resource manual documents the historical treatment and present status of Indians. Presented are: the constitutional status of American Indians, including sources of federal power, tribal sovereignty, powers of tribal self-government, hunting and fishing rights, domestic relations, taxation, legal status of Indian individuals, constitutional immunity, the 1968 Indian Bill of Rights, rights and privileges of state citizenship, and wardship; American Indian tribes, Eskimo and Aleut groups for which the Bureau of Indian Affairs has responsibility; federal Indian policies from the colonial period through the early 1970's; administrators of U.S. Federal Indian Policy; Commissioners of Indian Affairs from 1832 to the present; important… [PDF]

(1973). Ten Guidelines for Recruiting, Hiring and Retraining Minority Group School Employees. To carry out an affirmative action policy, school districts should base hiring practices on educational goals that aim at acceptance of people as human beings not as minority group members. The hiring practices should employ minority group people to recruit minority candidates for professional and nonprofessional positions, clearly defining qualifications required. After employment, human relations principles can be used to solve intergroup problems, to involve minority people in school and community activities, to open and maintain communication lines, and to assist minority people with difficulties in the community. (Author/DW)… [PDF]

Casteel, J. Doyle; And Others (1974). Valuing Exercises for the Middle School. Resource Monograph No. 11. One of the major goals of the middle school is to help students gain and refine skills in the area of values clarification. One way of securing such value clarification is to plan and assign value sheets–carefully planned and written activities designed to elicit value clarification patterns of language usage from students. Six different formats of value sheets are presented including the standard format, the forced-choice format, the affirmative format, the rank-order format, the classification format, and the criterion format. Each sample value sheet is designed to be used with a social studies unit focusing on the Bill of Rights, the topic of justice, or the concept of due process. Every value sheet contains at least two elements including the social and scientific context which describes an event that occurs or has occurred and is the focus of the student value clarification. In addition, there are eliciting questions in the form of discussion starters to provide a frame of… [PDF]

(1972). Need for Studies of Sex Discrimination in Public Schools. Revised. This memorandum reviews the need for studies on sex discrimination in public schools and suggests groups that should make local reviews and those areas which need reviewing — one sex schools; one sex or practically one sex courses; physical education, sports, and other extracurricular activities; textbooks, library books, and other curricular aids; promotion of teachers; and counseling. Prescriptions for remedial actions are given and a request made that reports of school surveys be sent to the Citizens' Advisory Council on the Status of Women to aid it in its role as advisor to the President and stimulator of leadership and interest in the status of women. The appendix contains a list of useful publications on school systems, stereotyping in books, counseling, federal prohibitions on discrimination in employment, and judicial decisions. This appendix has been up-dated since the original publication of the memorandum, January, 1972 (ED066430). (JH)… [PDF]

(1971). Student Bill of Rights and Responsibilities: Resource Book for Classroom Use. This publication includes lesson plans designed to help students and teachers explore students' rights and their corresponding responsibilities to others in the school and the community. Objectives are to demonstrate that an interrelationship exists between rights and responsibilities, that the freedom of expression inherent in the Student Bill of Rights and Responsibilities and the First Amendment to the U.S. Constitution is relative rather than absolute, and that freedom of expression is a primary concern of the Student Bill. Other aims are to explore the concept of due process; student attitudes and values as they relate to disruptive incidents that occur in school; and to study the balance which must be maintained between the enforcement of law and respect for the dignity of the individual. Teaching strategies include role playing, classroom discussion, debates, case studies, and slide shows. The publication includes five lesson plans which outline objectives, instructional… [PDF]

(1970). Minority Group Employment in the Federal Government, May 31, 1970. Minority employment surveys in the Federal Government are conducted as a part of the overall equal employment opportunity program under Executive Order 11478 issued by the President on August 8, 1969. Data in this report are based on a census of minority group employment in the Federal Government as of May 31, 1970. The census included Negroes, Spanish-surnamed persons, American Indians, Orientals, and in Alaska, Aleuts and Eskimos. Geographically, the survey covered all states (except Hawaii), foreign countries, and United States territories (except the Commonwealth of Puerto Rico). Foreign nationals overseas were excluded, as were all Federal civilian employees not in a full-time status as of May 31, 1970. Data in this report represent world-wide agency summaries, and there intended only as an indicator of overall changes in the status of employment among minority groups at the agency level. Although total Federal civilian employment decreased by nearly 8700 positions from…

Briere, Eugene J. (1978). Limited English Speakers and the Miranda Rights. TESOL Quarterly, 12, 3, 235-45, Sep 78. This paper describes the process used to determine if a Thai individual, of a limited English speaking background, seemed to have enough proficiency in English to understand the "Miranda Rights," designed to inform him of his rights to an attorney. These Rights should be simplified for limited English speakers. (CFM)…

Bezanson, Mary Elizabeth (1987). The Right to Receive through the School Library. Communication Education, v36 n4 p339-46 Oct. Considers the legal meaning of the "right to receive" in light of the many cases where reading material has been censored by being removed from public school libraries. (NKA)…

Stern, Deborah (2002). Building the Bridge between Community College and Work for Students with Learning Disabilities. This paper presents information to assist students with learning disabilities (LD), counselors, and employers in building a bridge between community college and employment. It argues that students must learn to articulate how their LD affects them in a variety of situations, especially those requiring learning and performing work related tasks. Information is then provided on: (1) what students with LD need to know about themselves; (2) questions that can aid teachers, counselors, and parents in identifying the functional impact of a learning disability; (3) a three-step process for determining the need for and type of accommodations a student may require in the type of work he or she is interested in seeking; (4) the importance of disability laws and requirements under the Americans with Disabilities Act; (5) tips for employers; (6) types of questions students should ask in preparing for a job interview; (7) questions students should ask in identifying barriers and accommodations… [PDF]

Leiter, Samuel; Leiter, William M. (2002). Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis. SUNY Series in American Constitutionalism. This book focuses on the legal and ideological controversy over the application of affirmative action policy to combat discrimination based on race, national origin/ethnicity, and gender. After the introduction, seven chapters discuss (2) "The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative Action" (e.g., reconstruction and the origins of affirmative action and white supremacy and the origins of disparate impact); (3) "The Career of Affirmative Action in Employment" (e.g., Title VII and employment discrimination and the unresolved issues of affirmative action in employment); (4) "Affirmative Action and the Primary and Secondary Schools" (e.g., the epochal Brown ruling and recent scholarship on school integration); (5) "Affirmative Action in Higher Education" (e.g., affirmative action and student admissions and the unresolved controversy over nonremedial affirmative action); (6) "Affirmative Action…

Wolters, Raymond (1984). The Burden of Brown. Thirty Years of School Desegregation. The Supreme Court's decision in Brown vs. Board of Education is one of the most important events in the recent history of the United States. Although "Brown" prohibited the use of racial discrimination to separate the races in the Topeka (Kansas) schools, similar cases from Delaware, South Carolina, and Virginia were consolidated on appeal, and a case decided the same day held that public schools could no longer be segregated. This book describes how things have worked out in the school districts where desegregation began. Attention is focused on the districts other than Topeka because their experience better illustrates how the laws have changed and how desegregation has been redefined. Compliance with the Supreme Court's order was readily achieved in Topeka. The Court's major premise was that official segregation constituted a denial of equal protection, while its minor premise held that racial isolation damaged the confidence of black youths and distorted their…

Russo, Charles J., Ed. (2000). The Yearbook of Education Law, 2000. The Education Law Association's yearbook of education law provides lawyers, administrators, and professors with a comprehensive review and analysis of the previous year's state and federal court decisions and legislation affecting the operation, management, and governance of public elementary and secondary schools, higher education, and international education. The 2000 yearbook contains 11 chapters, each covering a separate education law topic authored by an expert in that area. The major topics covered as follows: Employees, school governance, pupils, bargaining, students with disabilities, torts, sports, higher education, students in higher education, federal and state legislation, non-education related (cases having implications for educators), and international law, including cases and legislation from Australia, Canada, England and Wales, Europe, Great Britain, New Zealand, and South Africa. The yearbook includes a table of cases and a list of cases by jurisdiction. (Contains…

(1999). The Council on Quality and Leadership in Supports for People with Disabilities: Personal Outcomes Chart Book. This report describes the genesis, definition and use of the Personal Outcomes database, a database designed to assess whether programs and services are being effective in helping individuals with disabilities. The database is based on 25 outcome measures in seven domains, including: (1) identity, which is designed to provide a sense of how people express themselves as unique individuals; (2) autonomy, which measures control over physical environment, daily schedule, needs for privacy, and privileged and personal information; (3) affiliation, which assesses connections to other people; (4) attainment, which looks at how people define success in both personal and social terms; (5) safeguards, which measure compliance with health and safety codes; (6) rights, which measure fairness and support for individual rights; and (7) health and wellness, which include the outcomes of best possible health, freedom from abuse and neglect, and continuity and security. Findings are presented from… [PDF]

Molohon, Bernard, Comp. (1941). Voices of Democracy: A Handbook for Speakers, Teachers, and Writers. Bulletin, 1941, No. 8. US Office of Education, Federal Security Agency This booklet brings together memorable expressions on liberty and democracy by philosophers, statesmen, and writers of all times. It also presents in brief story form memorable episodes in the never-ending struggle for freedom. The selected references suggest sources of additional material on these subjects. If these quotations and stories find their way into classroom discussions, speeches, radio dramas, and the hearts and memories of the people, this little book, brought out with the hope that it will help educators and others to interpret and make vivid the principles we seek to preserve, will have made its contribution to democratic morale. The contents of this handbook include the following topics: (1) \Give Me Liberty!\; (2) \We Go Forward\; (3) Four Freedoms; (4) Memorable Statements (5) Memorable Stories of Life, Liberty, and the Pursuit of Happiness; and (6) Those Who Lifted their Voices. An index, as well as a list of \Books for Further Reading\ are included. This bulletin… [PDF]

(1982). Associated Schools Embark on an Interregional Project on the Study of Contemporary World Problems. International Understanding at School, n43 p3-11. UNESCO's Associated Schools Project developed an interregional project for secondary school students in Asia, Europe, and Latin America to study disarmament, the new international economic order, and human rights. The reasons for studying contemporary problems and choosing these issues, the stages of the project, and its evaluation are discussed. (IS)…