Fischer, Louis; Schimmel, David (1977). The Rights of Parents in the Education of their Children. This book is about the legal rights that parents have in the education of their children from kindergarten through high school. These rights are of two kinds: the rights that parents have on their own, as parents, and the rights they have as agents for their children. Currently, all the constitutional rights that apply to adults in the community also apply to young people in the public schools. The purpose of this book is to enable parents of public school students to constructively take the law into their own hands. Its aim is to provide them with the knowledge necessary to assert their rights and to bring violations to the attention of teachers, administrators and other parents so that they can help their children receive the kind of education to which they are legally entitled. Specifically, individual chapters deal with: a students' right to be treated fairly by a school disciplinary system; the First Amendment protection of freedom of speech and press; freedom of religion and…

(1978). Due Process in Special Education: A Step-by-Step Resource Manual for Hearing Officers. Intended as a resource both for Hearing Officers who must officiate at due process hearings mandated by the Education for All Handicapped Children Act to determine the educational status of handicapped children, and for those responsible for the training of such officers, the manual outlines relevant information concerning due process, including a recommended step-by-step procedure for preparing for and conducting a hearing and writing a decision. The litigation and legislation granting handicapped children the right to education is reviewed, and an overview is presented of due process, including such aspects as due process procedures for parents and children, protection in evaluation procedures, confidentiality of information, and the Least Restrictive Environment concept. The role of the Hearing Officer is reviewed, and includes the federal requirements relating to such things as the impartial hearing and hearing rights. A sample hearing decision, a master checklist of important…

Wiegers, Nancy; And Others (1976). Title IX: An Overview of the Law for Students. A Student Guide to Equal Rights: Part 2. Title IX is a Federal law prohibiting discrimination in education on the basis of sex. This booklet was written to introduce students to the Law and its implications. Topics covered include: (1) schools affected by the regulations; (2) admissions to schools; (3) entrance to courses; (4) counseling and guidance; (5) extracurricular activities; (6) athletics and competitive sports; (7) marital and parental status; (8) school rules and regulations; (9) student services and benefits; (10) financial aid; (11) curricular materials; (12) facilities; (13) employment; and (14) self-evaluation and affirmative action. Appended to the booklet is information about types of schools, a resource bibliography, and a guide to HEW regional offices. (MK)… [PDF]

Magsino, Romulo F. (1977). Student Rights in Canada: Nonsense upon Stilts?. Interchange, 8, 1-2, 52-70, 77-78. The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)…

Sacken, Donald M. (1988). Regulating Nonpublic Education: A Search for Just Law and Policy. American Journal of Education, v96 n3 p394-420 May. Reviews state policies regulating private education and home instruction that limit parental choice in education. Criticizes judicial response to parental challenges, suggesting that parental interests have been underprotected and state interests have been overprotected. Suggests reasonable bases for state intervention. (FMW)…

Flygare, Thomas (1984). Supreme Court Upholds Exclusive Role for Faculty Unions in "Meet and Confer" Sessions. Phi Delta Kappan, v65 n10 p718-19 Jun. Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)…

Carter, David G. (1976). Children and Student Rights: A Legal Analysis. Urban Education, 11, 2, 185-200, Jul 76. The purpose of the paper is to discuss (chronologically) the history of student rights by analyzing and synthesizing judicial decisions and assessing the future implications the student rights' movement has for educators, noting that the landmark Supreme Court case providing judicial approval for the procedural rights of students was Gault v. Arizona (1967). (Author/JM)…

Mendez, Emilio Garcia (1998). Child Rights in Latin America: From "Irregular Situation" to Full Protection. Innocenti Essays No. 8. Since the ratification of the United Nations Convention on the Rights of the Child by all Latin American countries, many substantial national legislative reforms have been made that reflect the spirit and the letter of the new Convention. This series of essays documents the challenges faced by countries beginning the process of legislative reform, and maintains that this challenge concerns establishing a new culture as well as legislation and that it must be concerned with all children and adolescents without exception. The essays focus on experiences in Argentina, Brazil, and Uruguay and are titled as follows: (1) "Child Legislation in Latin America: Models and Trends"; (2) "Reforms of Child Policies in Latin America: The State, Non-Governmental Organizations and the Judiciary"; (3) "Child Control by Social and Penal Institutions"; and (4) "Child Rights in Brazil: Children and Violence." Contains 72 references. (KB)…

Snider, Glenn R. (1971). Human Rights: A High Priority in Teacher Education. Phi Delta Kappan, 53, 3, 172-173, Nov 71. Describes the activities of the Phi Delta Kappan Commission on Education and Human Rights and Responsibilities. (JF)…

Sendor, Benjamin (1983). When It Comes to School Drug Searches, Take This Prudent Advice: Beware of the Dog. American School Board Journal, v170 n3 p23 Mar. Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)…

Barham, Frank E.; Jones, Roger E. (1982). Students' Rights and the Fourth Amendment. Educational Forum, v46 n3 p357-67 Spr. Examines the fundamental points established by case law in the area of search and seizure of property of public school students. Federal and state court cases are analyzed; and a review of the literature establishes additional points of emphasis. (CT)…

Roos, Peter D. (1978). Bilingual Education: The Hispanic Response to Unequal Educational Opportunity. Law and Contemporary Problems, v42 n4 p111-40 Fall. Discusses the nature of the right to bilingual education, the nature of the program that must be provided, who is directly responsible for it, and the potential conflict between court-mandated desegregation and the support of bilingual programs. Available from Duke University Press, Box 6697 College Station, Durham, NC 27708. (Author/IRT)…

Gross, Norman (1978). Search and Privacy in the Schools. Update on Law-Related Education, v2 n2 p28-31 Spr. Questions whether school officials are justified by the Fourth Amendment in searching students and/or student lockers in public schools. Various case studies are discussed as examples to consider in deciding about responsibilities, powers, and limitations of school officials, and in determining student rights. Journal availability see: SO 507 249. (Author/DB)…

Dowling-Sendor, Benjamin (1997). A Search of Last Resort. American School Board Journal, v184 n11 p18-19 Nov. A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip searches only to prevent imminent harm. (MLF)…

Murphy-Berman, Virginia; Weisz, Victoria (1996). U.N. Convention on the Rights of the Child. Current Challenges. American Psychologist, v51 n12 p1231-33 Dec. Reviews challenges to the United Nations Convention on the Rights of the Child, adopted by the General Assembly in 1989, and ratified by 167 countries, although not the United States. The article gives an overview of six articles in this special section that explore the policy challenges the Convention poses. (SLD)…

Tomkins, Alan J.; Weisz, Victoria (1996). The Right to a Family Environment for Children with Disabilities. American Psychologist, v51 n12 p1239-45 Dec. In light of social science research that indicates substantial psychological benefits for children with disabilities who can remain with their families, and in the context of the U.N. Convention on the Rights of the Child, it is argued that the Federal government should maintain programs that make staying at home possible. (SLD)…

Maherali, Zuleikha (1989). Parenting Rights of the Mentally Handicapped. B. C. Journal of Special Education, v13 n3 p235-52. The paper examines the rights of mentally handicapped people to marry and to bear and raise children. It discusses United States and Canadian societal attitudes, laws, and constitutional issues in terms of the incapacity of mentally handicapped individuals to contract to marry, sterilization as a condition to marriage, and the concept of parenting. (JDD)…

Wiener, Jon (1990). Words that Wound: Free Speech for Campus Bigots?. Nation, v250 n8 p272-76 Feb 26,. Examines the distinctions between protected free speech and discriminatory verbal harassment on college campuses. Cites numerous campus policies and recent Supreme Court decisions. Discusses a proposed guideline based on the direct use of \fighting words\ to insult or stigmatize an individual. (FMW)…

Fernandez, Alberto T.; Pell, Sarah W. J. (1989). The Right to Receive Bilingual Special Education. West's Education Law Reporter, v53 n4 p1067-81 Aug 3. An analysis of the legislation, regulations, and court decisions regarding limited English proficient (LEP) students and exceptional students provides a framework for LEP exceptional children to claim their right to bilingual special education. The case of "Jose P. v. Ambach" explicitly confirmed this right for LEP exceptional children. (MLF)…

Conderman, Greg; Katsiyannis, Antonis (1994). Section 504 Policies and Procedures: An Established Necessity. Remedial and Special Education, v15 n5 p311-18 Sep. Responses to a survey of state special education directors (n=51) revealed that fewer than half of the states have developed policies and/or guidelines on Section 504 of the Rehabilitation Act of 1973, which ensures specific educational rights for children with disabilities. Highlights of available policies are presented, focusing on compliance monitoring, handling complaints, and developing accommodation plans. (JDD)…

Naylor, David T.; Roberts, Kathleen S. (1998). Putting the "You" in "We the People." Teaching Strategy. Update on Law-Related Education, v22 n1 p48-51 Win. Describes a lesson for secondary students for U.S. history or government classes in which they define what a mission statement is and explain how the Preamble to the Constitution of the United States functions as a mission statement. Comments that the students also discuss events that expanded the right to vote. (CMK)…

Hassenpflug, Ann; Riggs, Robert O. (1996). Guilty until Proven Innocent? Protecting the Rights of School District Employees. West's Education Law Quarterly, v5 n2 p225-32 Apr. The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available from the accusing school district for the accused employee. (MLF)…

Jambor, Tom (1990). \Why Play Is the Fundamental Right of the Child.\ Theme Session I. This paper describes an open symposium designed to help participants: (1) better understand the nature of play and the nature of the child in the education process; (2) be more effective in their efforts to facilitate children's growth, development, and learning; and (3) continue to make a difference in children's lives. The notion of play as a medium for learning was presented, and the importance of the play-education-child triad was established and discussed. Fifteen countries were represented in the discussion. Participants came to a concensus on six position statements regarding children's rights in general and the child's right to play specifically. Statements concern: (1) the use of play throughout the entire educational process; (2) the necessity of adults' recognition of the vital role of spontaneous play in child's development; (3) play as a means of improving the society of the future; (4) the child's right to play as a means of reducing the alienation in society; (5) the… [PDF]

Daniels, James H.; Walker, Robert W. (1975). Handicapped and the Law. Agricultural Education Magazine, 47, 11, 251,263, May 75. Two recent State court rulings on the rights of the handicapped in education are discussed. (BP)…

Pollard, William E. (1975). The Need for Conciliation under Title VII. Monthly Labor Review, 98, 3, 48-50, Mar 75. The AFL-CIO is committed to the task of eliminating discrimination and injustice in the workplace and is making efforts to expand the Equal Employment Opportunity Commission's conciliation efforts under Title Seven. (MW)…

Obatala, J. K. (1975). Black Consciousness and American Policy in Africa. Society, 12, 2, 61-64, Jan-Feb 75. An account of increased pressure for a change in American foreign policy toward the white racist regimes in South Africa as a result of a rise in awareness and the level of participation by blacks in the political process. (EH)…

Teeter, Ruskin (1987). The Opening Up of American Education to Black Americans. Students, parents, and teachers of today should know full well that even a whole phalanx of educational reforms does not automatically prevail over the social bigotries that persist from the past. This paper provides an uncomfortable reminder of how the democratic purposes of U.S. education must be sustained not only by court decisions and legislative mandates, but by wholesale public understanding that a continued "opening up" of U.S. schools is the only direction possible in a democracy. (Author)…

(1981). Parents Train Parents: A Plan and a Program. The booklet describes PARENTS TRAIN PARENTS, a project in which parents of handicapped children help other parents understand their rights and responsibilities under state and federal laws. The booklet is intended to help potential adopters modify program aspects for local settings. The model is analyzed in terms of user concerns, program characteristics, minimum standards for replication, and developer-furnished materials (from the PACER Center, Inc.). Five phases of the model are examined: public information and education, workshops for parents of all handicapped children (community-based), workshops for specific groups, advocacy training, and individual advocacy assistance. Additional program aspects addressed are trainees and incentives, necessary conditions for management and staffing, and evaluation. A concluding section cites data on the effectiveness of each of the five phases and considers cost samples. (CL)… [PDF]

DeCrow, Karen (1974). The Man and the Woman Are One. Law in American Society, 3, 3, 18-24, Sep 74. The article discusses the laws governing the institution of marriage, and points out that these laws are not the same for females and males. Laws concerning divorce, alimony, custody of children, child support payments are discussed. The inequalities of the laws are pointed out. (Author/RM)…

Weinberg, Meyer (1974). Chronicle of Race and Schools: December, 1973-January, 1974. Integrated Education, 12, 1-2, 12-19, Jan-Apr 74. Reports on recent developments in the struggle of minority groups to achieve equal civil, social, education, economic and employment opportunities in several states around the country. (SF)…