(2008). The Politics of Illegal Immigration, Bilingual Education, and the Commodity of the Post-Technological Society. Educational Forum, v72 n4 p329-338. With the increasing number of undocumented workers entering the United States and the costs associated with educating their children, bilingual education may soon become the target of opponents of illegal immigration. Furthermore, recent leftist shifts in Latin American governments have provided an impetus for an educated biliterate population that can build bridges with these countries. This will promote safety for all who live within the Americas, protecting them from acts of aggression and terrorism while promoting commerce and shared progress…. [Direct]
(1998). Educators' Knowledge of Rights. Canadian Journal of Education, v23 n1 p29-46 Win. Educators in four Canadian provinces were surveyed to determine their knowledge of rights in educational matters. There was considerable self-confessed ignorance among the 1,137 respondents, with only 5 of the 14 questions answered correctly by a majority. Differences in responses of rural and urban educators and teachers from denominational and public schools in two provinces are discussed. (SLD)…
(1985). A Resource Directory for Individuals with Autism in New Jersey. Autism Outreach Project. This book of resources for autistic children in New Jersey is designed to be used by parents and professionals alike. The first section describes autism and provides a fact sheet, a chart illustrating signs and an explanation of diagnostic criteria. The second section describes the state's service system, with names of written service plans, explanation of types and responsibilities of service coordinators, and guidelines for service application. The third chapter offers a summary of program requirements and state task force guidelines for program selection. The fourth and longest chapter lists and describes 27 programs designed specifically to meet the needs of autistic persons, 54 early intervention programs, 11 regional day schools, 22 day training centers, 35 sheltered workshop programs, and 8 work training programs. The fifth chapter focuses on medical information and offers tips for general preparation for visits to a doctor. A discussion of Supplementary Security Income and…
(1989). AIDS and Education–Why? Why Not?. Every child who enters the doors of the nation's school system deserves an education, including children with AIDS. Parents of AIDS-free children fear that the AIDS-infected child in the classroom threatens the health and safety of the general school community. But according to the U.S. Department of Health and Human Services, casual contact with AIDS patients does not place others at risk of contracting the illness. A child with AIDS is considered handicapped and thus is entitled to all the legal rights that a handicapped student possesses. These rights include the right to receive a free and appropriate education with the same variety of programs and services that children without handicaps enjoy and placement in the least restrictive environment with nonhandicapped children (mainstreamed) whenever possible. According to the legal community, educators are in direct conflict with the nation's laws if they refuse to educate the AIDS afflicted child; therefore, teachers must comply…. [PDF]
(1980). Children's Liberation: An Educational Dilemma in the Making. Significant changes in United States culture during the past 25 years and court decisions resulting from legal suits challenging traditional educational procedures have made the future course of education very unpredictable. The social unrest of the 1960s brought about innovations such as open classrooms and nongrading systems in the wake of increasing awareness of ethnic and disadvantaged groups and individual rights. During the 1970s increased government legislation to ensure individual rights and equal opportunities resulted in \A Bill of Rights for Children\ ensuring protection under the law. Many precedent-setting court cases have maintained that students do not shed their constitutional rights at the schoolhouse door in cases of suspension or discipline. While the courts recognize the right of schools to maintain order, they will intervene where students have been denied constitutional rights of due process, freedom of speech, or the right to privacy. In the 1980s, educators…
(1981). Student Discipline Codes: Developments, Dimensions, Directions. A Legal Memorandum. In considering written codes of student conduct, it is important to distinguish between discipline and codes of discipline and between legal necessity and educational desirability. Educators remain free to decide about the desirability of diverse disciplinary measures so long as the minimal constitutionally mandated procedures are followed. In fact, a school has the authority to discipline students without written rules, except in Massachusetts, where publication and filing of student conduct regulations is required. The jurisdiction of a school to punish has generally extended to the point where the student's misbehavior has a direct and detrimental tendency to injure the welfare of the other students in the school. Since court cases control much of life today, school administrators who rewrite their discipline policies must be cognizant of constitutional rights and educational law. Discipline codes should provide for fairness, fact-finding, fullness of information, candor,…
(1974). Serna et al. v. Portales Municipal Schools et al. The appellees, all Spanish surnamed Americans, contended that the appellants deprived them of their right to equal protection of the laws. After hearing all evidence, the trial court had ordered the Portales schools to submit a plan for remedial action within 90 days. Appellees thereafter filed a Motion for Hearing to hear their objections to the appellants' plan and to introduce their own proposed bilingual-bicultural program. After reviewing both parties' programs, the trial court entered final judgment, which included: all students in grades 1-3 receive 60 minutes per day bilingual instruction; a bicultural outlook be incorporated in as many subject areas as practicable; testing procedures be established to test the results of the bilingual instruction and adjustments made accordingly; and junior high students be tested for English language proficiency and, if necessary, further bilingual instruction should be available. Appellants appealed, positing two grounds for reversal:…
(1988). Convincing State Legislatures to Ban Corporal Punishment. Children's Legal Rights Journal, v9 n33 p21-24 Spr. Using various means, 11 states have legislated a ban on school corporal punishment. Persuading other state legislatures to abolish it requires the following steps: develop a materials and information base, build broad-based support, use the media, move the bill through the state legislature, achieve incremental success, and overcome barriers. (JDD)…
(1985). A Supreme Court Case Preview. Does the Fourth Amendment Belong in School?. Social Education, v49 n1 p76-78 Jan. In New Jersey v. T.L.O., a case argued in 1984, the Supreme Court was asked to decide whether incriminating evidence found by a school assistant princial during the search of a student's purse can be used in a criminal trial. Issues, facts, background, and arguments of the case are provided. (RM)…
(1984). The Legal Relationship between the American College Student and the College: An Historical Perspective and the Renewal of a Proposal. Journal of Law and Education, v13 n3 p401-16 Jul. Litigation has not clearly defined the relationship between students and colleges. Courts have applied contract theory, in loco parentis, and constitutional theory. A concept based on trust that accepts the uniqueness of the educational process is presented as the most feasible way to define students' relationship to college institutions. (MD)…
(1999). Education Rights of Homeless Students. This document is designed to help New Jersey parents, guardians, and caregivers understand the legal concepts and procedures involved in disputes over the enrollment of homeless students in local public schools. It also informs them of their legal rights. The requirements of the McKinney Act and of the state regulations concerning the education of homeless children are intended to minimize interruptions in schooling when a child becomes homeless. Therefore, any time that a school district does not follow these rules and procedures, the problem should be brought immediately to the attention of the Homeless Children and Youth Program in the Office of Specialized Programs, New Jersey Department of Education. The rules governing the education of homeless children in New Jersey are found in New Jersey Administrative Code, Title 6, Chapter 5. The state regulations focus on: when a child is considered homeless for purposes of enrollment in a public school; what happens if a child becomes… [PDF]
(1982). Defining the Issue: Sexual Harassment in College and University Life. Contemporary Education, v54 n1 p48-52 Fall. Sexual harassment in higher education is difficult to isolate, define, and prosecute because of academic freedom, lack of firm guidelines and policies, and the sensitivity of the student-mentor relationship. In the wake of suits and legislation, universities and colleges have begun to establish policies and procedures to prevent and monitor sexual harassment. (FG)…
(1996). Application of the U.N. Convention on the Rights of the Child to the United States. American Psychologist, v51 n12 p1246-50 Dec. Reviews the constitutional and political issues that are likely to be considered as the U.N. Convention on the Rights of the Child moves toward ratification by the U.S. Senate. A review of juvenile justice, education, religious freedom, and definitional concerns concludes that political issues are the real stumbling block. (SLD)…
(1995). Censorship: The Best Defense is a Strong Offense. Contemporary Education, v66 n2 p103-05 Win. Educators must respect parents' rights to protect their children from harmful books, but they must also see that one individual or group does not censor valuable books from every child. The paper discusses recent increases in censorship, presenting suggestions for making the best defense and offense when handling book complaints. (SM)…
(1990). Are the Rights of Young Gifted Children Really Protected under Legislation?. Canadian Journal of Special Education, v6 n1 p72-78. This case study presents the legislative process as experienced by an Ontario, Canada, family in their attempts to secure relevant educational opportunities for their highly gifted young son. The appeal process and results of a provincial tribunal are documented, and personal insights of participants are reported. (Author/JDD)…