Evers, Irving C. (1972). The Legal Rights of Married Students. This speech, through an analysis of significant court cases, discusses the rights of married students. The cases analyzed center around the application of due process and equal protection rights to married students. Rights of married students that are discussed include the right to attend school and the right to participate in extracurricular activities. The author also discusses the necessity of proving that a married student has an undesirable influence on other students. A related document, EA 004 366, discusses the rights of pregnant students and pregnant employees. (JF)… [PDF]

Birch, I. K. F. (1986). Divining the Impact on Education of an Australian Bill of Rights with and American Rod. Unicorn, Bulletin of the Australian College of Education, v12 n4 p221-25 Nov. Explores the common law-bill of rights debate in Australia and the probable impacts of extending constitutional and statutory rights to the educational system. Closely examined are compulsory education, the courts' role, children's rights, and the law and education interface, with reference to equality and quality issues in the United States. Lists 10 references. (MLH)…

Bartlett, Larry (1985). Legal Responsibilities of Students: Study Shows School Officials Also Win Court Decisions. NASSP Bulletin, v69 n479 p39-47 Mar. A study of federal court decisions issued between February 1969 and the end of 1982 revealed that while students do have clearly defined constitutional rights, they also have many legal responsibilities. Forty-two areas of student responsibility are discussed, and 135 relevant court cases are cited. (PGD)…

Draba, Robert E.; And Others (1976). The Impact of the Goss Decision: A State Survey. Viewpoints, 52, 5, 1-19, Sep 76. Results of this survey indicate that the Goss v. Lopez decision, concerning notice and hearing requirements in school suspension incidents, does not represent an overwhelming administrative burden in Illinois, since many principals have long provided the safeguards that the decision mandates. (MB)…

Zdeb, Michael J. (1975). A Student Right of Privacy: The Developing School Records Controversy. Loyola University Law Journal, 6, 2, 430-45, Spr 75. Current legal ramifications of the right of privacy in students' school records are examined. It is suggested that resolution of the school record problem must be made with the realization that whatever is imprinted on a youth will affect his future and that of society. (LBH)…

Ambrick, Ian, Comp.; Gambara, Jane, Comp.; Gambiza, Kenneth, Comp.; Gora, Jean, Comp.; Masala, Gina B., Comp.; Mudenge, Kudakwashe, Comp.; Mugochi, Yvonne P. C., Comp.; Saurombe, Oliver, Comp.; Vambe, Debra, Comp. (2000). "Our Right To Be Heard": Voices from Child Parliamentarians in Zimbabwe. This booklet outlines a vision as to how the Children's Parliament can become a more powerful, representative, and effective forum to advocate for children's rights in Zimbabwe. Written by a group of current and former child parliamentarians, the booklet is meant to provoke comment and reflection, and to prompt a start among policy makers, ministry officials, non-governmental organizations and young people themselves in ensuring that the Children's Parliament lives up to the high ideals that informed its creation in 1990. The booklet is a compilation of child parliamentarians' experiences to date, and it also incorporates the views of other children who have had no contact with parliament as to what they might expect from such an institution. The booklet is divided into the following sections: "Preface"; "Acknowledgments"; "Introduction"; "The Background of the Children's Parliament"; "Individual Experiences"; "Shortfalls of the… [PDF]

Black, Maggie, Comp.; Blagbrough, Jonathan, Comp. (1999). Child Domestic Work. Innocenti Digest 5. Child "domestics" or "domestic workers" are defined here as children under the age of 18 who work in other people's households, doing domestic chores, caring for children and running errands, among other tasks. This digest focuses mainly on the situation of live-in child domestics, that is, children who work full time in exchange for room, board, care, and sometimes remuneration. The digest is divided into the following sections: "Introduction"; "What We Know about Child Domestic Workers"; "The Implications of Their Work for Child Domestic Workers"; "Challenges for Practitioners: Project Responses"; "Challenges for Practitioners: Research and Advocacy; and Is Regulation Possible?" Contains information about some of the major intergovernmental organizations and international and regional nongovermental organizations (NGOs) working on issues addressing child domestic work. Includes extensive selected readings and…

Walden, John C. (1974). The Student Press. Law and the School Principal. National Elementary Principal, 53, 3, 69-71, Mar-Apr 74. Examines several court cases dealing particularly with censorship and discipline issues arising out of student publications. Makes proposals for \prior submission\ rules. (WM)…

Reutter, E. Edmund, Jr. (1973). Student Rights of Political Expression. IAR Research Bulletin, 13, 4, 1-2,10, Jun 73. The appellate courts do not agree that the precedential value of the Tinker decision is nullified when a school system is confronted with discipline activities. It is recommended there be inquiry and establishment of substantial fact by administrators in such cases. (Author/JN)…

Henson, Kenneth T. (1979). Emerging Student Rights. Journal of Teacher Education, v30 n4 p33-34 Jul-Aug. Because of increased legislation in favor of student rights, teacher educators should include law-related studies in preservice teacher programs. (LH)…

Bartlett, Thomas (2005). Coming out of the Catholic Closet. Chronicle of Higher Education, v52 n16 pA8 Dec. Gay and lesbian professors have become increasingly visible on Catholic campuses, speaking out on issues like domestic-partnership benefits and recognition of gay-students groups. One of the efforts they put in includes the Conference at Santa Clara University, a public gathering of gays and lesbian professors from Catholic colleges…. [Direct]

(2014). Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems. A Study of Juvenile Justice Schools in the South and the Nation. Special Summary. Southern Education Foundation This brief summarizes the findings of the larger study, "Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems. A Study of Juvenile Justice Schools in the South and the Nation." With awareness growing that schools are disciplining and suspending minority students at alarming rates, the report provides powerful evidence that young people placed in the juvenile justice system–predominately minority males incarcerated for minor offenses–are receiving a substandard education. The report, "Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems," argues that education for the 70,000 students in custody on any given day is setting them even further back in their ability to turn their lives around. Drawing upon the most recently available data from the nation's largest database on teaching and learning in juvenile justice systems, the report finds that the quality of the… [PDF]

Dunn, Katherine; Sabree, Nasheed; Suitts, Steve (2014). Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems. A Study of Juvenile Justice Schools in the South and the Nation. Southern Education Foundation With awareness growing that schools are disciplining and suspending minority students at alarming rates, the report provides powerful evidence that young people placed in the juvenile justice system-predominately minority males incarcerated for minor offenses-are receiving a substandard education. The report, "Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems," argues that education for the 70,000 students in custody on any given day is setting them even further back in their ability to turn their lives around. Drawing upon the most recently available data from the nation's largest database on teaching and learning in juvenile justice systems, the report finds that the quality of the learning programs for incarcerated youth have had "little positive, enduring impact on the educational achievement of most children and youth in state custody." In 2009, for example, most "longer-term" students (those… [PDF]

(2014). 36th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2014. Office of Special Education and Rehabilitative Services, US Department of Education This is the 36th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2014. Section 664(d) of the "Individuals with Disabilities Education Act" ("IDEA") (P.L. 108-446), as reauthorized in 2004, requires that the Department of Education report annually on the progress made toward the provision of a free appropriate public education to all children with disabilities and the provision of early intervention services to infants and toddlers with disabilities. The 36th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2014″ describes our nation's progress in: (1) providing a free appropriate public education (FAPE) for all children with disabilities and early intervention services to infants and toddlers with disabilities and their families; (2) ensuring that the rights of these children with disabilities and their parents are protected; (3)… [PDF]

(2014). 33rd Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2011. Office of Special Education and Rehabilitative Services, US Department of Education This is the 33rd Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2011. Section 664(d) of the "Individuals with Disabilities Education Act" ("IDEA"), as reauthorized in 2004, requires that the Department of Education report annually on the progress made toward the provision of a free appropriate public education to all children with disabilities and the provision of early intervention services to infants and toddlers with disabilities. The 33rd Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2011 describes our nation's progress in: (1) providing a free appropriate public education (FAPE) for all children with disabilities; (2) ensuring that the rights of children with disabilities and their parents are protected; (3) assisting states and localities in providing for the education of all children with disabilities, and (4) assessing the… [PDF]

(2014). 32nd Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2010. Office of Special Education and Rehabilitative Services, US Department of Education This is the 32nd Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2010. Section 664(d) of the Individuals with Disabilities Education Act (IDEA) (P.L. 108-446), as reauthorized in 2004, requires that the Department of Education report annually on the progress made toward the provision of a free appropriate public education to all children with disabilities and the provision of early intervention services to infants and toddlers with disabilities. The "32nd Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act (IDEA), 2010" describes the nation's progress in: (1) providing a free appropriate public education (FAPE) for all children with disabilities, (2) ensuring that the rights of children with disabilities and their parents are protected, (3) assisting states and localities in providing for the education of all children with disabilities, and (4) assessing the effectiveness of… [PDF]

(2014). 34th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2012. Office of Special Education and Rehabilitative Services, US Department of Education The 34th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2012 describes our nation's progress in: (1) providing a free appropriate public education (FAPE) for all children with disabilities; (2) ensuring that the rights of children with disabilities and their parents are protected; (3) assisting states and localities in providing for the education of all children with disabilities; and (4) assessing the effectiveness of efforts to educate children with disabilities. The report focuses on the children and students with disabilities being served under "IDEA," Part C or B, nationally and at the state level. Three appendices are included: (1) Infants, Toddlers, Children, and Students Served Under "IDEA," by Age Group and State; (2) "Developmental Delay" Data for Children Ages 3 Through 5 and Students Ages 6 Through 9 Served Under "IDEA," Part B; and (3) Differences in State Reporting… [PDF]

(2014). 35th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2013. Office of Special Education and Rehabilitative Services, US Department of Education The 35th Annual Report to Congress on the Implementation of the "Individuals with Disabilities Education Act," 2013 describes the nation's progress in (1) providing a free appropriate public education (FAPE) for all children with disabilities, (2) ensuring that the rights of children with disabilities and their parents are protected, (3) assisting states and localities in providing for the education of all children with disabilities, and (4) assessing the effectiveness of efforts to educate children with disabilities. The report focuses on the children and students with disabilities being served under IDEA, Part C or B, nationally and at the state level. In particular, Part C of IDEA provides funds to states to assist them in developing and implementing statewide, comprehensive, coordinated, multidisciplinary interagency systems to make early intervention services available to all children from birth through age 2 with disabilities and their families, whereas Part B of IDEA… [PDF]

Levin, Betsy (1986). The U.S. Constitution and Education. Although education is primarily a state function, its importance to our society makes it fertile ground for litigation. The Constitution–by authorizing the Congress to enact legislation–constrains and prescribes what happens in schools. Legislative histories, especially since the early 1960s, are outlined here. The major topics include: constitutional limits on the inculcation of religious, political, and moral values; freedom of expression for teachers and students in the school environment; the free exercise of religion; the requirements of fair procedures in the school environment; and the obligation to provide equal educational opportunity. (BZ)…

Melton, Gary B. (1986). Populism, School Prayer, and the Courts: Confessions of an Expert Witness. New Directions for Child Development, n33 p63-73 Fall. Summarizes author's expert witness testimony in West Virginia court case (1985) involving prayer in public schools. Covers the constitutional issue of separation of church and state, the specific issue of school prayer, the particular law under legal challenge, and the perceptions of a Catholic boy and a Jewish girl directly affected. (NH)…

Kanstroom, Emily (2007). Justifying Torture: Explaining Democratic States' Noncompliance with International Humanitarian Law. Frontiers: The Interdisciplinary Journal of Study Abroad, v14 p51-95 Mar. On June 28, 1951, France ratified the 1949 Geneva Conventions, which prohibited the torture of prisoners of war. On August 2, 1955, the United States of America ratified the same document. Between 1954 and 1962, France fought a war against Algeria, which sought its independence from colonial rule. From September 11, 2001 until the present, the United States has been engaged in what its government has termed "The Global War on Terror," which has involved wars in Afghanistan, Iraq and holding detainees for interrogation at Guantanamo Bay. Although the two cases must be distinguished from one another based on different situational, ideological, and historical characteristics, there are critical commonalities. This study focuses on two distinct research questions: first, what explains the rationale by which France and the United States, two democratic states, violated international and domestic law by torturing prisoners of war? Second, how did these two states justify this… [PDF] [PDF]

Adams, Helen R. (2007). What I Learned: An Interview with Cassandra Barnett. Knowledge Quest, v36 n2 p16-20 Nov-Dec. This article presents an interview with Cassandra Barnett, a school library media specialist at Fayetteville (Arkansas) High School. She is also a member of the AASL Learning Standards Rewrite Task Force, which has been working on developing AASL's new National Learning Standards. Fayetteville schools experienced multiple challenges during 2005-2006, and in this interview Barnett talks about her experience so that other school librarians might learn from it…. [Direct]

Morrison, Marlene (2007). Equality Audits in Education: Exercises in Compliance or Frameworks for Inclusion?. Ethnography and Education, v2 n3 p327-347 Sep. Ethnography is used sparingly in audits, giving "richness" to phenomena which are preferably measured rather than interrogated. This paper considers the development of qualitative tools for equality audits in education settings, drawing upon an equal status review conducted in Ireland during 2005-2006 with dual interests in anti-discrimination legislation and social inclusion. The focus is on three questions: do equality audits provide frameworks for promoting inclusion? Are prospects for use enhanced by mainly qualitative tools? Are tools applicable more widely without compromising the bases upon which they were originally devised? Conclusions suggest that audits provide helpful starting points in areas of equality legislation that have been previously neglected, provided they are considered alongside other approaches and beyond their litigious implications. Embedding equality is seen as a long-term persistent strategy in which audits exemplify commitments to equality as… [Direct]

Mongeon, Rebecca, Ed.; Tambascio, Donna, Ed. (2008). Research & Action Report. Volume 29, Number 2, Spring/Summer 2008. Wellesley Centers for Women The \Research & Action Report,\ published twice a year, is a window on the activities and initiatives at the Wellesley Centers for Women. The report typically features news about the Centers, interviews with researchers, commentary on recent events or social trends affecting women and girls, announcements of new publications, and much more. Articles featured in this issue include: (1) Gen Y Goes to School; (2) Q&A with Erika Kates: A New Staff Partnership Studies Justice for Victims, Justice for Offenders, and Economic Justice; (3) It's Time to Hear from the Youth!; (4) Commentary: Gender Equality Gets a Boost from an Unexpected Corner; (5) Short Takes; (6) Global Connections & Executive Report on Asian Regional Conference–Women and Children: The Human Rights Relationship; (7) New and Notable Publications; and (8) Spotlight on New Research. [Susan Lowry Rardin contributed to this issue. For Volume 29, Number 1 of \Research & Action Report, see ED500770.]… [PDF]

Mahoney, Dan (2008). Ethics in the Classroom: Bridging the Gap between Theory and Practice. Rowman & Littlefield Education Examining ourselves, why we do what we do, is the essence of human psychology and of ethics. The purpose of this book is to show how educators might choose among ethical approaches to decision-making as they face the choices they make each day. Features include the theory-based ethics and case studies of real and significant issues that teachers face in P-12 classrooms. Contains: (1) Introduction: Goals of the Text and Sample Learning Activities; (2) Due Process of the Law; (3) Utility and Agreeableness; (4) The Categorical Imperative; (5) The Greatest Good for the Greatest Number: (6) The Heroic Ideal and Self-Interest; (7) Absolute Truth and Nonviolence; (8) Respect for Persons; (9) A Family Systems Approach; (10) A Story About Confidentiality; (11) Professional Ethics, Moral Values, and Confidentiality; (12) Confidences Betrayed: The Pain Flows in and out in Waves; (13) Inappropriate Relationships; (14) Blind Adherence to School Policies and CPS?; (15) Native Status, Politics, and… [Direct]

Morris, Jerome (2008). Research, Ideology, and the Brown Decision: Counter-Narratives to the Historical and Contemporary Representation of Black Schooling. Teachers College Record, v110 n4 p713-732. Background/Context: Most narratives of Brown v. Board of Education primarily focus on integrated schooling as the ultimate objective in Black people's quest for quality schooling. Rather than uniformly assuming integration as Black people's ideological model, the push by Black people for quality schooling instead should be viewed within the contours of Black political thought, which encompasses multiple ideologies (of which integration represents only one). Purpose/Objective/Research Question/Focus of Study: As Black people searched for quality schooling for their children, many knew that, though legally segregated, some of their segregated Black schools were effectively educating Black children. Unfortunately, the representation of predominantly Black schools in the historical literature is narrow and, as has been noted, primarily focuses on the fiscal inequalities between segregated Black and White schools. Yet, some scholars who have conducted historical research on Black schools… [Direct]

Spofford, Tim (1988). Lynch Street. The May 1970 Slayings at Jackson State College. The story of the 1970 Jackson State College slayings following an unruly anti-war demonstration by black students is pieced together via interviews with students wounded in the gunfire and other eyewitnesses, as well as an examination of public records, court testimony, and newspaper accounts. The events are presented in the context of the history of Jackson, Mississippi, and of the student protests of the 1960s. For the second time in 10 days, law enforcement officials fired upon students on an American college campus. First there had been the killing of four white students by National Guardsmen at Kent State University. Though that event has been remembered as a violent coda to the 1960s, the subsequent killings (two dead and 12 wounded) by law enforcement officials on the black campus in Mississippi have been largely forgotten. However, in Jackson it created a crisis. The story of that town and school is told, noting that litigation in the Jackson State case dragged on for 12…

Buchanan, E. T. Joe (1997). College and University Student Judicial Cases, Incidents, Materials: 1996. This paper presents campus crime statistics for 1993 and 1994 and discusses overall trends in court workloads and criminology. An annotated summary of news reports, books, and legal citations regarding incidents and court findings related to education and particularly higher education are provided. The information is compiled from the Chronicle of Higher Education and from the Westlaw law reporting service. The reader is reminded that individual case decisions do not necessarily have standing in other cases and that the decisions of a Circuit Court are binding only in the states included in that circuit. The topics include: discipline, the Family Educational Rights and Privacy Act and how it has been applied in cases of faculty and administration communication with students and others, and information technology such as the use of the Internet and free term paper services. Other topics addressed are: instructional issues including educational malpractice; athletics; campus crime;… [PDF]

Daniel, John, Ed.; And Others (1995). Academic Freedom 3: Education and Human Rights. This collection of reports gives a picture of educational systems from a human rights perspective, monitoring academic freedom in the context of freedom of thought and freedom of opinion and expression. The World University Service's Lima Declaration on Academic Freedom and Autonomy of Institutions of Higher Education of 1988 is used as the guiding principle for activities that promote and monitor academic freedom. The collection of reports begins with "Monitoring the Right to Education: Reporting to UN Treaty Bodies" by Audrey R. Chapman. Following this introductory paper are four papers on Africa, including "Historical Notes on Academic Freedom in Africa" (Mahmood Mamdani) followed by area studies of Malawi (Richard Carver), South Africa (Teboho Moja and Nico Cloete), and Sudan (Abdelhadi Al-Zubeir Hamad). Part 2, "Asia and the Middle East," includes papers on China (Fang Lizhi), Burma (Myanmar) (Martin Smith), Sri Lanka (Swarna Jayaweera), Tibet…

Routier, Wanda J. (1993). Improving Legal Literacy for Secondary Level Students with Disabilities through Teacher Training Using the Americans with Disabilities Act. This practicum was designed to develop a national teacher training model giving special education professionals at eight sites the background, understanding, materials, and support necessary to teach secondary students with disabilities about their rights, responsibilities, and opportunities under the Americans with Disabilities Act (ADA). Teachers participated in two national training conferences, taught an ADA curriculum specifically written for students with disabilities, and developed future classroom plans. Implementation of the practicum involved conducting the training, writing an implementation guide for the training model, writing the ADA curriculum, conducting site visits, developing the ADA Clearinghouse and Teacher Resource Center, compiling an ADA resource packet, and assisting teachers with overall guidance. Analysis of program evaluation data revealed that teachers increased their ADA knowledge as a result of the training model. A comparison of students' pretest and… [PDF]