Daily Archives: 2024-03-07

Bibliography: Civil Rights (Part 796 of 996)

(1989). Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment. Part A, Rules of General Applicability. This document presents the state of Maine's rules of general applicability and specific rights of children who are receiving services from the Maine Department of Mental Health and Mental Retardation. The first section presents general rules concerning: statement of intent, definitions, basic rights, least restrictive appropriate treatment, notification of rights, assistance in the protection of rights, right to due process with regard to grievances, confidentiality and access to records, fair compensation for work, protection during experimentation and research, and freedom from unnecessary seclusion and restraint. The second section covers rights in inpatient and residential sections. These deal with: statement of intent, privacy and humane treatment environment, individualized treatment or service plan, informed consent to treatment, and free association and communication. The last section presents the rights of such individuals in outpatient settings. These include: statement of…

Aparicio, Teresa, Comp.; Dahl, Jens, Comp. (1990). IWGIA Yearbook 1989. Based on various international sources, this publication gives an overview of events affecting the indigenous peoples of the world during 1898. Part I, the International Work Group for Indigenous Affairs (IWGIA) Annual Report, describes the programs and activities of IWGIA during 1989. Part II addresses issues of political problems and progress, genocide, land disputes, health, and human rights. After an obituary for George Manuel, a great North American Indian leader, the yearbook focuses on particular geographic locations. A map for each section shows the names and locations of the indigenous people, as well as the population of the area. The report discusses the following areas: (1) the Arctic; (2) North America; (3) Central America and Mexico; (4) South America; (5) the Pacific; (6) Australia and Aotearoa (New Zealand); (7) East Asia; (8) Southeast Asia; (9) South Asia; (10) West and Central Asia; (11) Europe and North Asia; (12) Northern Africa; (13) West Africa; (14) the Horn…

Patrick, John J. (1988). The U.S. Constitution in Today's World. A comparative study of constitutions and governments in world history is a key to deeper understanding of the U.S. Constitution. While many countries have constitutions, the United States is among a minority of nations in today's world that has a constitutional government. Many nations' constitutions truly guarantee few protections of individual rights and liberties. Instruction about the U.S. Constitution should focus on the basic constitutional principals in historical, comparative, and global perspectives. Every critical issue of U.S. constitutional history can be reduced to the question of how to balance power and liberty in government. The paradoxical relationship of majority rule with minority rights is a special instance of how to balance power and liberty in a government that is both strong and limited. In a free government there are inherent tensions between power and liberty, majority rule and minority rights, the claims of the individual, and counter claims of the… [PDF]

Dalton, Dennis (1984). The Growth of Individual Rights: Ideas and Politics. International Human Rights Syllabi No. 1. Designed for teachers of undergraduate students with some familiarity with political theory, moral philosophy, and social history, this course outline focuses on individual rights and their realization in the United States and the world at large. The syllabus, arranged in 3 major parts, is subdivided into 16 sections that outline major course topics, usually in the form of 2-8 thought provoking questions, and lists required and recommended readings. Part 1 lists questions and resources concerning the growth of human rights in the modern world, the background of human rights in classical thought, the birth of the modern concept of human rights, the spread of human rights in the 19th and 20th centuries, the British doctrine of rights and the Marxist critique, self-determination and human rights, and human rights in international practice. Part 2 lists additional questions and resources about human rights in the U.S.S.R., Latin America, South Africa, and American foreign policy, and…

Kinoy, Arthur (1987). The Current Consitutional Crisis. Social Policy, v18 n1 p37-43 Sum. Discusses attempts to restrict applications of the First Amendment and weaken constitutionally supported rights, such as those of blacks, workers, women, and crime suspects. Explores theoretical bases of those attempts in the theory of original intent of the Constitution, theory of the inherent power of the president, and concept of New Federalism. (PS)…

Friedman, David R.; Mukamal, Stuart S. (2002). Sex and the Computer. The scenario: Pictures of children in various states of nudity are discovered in an elementary teacher's desk. What does one do? This paper offers guidance, much of it based on common sense, for administrators who may find themselves in a situation fraught with serious consequences if a mistake is made in determining the truth. Court decisions are provided for specific legal guidance. Immediate issues to address are as follows: (1) Is there any right way to proceed? (2) Why and what is one going to investigate? (3) Are there any documents that need to be looked at before starting the investigation? (4) Does one talk to him or search his desk and/or his computer as the next step? (5) If one is going to conduct a search, is it by the administrator or with help from the police or some other outside entity? and (6) Can he be forced to talk, and what can be done if he refuses to talk? The issues associated with this type of situation are complex and require careful actions. The purpose…

Goodey, Chris; Jordan, Linda (2002). Human Rights and School Change: The Newham Story. New Edition. This report recounts the process of desegregation of the education service in the London (England) borough of Newham. It shows how inclusion in the borough began and was sustained by an understanding of inclusion as a human rights issue. It charts the steps which brought about the closure of most of the authority's separate special schools and units over an 18-year period (1984-2002). This publication covers the early days of council policy making, the consultations and compromises, and how those seeking change responded to concerns while keeping their vision in focus. Individual sections address key points, achievements and constraints, history and origins, the arrival of the policy, implementation of the policy, moving onwards, comments and concerns, and a 1996-2002 update. The authors conclude that, if there had been a stronger national strategy to counter deeply embedded prejudices and fears about disability, progress toward inclusion in Newham and elsewhere would have been… [PDF]

Kleg, Milton (1988). Rights in Conflict: An Inquiry Simulation on Smoking. Social Science Record, v25 n2 p30-33 Fall. Presents an inquiry unit of study focusing on the question of rights of smokers and nonsmokers as it may be acted out in a court of law. Includes two phases of data collection, beginning with a springboard scenario and incorporating a simulation during the hypothesis testing stage of the inquiry. References are provided. (LS)…

Durrant, Sue M. (1992). Title IX–Its Power and Its Limitations. Journal of Physical Education, Recreation and Dance, v63 n3 p60-64 Mar. Examines progress in equal opportunities for male and female students made possible by Title IX and other federal and state laws, noting factors which have hampered its enforcement. The article suggests taking action to eliminate inequities which continue to persist in high school and college athletics. (SM)…

DeWitt, Scott W.; Naylor, David T. (1999). Using Trials to Enrich Social Studies Curriculum. Update on Law-Related Education, v23 n1 p32-34 Win. Justifies teaching trials as a way to enrich the social studies curriculum. Explains that by incorporating the study of historical and contemporary trials into social studies classes, it furthers the civic competence of the students. Discusses different teaching approaches ranging from case studies and readers' theater to videos and literature. (CMK)…

(1998). Update on the Courts. Update on Law-Related Education, v22 n3 p33-35 Fall. Describes the court case of Chicago v. Morales in which an anti-loitering ordinance challenged the constitutional right of assembly by giving the police the power to disperse anyone associated with gang members in public. Illustrates the importance of retaining Fifth Amendment rights even after pleading guilty in the case of Mitchell v. U.S. (CMK)…

(2007). UNESCO Guidelines on Intercultural Education. United Nations Educational, Scientific and Cultural Organization (UNESCO) This paper aims to synthesize the central issues surrounding Intercultural Education, and presents the fundamental guiding principles for an intercultural approach to education as viewed by UNESCO. It is divided into three parts. Part I outlines the key issues surrounding Intercultural Education, as well as its objectives and basic operating principles. Part II contains a short presentation of the normative framework for Intercultural Education, based on an analysis of international standard-setting instruments that make reference to education and intercultural issues, and on outcomes from International Conferences. Part III synthesizes the international position on this issue and provides a set of three basic principles that should guide educational policies with regard to Intercultural Education. (Contains 155 endnotes.)… [PDF]

(2007). A Community Speaks: A Report on Little Rock's Coalition-Building for Education Blueprint Dialogues for Action. Intercultural Development Research Association This booklet describes a community dialogue convened by the Intercultural Development Research Association (IDRA) in Little Rock focused on creating a blueprint for action for improved educational opportunities for all children, particularly for minority children. It includes key insights from the experiences, recommendations for action and lists of participants. Specifically, Little Rock dialogue participants cited challenges in their community and made recommendations, in the areas of advocacy and coalition building, fair funding, school accountability, teacher training, equitable access, family leadership, K-12 alignment, and policy…. [PDF]

Petronicolos, Loucas (1996). Tinker, Fraser, and Hazelwood: Which Educational Policies Are Truly "Educational"?. Without question, Supreme Court decisions regarding public school student rights have greatly affected school policies. This paper reviews three decisions of the United States Supreme Court that currently classify the public school student's free-speech and expression rights. The cases include "Tinker v. Des Moines Independent Community School District" (1969), "Bethel School District v. Fraser" (1986), and "Hazelwood School District v. Kuhlmeier" (1988). The paper examines the ideas underlying the educational policies illustrated by the three decisions and evaluates whether these policies are compatible with the aims of public education. It is argued that each of the three decisions enunciate fundamentally different notions about the ends and means of public education, which may be a source of controversy over policy decisions at the school level. In formulating school policy, the scope of inquiry needs to include an appraisal of the appropriate roles…

Gibbs, Annette (1992). Reconciling Rights and Responsibilities of Colleges and Students: Offensive Speech, Assembly, Drug Testing and Safety. ERIC Digest. This brief paper summarizes a full length report of the same title which examines the ongoing debate on the conflicting rights and responsibilities of students and college administrations in the areas of offensive speech, rights of assembly, drug testing and campus safety. On offensive speech and the rights of colleges and universities to regulate it, the courts have ruled against higher education institutions' prohibiting offensive or hate speech because institutional policies have failed to distinguish sanctionable speech from protected speech. Considerations concerning students' rights of association and assembly on campus include the following: that institutions should not deny groups recognition because the college or university does not agree with their views; that student groups should be treated the same as other groups provided they fulfill the same procedural and substantive requirements established by the institution; that colleges are within their rights to emphasize… [PDF]

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Bibliography: Civil Rights (Part 797 of 996)

(1991). The Pupil Nondiscrimination Guidelines for Athletics. Implementing Section 118.13 of the Wisconsin Statutes and PI 9 of the Wisconsin Administrative Code. Revised. This guide is designed to assist schools in fully implementing Wisconsin's pupil nondiscrimination guidelines which provide equal educational opportunity for all of its students. The guidelines focus on discrimination problems in interscholastic athletics and are based on sex equity. Following a foreword and acknowledgements, the document is organized into six sections: an overview; a philosophy; the Administrative Rule; additional definitions of terms; attaining the goals of equity in athletics; and questions and answers. Fifteen appendixes are included: (1) Providing Cheerleaders for Both Boys' and Girls' Sports; (2) School Responsibility if a Complaint Is Filed under the Pupil Nondiscrimination Law; (3) Sample Discrimination Complaint Procedure; (4) Sample Discrimination Complaint Form; (5) WIAA Comparable Sports; (6) Student Interest Surveys; (7) Sample Student Athletic Interest Form; (8) WIAA Constitution; (9) WIAA Bylaws; (10) WIAA Rules of Eligibility; (11) WIAA Due Process…

Gluckman, Ivan (1987). Student Privacy and School Responsibility. Legal Memorandum, Mar. This pamphlet considers students' right to privacy and the application of this right to the confidentiality of information disclosed to administrators and counselors. Privacy is also considered in regard to special problems associated with counseling students about drugs, contraceptives, sexually transmitted diseases, abortion, and possible threat in the case of a dangerous student. Confidentiality in counseling is extremely important and plays a large role in the decision of a student to speak with a counselor, yet the parents of the minor have a legal right to make decisions for their children. To create an atmosphere of trust, students should be told when information will not be kept confidential. Counselors who see students believed to be dangerous may have to refer the student to a mental health professional or authority, because of the schools' obligation to maintain a safe environment. All cases of abuse or neglect must be reported, regardless of the source of information, in…

Schneider-Vogel, Merri (1986). Gay Teachers in the Classroom: A Continuing Constitutional Debate. Journal of Law and Education, v15 n3 p285-318 Sum. Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's conduct. (MD)…

Michel, George J. (1981). Christian Citizenship Education and Free Exercise in Illinois Schools. Illinois Schools Journal, v61 n1-4 p50-59. Reviews the Illinois law that requires students to participate in patriotic activities and discusses court litigation brought to bear by Jehovah's Witnesses, who contend that obligating them to salute the American flag contradicts their right to religious freedom. (GC)…

Bills, Timothy A.; Hall, Patrick J. (1994). Antidiscrimination Laws and Student Affairs. New Directions for Student Services, n68 p47-66 Win. Discusses five antidiscrimination federal statutes that significantly affect institutions of higher education. Intended as a basic introduction to legal issues in higher education and to serve as an impetus for further learning and discussion. Examines cases interpreting the statutes, as well as implications for student affairs practitioners. (Includes citation of 11 court cases and an index.) (RJM)…

Jefferson, Carolyn; And Others (1988). The Evolving Constitution: Middle School Strategies. Update on Law-Related Education, v12 n3 p42-46 Fall. "Equality: Changing the Rules of the Game" is a lesson plan designed to encourage students to explore the changing definitions of equality and its impact. "The Expansion of Voting Rights" lesson plan provides middle school students with an overview of the historical development of voting rights. (GEA)…

Chestnutt, Mark D.; Wood, R. Craig (1995). Violence in U.S. Schools: The Problems and Some Responses. West's Education Law Quarterly, v4 n3 p413-28 Jul. Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)…

Martinson, David (1995). School Public Relations: Do It Right or Don't Do It at All!. Contemporary Education, v66 n2 p82-85 Win. School administrators must enhance public relations, understanding the difference between publicity and genuine public relations, the difference between advocacy and mutual understanding, that public relations is not limited to keeping bad news out of the newspaper, and that student publications are not direct or formal appendages of the school public relations program. (SM)…

Click, J. William (1995). Educating for the First Amendment. Contemporary Education, v66 n2 p86-88 Win. This paper stresses the importance of researching, teaching, discussing, practicing, and understanding the First Amendment to the Constitution of the United States. The paper also examines what the First Amendment means to students in America's schools and colleges and discusses freedom of expression and censorship for students and student publications. (SM)…

McIntyre, Thomas (1993). Reflections on the New Definition for Emotional or Behavioral Disorders: Who Still Falls through the Cracks and Why. Behavioral Disorders, v18 n2 p148-60 Feb. This paper argues that the new federal definition for emotional or behavioral disorders may deny services to many deserving pupils, such as urban socially maladjusted youth, homosexuals, historically oppressed minorities, and students from low-income households. The role of teachers, teacher education programs, and professional groups in this issue is examined. (JDD)…

Kozlowski, James C. (2001). Challenged Dress Code Prohibited Clothing with Offensive Illustrations. Parks & Recreation, v36 n5 p30,32-35,37 May. Discusses the extent to which public recreation programs can regulate attire which many people might consider offensive, noting that the U.S. Supreme Court states that school boards have the authority to decide what constitutes appropriate behavior and dress in public schools. One case involving a student who wanted to wear a Marilyn Manson t-shirt to school is highlighted. (SM)…

(2000). Today's Juvenile Court. Teaching Strategy. Update on Law-Related Education, v23 n2 p40-43 Win 1999-2000. Offers a lesson for secondary students in which they learn about the juvenile court process and procedures from a resource person that visits the classroom. Focuses on the "In re Gault" court case and local juvenile laws. Provides two handouts along with the answers to the questions on handout 1. (CMK)…

Weiler, Erica M. (2004). Legally and Morally, What Our Gay Students Must Be Given. Education Digest: Essential Readings Condensed for Quick Review, v69 n5 p38-43 Jan. Schools have a legal, ethical, and moral obligation to provide to all students equal access to education and equal protection under the law. For many sexual minority students, however, schools are unsafe and survival, not education, is the priority. Schools typically do not have the information, interest, or comfort level to address the needs of sexual minority students. However, school principals are responsible for all students, including sexual minorities. School personnel may be their only support system and, with effective intervention, can have a positive impact on lesbians, gays, bisexuals, and transgenders (LGBT) students. An affirmative environment is more likely when school personnel are knowledgeable about protective factors and the needs of sexual minority students, provide them with support and understanding, and become their advocates and allies. In this article, the author discusses several measures to avoid sexual discrimination against lesbians, gays, bisexuals, and… [Direct]

Madaus, Joseph W.; Shaw, Stan F.; Zhao, Jiarong (2005). Section 504 Practices in One State. Journal of Special Education Leadership, v18 n2 p24-29 Oct. One hundred fifty-four special education directors in one northeastern state were surveyed regarding how specific components of Section 504 were implemented. Mean scores revealed that districts are properly implementing components of the law, including providing Section 504 plans only to students with disabilities, reviewing Section 504 plans on a regular basis, and providing students and families with information on due process procedures. Separate item frequencies revealed that some districts may be providing Section 504 plans to students without disabilities, and that training and information dissemination regarding Section 504 may be inconsistent. Nine percent of the reporting districts indicated that training is "Never" or "Rarely" provided to district staff, while 23% reported distributing Section 504 procedures to district staff only "Rarely" or "Sometimes." An additional 5% did not know whether Section 504 procedures were distributed to… [Direct]

(1977). Toward Educational Equity: A Report of Findings from Outreach Activities of the National Advisory Council on Women's Educational Programs during 1976. The report summarizes testimony of more than 90 individuals and organizations involved with women's affairs and education before the National Advisory Council on Women's Educational Progress. In the Council's linking role between Federal education agencies and the public, it encourages participation through testimony at regional public hearings and through written response. The six Council questions discussed in the report deal with Federal legislation, HEW encouragement of equity in state and local education agencies, directions for research and data dissemination, personnel and materials development, specific age groups and types of education, and special needs of minority women. Responses to these questions suggest three major areas of recommendation. First, teachers, counselors, and administrators should be trained to develop attitudes of equality. Educational personnel should also have skills and materials to implement these attitudes. Second, service to women with special…

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