Boreson, Lynn A.; Rozalski, Michael E.; Yell, Mitchell L. (2006). Using Seclusion Timeout and Physical Restraint: An Analysis of State Policy, Research, and the Law. Journal of Special Education Leadership, v19 n2 p13-29 Nov. Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite controversial. Typically, professionals who use these procedures assert that they are sometimes needed to safely manage dangerous student behaviors. On the other hand, many opponents of the procedures argue that seclusion timeout and physical restraint are used far too often in public school settings; they contend these interventions have no place in schools. Specifically, opponents argue that seclusion timeout unnecessarily removes students from the classroom and denies them a fundamental right to an education, and physical restraint may lead to serious student injuries when used inappropriately. This difference in opinion has resulted in a… [Direct]

Lindahl, Ronald (2006). The Right to Education in a Globalized World. Journal of Studies in International Education, v10 n1 p5-26. This article explores the fundamental issues related to education as a human right, particularly in the context of rapid globalization. The 1948 Universal Declaration of Human Rights, the United Nations' 1959 Convention on the Rights of the Child, and the UN International Covenant on Economic, Social, and Cultural Rights all declare education to be a fundamental human right. Further discussion has continued at the Education for All conferences held in Thailand in 1990 and Senegal in 2000 as well as in the International Commission on Education for the 21st Century's report to the UN Educational, Scientific, and Cultural Organization. However, there is no consistent definition of what amounts, qualities, forms, and content of education meet the minimum requirements to fulfill that right. In a globalized world, this issue becomes even more complex. Questions arise as to who should provide education, for whom, how, with what content, and under what conditions…. [Direct]

Birtwistle, Tim (2006). Are We Collectively Guilty of Complacency? An Update on the Continued Confusion over What Is Academic Freedom and What May Become a Battle for Academic Freedom. Education and the Law, v18 n2-3 p207-215 Jun. Academic freedom has, since 2004, increasingly made the headlines of the higher education papers and journals in the United Kingdom. New legislation has added to the confusion in terms of what law applies and what might apply. This article provides an updated analysis of this confused area. (Contains 14 notes.)… [Direct]

(1995). Voices of Freedom: America Speaks Out on the ADA. A Report to the President and Congress. This report examines the implementation of the Americans with Disabilities Act (ADA) during the 5 years since its passage in 1990. An introductory chapter considers the overall importance of the Act; the continuing interest of the National Council on Disability (NCD) in the ADA; and the visits of NCD representatives to each of the 50 states, the District of Columbia, and the Virgin Islands to conduct town meetings of consumers and those involved in ADA implementation. Major findings are reported in terms of the ADA's effect on: (1) greater access to the physical environment; (2) increased access to employment opportunities; (3) easier communication and mobility; (4) modest implementation costs (despite exaggerated predictions); (5) strengthening of the roles and self-images of Americans with disabilities; and (6) creation of positive changes in American culture. The overall finding is that the law has begun to move the country toward becoming a society in which all Americans,… [PDF]

Ramirez, Ray, Ed. (1993). Freedom of Religion: A Time for Justice. Second Special Edition. NARF Legal Review, v18 n2 Sum. This special theme issue outlines the history of discrimination against traditional Native American religions, including recent Supreme Court decisions. "Discrimination and Native American Religious Rights," by Senator Daniel K. Inouye, discusses the compelling government interest in eradicating discrimination and describes two Supreme Court decisions denying constitutional protection of tribal sacred sites and the practices of minority religions. "The Repression of Indian Religious Freedom," by Patricia Nelson Limerick, examines the history of federal policies suppressing Indian religious liberty. Public policy long assumed that the "civilization" of the Indians and their conversion to Christianity were inseparable. During the 19th century, a missionary movement swept through the United States, and federal funds for Indian education provided partial support for missionary schools. The question of religious liberty was viewed as a matter among Christian… [PDF]

Bennack, Frank A., Jr. (1987). The American Public's Knowledge of the U.S. Constitution: A National Survey of Public Awareness and Personal Opinion. A Hearst Report. The goal of the Hearst survey was to measure the public's knowledge of the U.S. Constitution. This report is divided into three sections: (1) a report on the survey in the form of an address to the National Conference of Bar Presidents; (2) the survey findings; and (3) the survey methodology. The survey itself, in which 1,004 respondents were interviewed by telephone, contains four parts. The first group of questions, found in part 1, was designed to determine the public's understanding of the Constitution's origin. Only 54 percent knew the purpose of the original U.S. Constitution was to create a federal government and define its powers. Twenty-six percent believed the document's purpose was to declare independence from England. Only 40 percent knew the Bill of Rights is comprised of the first 10 amendments to the original Constitution. Part 2 of the survey explores the U.S. public's knowledge of the presidency and the Supreme Court. The public tends to overestimate the domestic…

Jennings, Ralph M.; Richard, Pamela (1974). How to Protect Your Rights in Television and Radio. To help citizens and citizen groups who are trying to make television and radio more responsive to public needs, tastes, and desires, a handbook sponsored by the United Church of Christ spells out government regulatory policies and the public role in them. Sections describe the various roles of the Federal Communications Commission, Congress, the White House, and the Courts and outline the broadcaster's responsibilities and his legally-mandated relationship with the public. Citizens are told how to start a public-interest group and how to intervene in license-renewal proceedings. FCC-required program reports and forms are explained and summarized, both for commercial broadcasting and educational stations. Appendixes include a bibliography of FCC policies, a list of organizations offering assistance to citizen groups, a state-by-state listing of license-renewal dates, and the text of an agreement between a citizens' group and a Dallas broadcasting station. Samples of a renewal…

Stapleton, Margaret (1976). Rights to Equality for Disabled Persons under Federal and State Law. Rehabilitation Counseling Bulletin, 19, 4, 597-605, Jun 76. Legislation has mandated equal opportunity in American society for persons with handicaps, creating mechanisms for ending discrimination against them. Access to education, employment, public transportation vehicles and other facilities, and community living situations is specifically guaranteed in federal legislation. State statutes and municipal ordinances have buttressed the federally protected rights. (Author)…

Feinerman, James V. (1992). A Criminal Case in the Chinese Courts. Update on Law-Related Education, v16 n3 p21-27 Fall. Describes a criminal case decided in the People's Republic of China in March 1991. Discusses the development of the modern Chinese legal system. Compares criminal law in China and the United States. (CFR)…

(1992). Student Access: A Resource Guide for Educators. Section 504 of the Rehabilitation Act of 1973. This collection of information pieces is intended to help school personnel make better decisions regarding compliance with, first, Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against persons with disabilities and, second, with the Individuals with Disabilities Education Act (IDEA). It is stressed that some students may have physical or mental conditions which entitle them to rights or protection under Section 504 even though they do not fall into IDEA categories. The collection includes: an IDEA/504 flow chart; a chart showing distinctions between 504 and IDEA eligible students; and a table comparing IDEA and Section 504. Most of the document consists of appended material covering: definitions under Section 504; discrimination under Section 504; Sample local school districts policy statements on Section 504 policy; a list of procedural safeguards/parent rights; a Section 504 Policy/Procedures Checklist; guidelines for parent/student rights in… [PDF]

(2002). Balancing Rights: Education Law in a Brave New World. Papers [of the] Education Law Association (ELA) Annual Conference (48th, New Orleans, LA, November 14-16, 2002). This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and security; educational financing; accountability and educational malpractice; assessments and high-stakes testing; teachers rights and responsibilities; school desegregation; special education; equal protection under the Constitution; employee rights; school dress codes and uniform policies; performance pay for superintendents; charter schools; academic freedom; technology in education; students rights; freedom of speech; the teaching of law; and sexual misconduct. (Contains an author index.) (WFA)…

Schlene, Vickie J. (1992). Children's Rights. Social Education, v56 n4 p201-02 Apr-May. Provides a sampling of citations in the ERIC database on children's rights. Includes human rights education, United Nations' conventions, state takeovers of local school districts, and federal law as it affects student rights. Covers child abuse, corporal punishment, child welfare, and child advocacy. (DK)…

Crampton, Faith E.; Vesely, Randall S. (2007). Dynamic Contexts in the Education of Multicultural Students with Disabilities in the Urban School Environment. Multicultural Learning and Teaching, v2 n1 p1-9 Jan. The challenges in improving and sustaining success of children from multicultural backgrounds with disabilities in urban school districts manifest themselves in the contextual dynamics of legal, accountability, demographic, and fiscal terrains. Within each of these areas, educational leaders must solve existing problems of underservicing, overidentifying, inadequately funding, and unnecessarily placing multicultural students in restrictive special education placements. In this article, we focus on these terrains…. [Direct]

Viteritti, Joseph P. (2007). The Last Freedom: Religion from the Public School to the Public Square. Princeton University Press The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself–still less its free exercise in any situation that is not absolutely private. In "The Last Freedom," Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, and provocative book, Viteritti argues that Americans must guard against debasing politics with either antireligious bigotry or religious zealotry. Drawing on politics, history, and law, he defines a new approach to the church-state question that protects the religious and the secular… [Direct]

Cunniff, Daniel T. (2007). Due Process and Teacher/Administrator Responsibilities in the United States. College Teaching Methods & Styles Journal, v3 n4 p55-60. This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school districts, which ignore the fact that they are acting in place of students' parents and cannot overstep their bounds. The author stressed the fact that it is up to school officials to educate themselves as to their legal responsibilities. The study covered key issues including due process, suspension and expulsion, student searches, and sexual harassment. Case studies were cited and suggestions for litigation avoidance offered…. [Direct]

Alsop, Steve; Dippo, Don; Zandvliet, David B. (2007). Teacher Education as or for Social and Ecological Transformation: Place-Based Reflections on Local and Global Participatory Methods and Collaborative Practices. Journal of Education for Teaching: International Research and Pedagogy, v33 n2 p207-223 May. This paper offers reflections on two transformative teacher education projects. The first a global communities module is set in a university in Vancouver and utilizes the lens of social ecology to examine the roles of teachers in bringing an awareness of local/global issues to their students' learning experiences. The second, a Canadian International Development Agency (CIDA) teacher education project located in rural Peru, involves the collaboration of universities in Canada, Mexico and Peru. The projects are united in their use of "critical place-based" transformative teacher education agendas and democratic participatory methods. We use our experiences in these projects combined with relevant literature to explore three questions: (1) What inspirations might be drawn from our critical place-based participatory approaches? (2) What might these approaches offer in response to the United Nation's Decade of Education for Sustainable Development [UNDESD]? (3) Does the UN… [Direct]

Black, Maggie (1994). Monitoring the Rights of Children. Innocenti Global Seminar (Florence, Italy, May 23-June 1, 1994). Summary Report. In spring 1994, a seminar involving children's rights activists and researchers was held to examine how the monitoring of children's rights, within the context of the United Nations Convention on the Rights of the Child, supports the monitoring of the goals agreed to at the World Summit for Children. The seminar also reviewed the state of the art of child rights monitoring; examined international, national, and sub-national monitoring efforts; and made recommendations to improve the monitoring of children's rights. This seminar report contains sections covering: (1) the monitoring process, including a discussion of indicators of progress and the need to combine watchdog and measurement activities; (2) the holistic vision of children's rights of the Convention on the Rights of the Child, and the clusters of survival, development, protection, and participation rights and provisions identified at the seminar; (3) monitoring at national, sub-regional, sub-national, and international…

Gonzalez, Orlando B. (1992). The Effects of an Inservice Program on School Administrators' Knowledge Concerning the Fourth Amendment's Applicability to Student Searches and Seizures. Findings of a study that examined the effect of a 13-week inservice program on administrators' awareness of laws governing student searches and seizures are presented in this practicum report. Four school-site administrators participated in the project once a week. Program activities included case analyses, role-playing exercises, and critical-thinking worksheets. Pre- and post-test surveys indicate that participants made significant gains in their knowledge and understanding of laws that regulate student search and seizure. Implications are that school districts must communicate legal information to school-site administrators and develop a district curriculum. Appendices contain a manual that outlines the relevant law regarding student search and seizure, critical-thinking worksheets, and survey findings. (Contains 37 references.) (LMI)…

Gibbs, Annette; Hendrickson, Robert M. (1987). The College, the Constitution, and the Consumer Student. ERIC Digest. Recent legal developments concerning college students and colleges and universities are summarized, with a focus on constitutional issues related to the rights of students to organize, the collection and allocation of mandatory student activity fees, and the protection of freedom of speech regarding commercial enterprises. The status of educational malpractice and implications for policy and practice are considered. Guidelines are included on students' First Amendment rights and ways to balance the constitutional rights of students and the prerogatives of the institution in regard to speech-related activities of student organizations. Consideration is given to court rulings concerning commercial solicitation, a form of commercial speech. Four requirements that must be satisfied to ensure implementation of free expression by vendors are identified, based on Supreme Court decisions about restrictions regarding time, place, and manner of individual expression. Policy considerations are… [PDF]

Burnim, Ira A. (1990). Strengthening the Role of Families in States' Early Intervention Systems: Policy Guide to Procedural Safeguards for Infants and Toddlers and Their Families under Part H of the Education of the Handicapped Act. This book presents recommended policies and procedural safeguards for programs serving infants, toddlers and their families under Part H of the Education of the Handicapped Act. Policies are presented in five chapters covering: (1) consent to assessment, evaluation and services; (2) notice of parents' rights and of proposed actions; (3) right to review and correct records; (4) confidentiality of personally identifying information; and (5) administrative procedures for resolving parents' complaints. In each section key provisions of Federal law and regulations are identified followed by annotated policy recommendations. Seven appendixes include a list of members of the Procedural Safeguards Task Force, a list of 64 recommended policies, an outline of relevant legislative history, and the texts of Part H of the Education of the Handicapped Act, Federal Regulations Implementing Part H, Federal Regulations Implementing Part B, and Federal Regulations Implementing the Family Educational… [PDF]

Goring, Mary Beth; Martindale, Maura E. (1989). Delivery of Services to Hispanic Families with Young Hearing-Impaired Children: One Model. Part I [and] Part 2. The number of Hispanic school-age children with hearing impairments in the United States is rising. Hispanic parents who discover that their baby has a hearing impairment lack basic information about deafness and experience guilt feelings about the cause of their child's hearing loss. They often do not know how to obtain information or medical care. Initiation of services in the school district often takes far too long, and parents are not familiar with the educational rights of their children. Parents do not understand how to care for, test, and encourage their child's use of hearing aids. The John Tracy Clinic in Los Angeles, California, is a private nonprofit agency that provides free educational, audiological, and psychological services to families that choose the oral communication option for their deaf children (ages birth through 6 years). The program is based on the principle that parents are their children's primary teachers of language. Hispanic parents undergo… [PDF]

Mills, Joseph A. (1978). The Implications of the Family Educational Rights and Privacy Act and How They Relate to the New Roles of College and University Counselors and Support Personnel. The Family Educational Rights and Privacy Act was passed in 1974 because some legislation was needed in order to discourage the abuse of individual rights due to the personal prejudices and/or disapproval of others. There are thousands of persons in American society who because of advanced educational training and a keen sense of perceptivity, can virtually control the lives of others who depend on them for guidance and help in decision making. Professional educators occupy a large segment of this perceptive elite. They possess far more influence over the lives of many people than some members of the profession realize. Thus, it is vital that educators be aware, continuously, of their attitudes and behaviors that directly influence the lives of millions who have given them the privilege of leadership. In higher education, counselors, financial aid personnel, admissions officers and student activities directors can literally make or break the academic career of a student, whether…

Conklin, Gerald T., Comp.; Wilcox, Christopher J., Comp. (1971). Inquiry. A Project of the Wisconsin Bar Foundation. This manual consists of comprehensive outlines of instruction programs to teach high school students about the U.S. laws and legal systems. The outlines are intended to supplement earlier program materials published by the Wisconsin State Bar and are keyed to instructional units in the master schedule. The teaching approach is one of continuous interchange between instructor and student. Included in each outline are a general goal statement, activities and exercises, supplementary materials, and suggestions for outside reading. Outlines are presented on the following topics: Disruption and Free Speech; Sample Current Laws; the Student Buyer; Landlord-tenant; the City, Ecology, and the Establishment; the Student at School; the Student at Home; Bill of Rights; Jobs and Business; Cars and Legal Problems; and Selective Service Law. (Author/RM)… [PDF]

Blanchard, Joseph D. (1972). The Testing of Native Americans. The Bureau of Indian Affairs Task Force on Testing has developed a testing policy to aid Native American students in securing quality education and to improve the quality of the Bureau's educational programs. The Task Force reached the conclusion that most if not all commercially available standardized or norm-referenced tests unfairly discriminate against the Native American in such a manner as to deprive him of equal education opportunity and the subsequent denial of equal opportunity in pursuing higher education and the attainment of economic freedom and security. The testing policy is based on two primary positions: that standardized tests developed on population norms, having as their primary purpose the ranking of students on inferential scales so they may be compared with one another, should be phased out, except as specified; and that criterion-referenced tests tied to curriculum content and integral with educational and behavioral objectives become the tests of choice. The…

Rhode, Deborah L. (1984). Conflicts of Interest in Educational Reform Litigation. American Journal of Education, v92 n4 p440-72 Aug. Explores conflicts between plaintiff in educational reform litigation and examines decisions, interviews, and case histories of disputes over busing, mainstreaming, and deinstitutionalization. Next, discusses the inadequacies of existing procedural mechanisms for coping with such problems, with a focus on the litigation of courts in dealing with class conflicts. (KH)…

Fiscus, James W., Ed.; Pollack, Ira, Ed. (2000). The Safety Zone, 2000. Safety Zone, v2 n1-3 Spr-Fall. This publication is concerned with how to keep schools safe. The spring 2000 issue "Zero Tolerance: Effective Policy or Display of Administrative Machismo?" (James W. Fiscus) discusses how difficult it is to determine just what zero tolerance means and reminds readers that schools were required to pass zero tolerance rules to remain eligible for funds under the Elementary and Secondary Education Act (ESEA). Other articles in the newsletter are "Check Your Free Resources First" (Michael S. Dorn; Karen Franklin; Sonayia Shepherd) and a guest column, "Student Voices: We Must Be Partners" (Jennifer McKay). The summer 2000 issue "Fighting Hate Speech" (James W. Fiscus) discusses hate crime statistics and current trends in hate groups. Other articles include a guest column, "Youth Summits Give Students a Voice" (Nisan Chavkin) and a student column, "Student Voices: Helpful Insults" (Zack Moore). The fall 2000 issue "New… [PDF]

Luby, Robert R. (1980). Detroit. Effects of Federal Legislation on Physical Education Programs in Three Big Cities. Journal of Physical Education and Recreation, v51 n1 p34-36 Jan. According to a report from Detroit, physical education programs generally seem to benefit more from federal legislation concerning equal educational opportunity than do academic programs, although both are visibly affected by the government mandates. (LH)…

Wickum, Beth (1992). Sexual Harassment in School: Protecting Students from Their Peers. Journal of Intergroup Relations, v19 n3 p13-18 Fall. Recent court decisions are putting educational institutions on notice that positive actions to prevent sexual harassment in schools may be required to limit the school's liability. Providing information about sexual harassment to students and school personnel will help ensure that all parties are aware of their rights and responsibilities. (SLD)…

Scott, Sally S. (1990). Coming to Terms with the "Otherwise Qualified" Student with a Learning Disability. Journal of Learning Disabilities, v23 n7 p398-405 Aug-Sep. This article discusses terminology in Section 504 of the Rehabilitation Act of 1973 referring to "otherwise qualified" individuals with disabilities, with particular reference to students with learning disabilities. Current practices and issues in implementing the law with learning-disabled students are evaluated in light of legal principles, and guidelines are offered. (Author/PB)…

(2005). Human Rights Education Can Be Integrated throughout the School Day. Childhood Education, v81 n3 p158-D Spr. Research indicates that few state departments of education have actually mandated human rights education in their schools. Clearly, individual teachers will need to take responsibility for the integration of peace education and human rights education. By integrating human rights education and peace education into the daily fabric of the school day, there is a potential in taking first steps toward the integration of human rights education. Here are a few ways to begin: (1) display a poster on the Declaration of the Rights of the Child or the Universal Declaration of Human Rights; (2) find a project that children can participate in–one that would be tangible to them; (3) expand children's global awareness by using a world map; (4) teach conflict resolution, modeling how to use it when a problem becomes evident; (5) clip articles from the newspaper and read them to the children each day; (6) use lesson plans expressly created for human rights education, such as those found in The…