Pell, Sarah W. J. (1981). Liability of School Board Members. Chapter 9 of a book on school law traces court rulings concerning the liability of school board members. Political and governmental functions performed by school officers have generally been held immune from liability. In Wood v. Strickland, a school case, the U.S. Supreme Court held that while public officials are generally entitled to immunity from damages if they act in good faith, such immunity cannot be extended if the officials knew, or reasonably should have known, that their actions violated a constitutionally guaranteed right. The trend of Supreme Court holdings suggests increased vigilance over school board officials' activities in order to protect employees' constitutionally guaranteed rights. The substantive and procedural due process issues appear to be the most common types of constitutional violation. The issue of awarding damages in a liability hearing is still hotly debated. (Author/MLF)…

Treffert, Darold A. (1978). The Balancing Act: Treatment Rights and Legal \Rites.\. Both clinicians and patients can easily become entangled in the \rights versus rites\ debate–that is, the effort to strike a balance between mandated \right to treatment\ and emerging \right to refuse treatment.\ This paper examines legal and psychiatric precedent and practice in those areas and suggests a practical, prudent and palatable middle ground in solving that crucial dilemma. (Author)…

SINDER, LEON (1964). RESEARCH BULLETIN ON INTERGROUP RELATIONS. THE SURVEY FOR RESEARCH WAS ACCOMPLISHED BY A RESEARCH CENSUS. OVER 90 PERCENT OF THE PROJECTS ABSTRACTED DEAL WITH PROBLEMATIC RELATIONS AMONG MAJOR GROUPS IN OUR SOCIETY. A SMALLER NUMBER FOCUSES ON PROBLEMS OF MINORITY ETHNIC GROUP RELATIONSHIPS. THE GENERAL CATEGORIES ARE LISTED UNDER SUBHEADINGS AS EITHER COMPLETED, ONGOING OR CONTEMPLATED. THE MAJOR CATEGORIES ARE–PREJUDICE, MINORITIES, SOCIETY AND BEHAVIOR PATTERNS, LAW, AND SUGGESTIONS FOR FUTURE RESEARCH….

HORTON, AIMEE (1966). THE HIGHLANDER FOLK SCHOOL, PIONEER OF INTEGRATION IN THE SOUTH. THE HIGHLANDER FOLK SCHOOL, FOUNDED IN 1931 TO TRAIN RURAL AND INDUSTRIAL LEADERS, WAS AN INTEGRATED CENTER FOR LABOR EDUCATION IN THE LATE 1930'S AND THE 1940'S AND FOR NATIONAL FARMERS UNION SESSIONS IN THE EARLY 1950'S. IN 1953 HIGHLANDER ORGANIZED TWO SUMMER WORKSHOPS ("THE SUPREME COURT DECISIONS AND THE PUBLIC SCHOOLS"), FOLLOWED BY SCHOOL DESEGREGATION WORKSHOPS IN 1954, 1955, 1956, AND 1957, IN AN EDUCATIVE ENVIRONMENT BASED ON COOPERATIVE PROGRAM PLANNING AND DECISION MAKING. THE 1955 WORKSHOP, WHICH CONCENTRATED ON A FEW COMMUNITIES WHERE HIGHLANDER FOLK SCHOOL HAD FRIENDS OR FORMER STUDENTS, UNDERTOOK AN EXPERIMENTAL PLANNING PROJECT INVOLVING SOUTHERN COMMUNITIES WITH VARYING PATTERNS OF SEGREGATION, AND PRODUCED TWO SETS OF ACTION GUIDELINES–"A GUIDE TO COMMUNITY ACTION FOR PUBLIC SCHOOL INTEGRATION" AND "BASIC POLICIES FOR PRESENTATION TO SCHOOL BOARDS" (RECOMMENDATIONS FOR PUPIL INTEGRATION, TEACHER AND ADMINISTRATIVE INTEGRATION, AND…

Van Herreweghe, M. L., Ed. (1979). Educational Research in Relation to the Rights of the Child (Les Sciences De L'Education en Relation Aux Droits De L'Enfant). This collection of 24 articles explores how educational research, programs and policies in several countries are related to the issue of children's rights. Several of the collected articles focus on aspects of children's experience and development. Group membership, children's right to happiness, the development of an optimistic outlook among children, students' responsibilities, growing up at school, socialization, personality development, psychological effects of educational programs on immigrant children, the position of the teacher discussing controversial issues, the orientation of children toward work, child abuse and neglect, the human rights of the juvenile delinquent, and individual differences of children are among the topics discussed. Some of the articles explore social conditions and describe institutional practices. The relationship of class differences and equality of opportunity, educational practices and the rights of infants, education in the German Democratic…

(1979). Position Statement on Desegregation. Segregation in the schools contributes to inequality, while desegregation is a legitimate means of achieving equal educational opportunity. Not only is desegregation a constitutional right, but it is sound educational social policy. A commitment to desegregation by State officials is a prerequisite to the reduction of racial isolation and the achievement of equal educational opportunity. Equal educational opportunity is the springboard for equal opportunity in the real world and is the hope of blacks, other minorities and whites for fair participation in the economic marketplace. (Author/WI)…

(1978). Fact Sheets from the ERIC Clearinghouse on Handicapped and Gifted Children: 1978 Series. A series of six fact sheets giving basic information on specific subjects of interest to those working with handicapped and gifted children. The fact sheets, developed by the ERIC (Educational Resources Information Center) Clearinghouse on Handicapped and Gifted Children during fiscal year 1978, are designed in a question/answer format and have resource references. Following are the topics of the fact sheets (with sample subtopics in parentheses): children on medication (administration of medicine in school, alternatives to drug therapy treatment for hyperactivity and learning disabilities); definition of a handicapped child (including deaf, deaf-blind, hard of hearing, mentally retarded, multiply handicapped, orthopedically impaired, other health impaired, seriously emotionally disturbed, specific learning disability, speech impaired, visually handicapped); least restrictive environment (federal laws, placement considerations); being at ease with handicapped children (focus of…

HOWE, HAROLD, II (1966). BEAR SOMETHING AWAY. THIS PAPER SUGGESTS THAT TODAY'S COLLEGE GRADUATES AS RESPONSIBLE CITIZENS CAN FIGHT RACIAL AND SOCIAL INJUSTICES WITHIN THEIR OWN COMMUNITY AND SPHERE OF INFLUENCE. ASPECTS OF THE GENERATION GAP AND WAYS IN WHICH TODAY'S COLLEGE STUDENTS EXPRESS NONCONFORMITY AND DISSENT ARE ALSO DISCUSSED. STUDENTS ARE PRAISED FOR THEIR CONCERN ABOUT SOCIAL AND RACIAL INJUSTICE. THIS PAPER WAS PRESENTED AT COMMENCEMENT EXERCISES, VASSAR COLLEGE, POUGHKEEPSIE, NEW YORK, JUNE 5, 1966. (NH)… [PDF]

Hacker, Helen Mayer (1974). Sexuality, Women's Liberation, and Sex Education. A Preliminary Draft. This report discusses the history of societal attitudes toward the role of women. The question is raised as to whether the present sexual revolution can enhance either sexual fulfillment or civil liberties for contemporary women. This is discussed in reference to the nuclear family, sexual bargaining, cultural assumptions about women's sexual needs, and legal and economic implications. A number of recommended changes are offered which the author believes will foster women's liberation. Sex education is suggested as an important way to promote a humanistic and experimental concept of sexuality, with emphasis placed upon the need for changing attitudes and behaviors, such as: (1) recognition of the importance of female sexual expression; (2) rejection of the double standard between men and women; and (3) the assumption of equal responsibility on the part of both sexes in a sexual relationship. (BW)… [PDF]

Avery, Robert K. (1975). Access and Ascertainment: A Short History of the Issues. The purpose of this paper is to trace the major developments which have served to shape the current issues of access and ascertainment as they relate to America's system of braodcasting. The various topics discussed include the origins of broadcast access, testing broadcast access and the law, the evolution of community ascertainment, revisions and criticisms of ascertainment, and an assessment of access and ascertainment. (TS)… [PDF]

(1974). Guidelines for the Collection, Maintenance, and Release of Pupil Records. The Minnesota State Department of Education has analyzed the issues related to pupil records, defined these issues, and established guidelines that will assist school boards and administrators in the formulation of school policies regarding pupil records. This publication consciously adjudicates between the various potentially conflicting interests of parents, students, administrators, teachers, counselors, employers, and researchers. Court cases are few, but the trend toward litigation is increasing. Because law undergoes change and interpretation, this publication should serve only as a guide rather than as a definitive statement of the law on pupil records. (Author/DW)… [PDF]

(1966). The Report of the White House Conference \To Fulfill These Rights\ (Washington, D.C., June 1-2, 1966). This is the official report of the White House Conference of 1966, \To Fulfill These Rights.\ The reports and recommendations of the sections on economic security and welfare, education, housing, and administration of justice are reprinted in full. A summary of resolutions presented during the conference is included. (NH)…

Rausch, Fred W., Jr. (1974). Gay Liberation and the Public Schools. With increasing frequency, questions concerning the legality of discharging homosexual teachers have arisen. A review of court cases from different jurisdictions provides some guidelines, such as the fact that mere pronouncement by a teacher that he or she is a homosexual is not in and of itself sufficient grounds for discharging a teacher. Conviction of a criminal offense involving homosexual activities would probably constitute sufficient grounds for dismissal. If a teacher describes homosexual acts engaged in with students and openly advocates that students follow this course of conduct should they be so inclined, such a teacher would qualify for dismissal. Somewhere in between the mere pronouncement of homosexual preferences and a detailed explanation of such homosexual acts there exists a gray area which could conceivably give rise to a substantial amount of litigation in the future. (Author/JF)…

Bone, Jan, Ed. (1974). Commission on the Status of Women. Report and Recommendations to the Governor and the General Assembly June, 1974. This report by the Illinois Commission on the Status of Women studied such subjects as employment practices and policies; Illinois labor laws; the family and the employed woman; nondiscriminatory education; and expanded programs to help women as wives, mothers and workers. Its recommendations briefly include: (1) Illinois ratification of the Equal Rights Amendment; (2) implementation of the 1970 Illinois State Constitution as it relates to prohibition of sex discrimination; (3) amendment of the Fair Employment Practices Act; (4) support of state legislative bills on survivor benefits and on increased employment opportunities in state government; and (5) adequate funding for the Commission on the Status of Women. Biographical data is listed for the women senators in the Illinois legislature in June 1974. (Author/HMV)… [PDF]

Abinanti, Abby (1973). American Indian Law Student Associations Education Project. The American Indian Law Student Association (AILSA) at the University of New Mexico Law School developed and secured approval for a Indian clinical law program. Funded by the Donner Foundation, AILSA aided in the development of a student bill of rights and responsibilities for Bureau of Indian Affairs boarding schools. The law program is discussed in 3 phases, and a budget is given. Also presented are 8 appendices–e.g., addresses of students in the special law scholarship program for American Indians, and Bureau of Indian Affairs Manual Guidelines for Admission. (FF)…

Abeson, Alan, Ed. (1972). A Continuing Summary of Pending and Completed Litigation Regarding the Education of Handicapped Children. Reported are summaries of 27 legal cases substantiating the right of handicapped children to equal protection under the law including the right of being provided with an education, and full rights of notice and due process in relation to their selection, placement, and retention in educational programs. Nineteen of the cases concern the right to an education, five the right to treatment, and three placement. Relevant facts concerning the plaintiffs are examined as well as the court pronouncements. Plaintiffs for the right to education seek such measures as a declaration that the provision of unequal amounts of tuition money depending on the category of handicap is unconstitutional, and a permanent injunction requiring educational programs for the retarded in schools, institutions, hospitals, and homes with all costs being charged to the responsible public agency. Cases about treatment protest such elements of institutional life as overcrowding, questionable medical research, lack of… [PDF]

Foxley, Cecelia H. (1972). Recruiting Women and Minority Faculty: An Information Handbook. This handbook provides information on recruiting women and minority group candidates for faculty positions. The first 3 sections give a brief overview of the laws and regulations regarding equal employment opportunity, outline some affirmative action guidelines for recruiting staff, and respond to questions related to affirmative action and equal employment opportunity. The last 2 sections provide information on recruiting women faculty (percentages of women doctorates in the various fields, locations of women graduate students in the last stages of completing graduate degrees, and names and addresses of women's caucuses, committees and professional associations), and recruiting minority faculty (minority enrollments in graduate schools, predominantly black colleges and universities, and national minority group organizations). (Author/CS)… [PDF]

Koontz, Elizabeth Duncan (1972). The Best Kept Secret of the Past 5,000 Years: Women Are Ready for Leadership in Education. Fastback Series, No. 2. The contributions of women to American educational leadership from colonial times to the present have been important but often ignored. According to the author, women have historically suffered from prevailing negative attitudes ranging from masculine fear of economic competition to the age-old theories regarding the mental, physical, and emotional competency of women. The author emphasizes that the time has come for education to dispel sexism and to train people for true economic, political, and social equality. (RA)…

Devol, Kenneth S., Ed. (1976). Mass Media and the Supreme Court: The Legacy of the Warren Years. Second Edition. This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the middle 1970s. Decisions during this period increased the importance of media law to those interested in mass communication, political science, sociology, and other such disciplines. Chapters discuss First Amendment provisions and the Supreme Court justices, prior restraint, postal censorship, obscenity, motion-picture censorship, libel, right of privacy, trial by newspaper and television, public access to the media, and the legacy of the Warren court. (KS)…

Phay, Robert E.; Rogister, George T., Jr. (1976). Searches of Students and the Fourth Amendment. Journal of Law and Education, 5, 1, 57-73, Jan 76. Discusses how the constitutional prohibition of unreasonable search and seizure applies to searches of students and their property by school officials, as indicated by recent court decisions. Most of the cases examined were decided by state courts, since federal courts have not generally been involved in this area. (JG)…

Reutter, E. Edmund, Jr. (1976). Procedures for Student Discipline. IAR Research Bulletin, 16, 2, 1-2,8, Jan 76. Discusses recent federal court rulings setting minimal procedural requirements governing the administration of student discipline by school officials. (JG)…

(1976). AIPRC Jurisdiction Task Force Holds Hearings. American Indian Journal of the Institute for the Development of Indian Law, 2, 4, 20-3, Apr 76. The Jurisdiction Task Force of the American Indian Policy Review Commission (AIPRC) held a series of hearings on jurisdictional issues/problems confronting Native American governments today, and the following four topics emerged as primary areas of concern: Child Placement; Public Law 280; Water Rights; and Hunting/Fishing Rights. (JC)…

Lawson, Michael L. (1976). The Navajo Indian Irrigation Project: Muddied Past, Clouded Future. Indian Historian, 9, 1, 19-29, Win 76. …

Thernstrom, Abigail M. (1979). The Odd Evolution of the Voting Rights Act. Public Interest, n55 p49-76 Spr. The Voting Rights Act was a noble response to the callousness of those who permitted and perpetrated the disenfranchisement of Southern Blacks. However, the political polarization of the society along racial and ethnic lines may be its main accomplishment. (Author)…

Blum, Karen M. (1978). From "Monroe" to "Monell": Defining the Scope of Municipal Liability in Federal Courts. Temple Law Quarterly, v51 n3 p409-26. Examines opinions of lower federal courts that have struggled with problems revised by assertions of municipal liability based on section 1981, the Fourteenth Amendment, and pendent state law claims. Concludes that Monell will compound confusion and inconsistency of lower court opinions on municipal liability. Available from Business Editor, 1719 North Broad Street, Philadelphia, Pennsylvania 19122; $8.00 annually. (Author/PKP)…

Harbison, John L. (1978). Thomas Paine: Eighteenth Century Feminist. Social Studies, 69, 3, 103-7, May/Jun 78. Unlike Franklin, Jefferson, and Adams, Thomas Paine was a feminist, a revolutionary in his time for the cause of women's rights and their liberation from servility. While others considered women second-class citizens whose only place was in the home. Paine argued for the political, legal, economic, and social rights of women. (Author/BC)…

Current, Gloster B. (1978). The 69th–The Post-Bakke Convention. Crisis, 85, 8, 259-76, Oct 78. At the National Association for the Advancement of Colored People (NAACP) 1978 Annual Convention, speeches and discussions were dominated by the effect of the Bakke decision on future college admissions and affirmative action programs. (Author/MC)…

Campbell, Ena (1978). Equality by Default: Women in Dual Roles. Intellect, 106, 2393, 307-9, Feb 78. The struggle for an Equal Rights Amendment (ERA) to the American Constitution is one of the most controversial issues of this era. Discusses the changing role of women amidst a fast-changing society, the styles of those opposing the women's revolution, the debate over women as persons, women in dual roles, and the implications of ERA for the world and the future. (Author/RK)…

Sherman, Mitchell (1978). Equal Employment Opportunity: Legal Issues and Societal Consequences. Public Personnel Management, 7, 2, 127-34, Mar-Apr 78. The legal issues that have led to today's affirmative action programs are reviewed and interpreted. Several studies are reviewed that illustrate the complexity of the equal employment opportunity issue and point out some areas for research that would aid organizations in successfully integrating their work force. (Author/MLF)…

DeCecco, John P. (1977). Studying Violations of Civil Liberties of Homosexual Men and Women. Journal of Homosexuality, 2, 4, 315-322, Sum 77. A description of the present methodology for studying possible violations of the civil liberties of homosexual men and women is provided. Presented at the 1976 American Psychological Association, Washington, D.C. (Author)…