Carey, Moses; Crumpler, Diane C. (1987). Employment Considerations of AIDS in Dental Institutions. Journal of Dental Education, v51 n8 p465-70 Aug. Policies governing the employment of health care workers with AIDS, and the AIDS employment issue facing dental practitioners, administrators, and educators are discussed. Legal considerations of AIDS in the workplace are addressed as to HIV testing, employee rights to gain and/or retain employment, economic considerations, and confidentiality issues. (Author/MLW)…

Winkler, Karen J. (1988). Scholars Debate Constitution's Effect on Blacks, Women. Chronicle of Higher Education, v34 n18 pA4-6 Jan 13. The U. S. Constitution's treatment of women and blacks is generating heated controversy among historians, with some scholars charging that its framers ignored those groups and that subsequent reformers have gained too little for them, too late. (MSE)…

Pratt, John H. (1988). Text of Judge's Order Dismission Landmark College Desegregation Case. Chronicle of Higher Education, v34 n17 pA23-28 Jan 6. The text of Judge John H. Pratt order dismissing the "Adams" college desegregation case is presented. (MLW)…

Jaynes, Gerald D.; Williams, Robin M., Jr. (1987). Challenges and Opportunities. Society, v24 n2 p3-7 Jan-Feb. The history of the Committee on the Status of Black Americans of the National Research Council is described. Its assignments are: (1) to collect data describing the changing position of blacks in America since 1940; (2) to describe the cultural context of those changes; and (3) to explore consequences of initiatives to ameliorate the position of blacks. (PS)…

McCarthy, Martha M. (1985). Competency Tests in Public Employment: A Legal View. Journal of Educational Equity and Leadership, v5 n3 p250-62 Fall. Presents an overview of litigation pertaining to the use of tests in public employment. Provides guidelines for the development of teacher testing programs within legal parameters. (KH)…

Trost, Jan (1985). Swedish Solutions. Society, v23 n1 p44-48 Nov-Dec. Describes efforts to address the problem of teenage pregnancy in Sweden, which has a much lower adolescent fertility rate than the United States. Discusses compulsory sex education; school gynecological clinics and youth centers; the easy availability of the pill and condoms; and cultural and attitudinal differences regarding abortion and premarital sexuality. (KH)…

Diorio, Joseph A. (1986). Rights, Equality, and the Ethics of School Policy. Curriculum Inquiry, v16 n2 p147-78 Sum. Where a plurality of opinions exists, the effect of uniform educational policy denies a minority group's desires for equal rights and serves partisan views. Dworkin's theory of rights supports this perspective. Governmental imposition of uniform schooling practices on unwilling persons is an illegitimate devaluation of some citizens' lives. (36 references) (CJH)…

Ravitch, Diane (1984). The Ambiguous Legacy of "Brown vs. Board of Education.". New Perspectives, v16 n1 p6-13 Sum. Reviews judicial decisions on equal education since the early 1950s. Focuses particularly on the Brown case and roles played by the NAACP and other Black interest groups. Discusses American attitudes toward racial integration. (KH)…

Splitt, David A. (1985). School Law. Executive Educator, v7 n11 p8 Nov. Reviews recent court cases and potential cases involving school regulation of the use of school facilities by outside groups. Points out the implications of school sponsorship of scout troops that determine membership partly on the basis of religious beliefs. (PGD)…

Shoop, Robert J. (1984). How to Avoid Becoming a Defendant in an Unfair Employment Suit. School Business Affairs, v50 n11 p34,36 Nov. Most of the cases of unfair employment practices fall under one of four pieces of federal legislation. Outlines the scope of the laws and offers guidelines that can provide administrators some protection against becoming a defendant in an unfair employment suit. (MLF)…

Davis, Albie; Delacey, Peter (1983). The Ins and Outs of Juvenile Crime. Update on Law-Related Education, v7 n3 p12-17,47 Fall. Presented are classroom activities to help secondary students learn about the history of the juvenile justice system, adolescent rights and responsibilities, pressure on youth, and the role of the police. (RM)…

Knowles, Laurence W. (1975). The Reshuffle of Values in the Law on Student Records. Educational Horizons, 54, 1, 17-20, F 75. A legal analysis of traditional record keeping practices demands that the various values involved be identified. Article considers the educational practices that force values to compete. (Author/RK)…

Floyd, Koy (1975). Facing the Prospect of Redress. NOLPE School Law Journal, 5, 2, 144-152, 75. Discusses the liability of individual school board members for board actions that potentially infringe on students' constitutional rights and reviews relevant Supreme Court decisions. (JG)…

Steel, Lawrence E. (2005). Student Discipline Data Tracker v.1. Corwin Press One of the most difficult tasks facing today's busy school administrative teams is tracking and managing student discipline. Administrators must balance the rights of students with cultivating classroom environments conducive to learning. Breakdowns in communication, procedure, and due process can lead to unpleasant situations, and ultimately, a disruptive school environment. This CD is the most complete tool available to school administrators to track and manage disciplinary issues effectively and accurately. Created with an awareness of major court decisions regarding school discipline, the program includes pop-up tips and hints to alert users to possible procedural issues. The program creates an \electronic paper trail\ of student disciplinary incidents that can be accessed by any member of the administrative team. No longer will it be necessary to divide the students into subgroups assigned to a particular administrator. Each member of the team will be able to instantly call up… [Direct]

LaNear, John A. (2002). Academic Freedom: A Precarious Balance. Academic freedom is an elusive concept. Many university and college faculty members who purport to possess its protections believe they have a solid understanding of its nature and of the individual rights secured by academic freedom. There is some consensus on the meaning of the term in the academic universe. This concurrence of understanding is not evidenced, however, in judicial pronouncements. Pronouncements of the United States Supreme Court regarding this freedom are vague and unstructured, offering little guidance to lower courts and litigants. The author of this paper argues that when the Court suggested academic freedom was entitled to Constitutional protection, it did not originally intend to subjugate the rights of individual faculty members to those of the collective institution. Changes in university and college structures, coupled with broad Court pronouncements, are leading to the diminution of individual faculty members academic freedoms. Unfortunately, an early…

Bettenhausen, Sherrie (2001). Avoid Potential Liability: The Americans with Disabilities Act and the Public Schools. This paper summarizes requirements of the Americans with Disabilities Act (ADA) and related regulations and judicial decisions as the law pertains to employment at public and private schools. It stresses that the ADA forbids employment discrimination on the basis of disability, and requires employers to make "reasonable accommodation" for employees' disabilities. It notes that the plaintiff has the initial burden to establish that he or she was not hired or promoted due to discrimination but that once the plaintiff makes this initial showing, the burden shifts to the employer or school district to articulate a legitimate, nondiscriminatory reason for not hiring or promoting the plaintiff. Individual sections of the report address the following topics: types of protection under ADA; employment discrimination in the schools (summarizing court cases related to contagious diseases, physical disabilities, mental disabilities, and disability harassment); and avoiding potential… [PDF]

Hayden, Mary, Ed.; Obermayer, Liz, Ed.; Ransom, Barbara, Ed. (1997). Persons with Developmental Disabilities and the Justice System. Impact, v10 n2 Sum. This feature issue of "Impact" focuses on persons with developmental disabilities and the justice system. Articles include: "The Invisible Victims" (Daniel D. Sorensen), which discusses the high rate of people with developmental and other severe disabilities who become victims of crime; "The ADA in the Justice System" (Frank Laski and Kirsten Keefe), which discusses the application of the Americans with Disabilities Act to the justice system to prevent discrimination against people with disabilities; "ABA Mental Health Standards: The Impact on Persons with Developmental Disabilities" (B.J. George), which summarizes the American Bar Association's mental health standards; "Equal Protection of the Law for Crime Victims with Developmental Disabilities" (Dick Sobsey); "The Arc: Tackling Criminal Justice Issues at National, State and Local Levels" (Leigh Ann Reynolds and Rick Berkobien); "Breaking the Cycle: 'Justice… [PDF]

Brown, Dale S. (1994). Working Effectively with People Who Have Learning Disabilities and Attention Deficit Hyperactivity Disorder. Implementing the Americans with Disabilities Act Series. This brief paper uses a question-and-answer format to summarize requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people with learning disabilities (LD) and attention deficit hyperactivity disorder (ADHD). Questions address the following topics: (1) what is meant by LD and ADHD; (2) eligibility requirements of these conditions under the ADA; (3) the need to provide job accommodations for people with LD and ADHD; (4) examples of appropriate accommodations, such as providing a visually organized environment for the individual with visual perceptual problems, encouraging use of tape recordings or "talking" computers for the individual with reading problems, and providing a private space for employees who are easily distracted; and (5) the role of employers in advancing the employee with LD or ADHD. A listing of six resources is provided. (DB)… [PDF]

Dickson, Mary B. (1994). Working Effectively with People Who Are Blind or Visually Impaired. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people who are blind or visually impaired. Topics addressed include what is meant by blindness or visual impairment; examples of types of jobs that people who are blind can do; possible accommodations for the person who is blind or visually impaired during the employee selection process (such as allowing the applicant to choose how to fill out the job application); enhancing productivity on the job (both low tech and high tech accommodations are suggested); and tips for on-the-job training, performance management, training, and promotion. A list of six resources is provided. (DB)… [PDF]

Bruyere, Susanne M. (1994). The ADA and Personnel Training. Implementing the Americans with Disabilities Act Series. This brief paper uses a question-and-answer format to summarize requirements of the Americans with Disabilities Act (ADA) of 1990 related to personnel training. Topics address the purpose of the ADA; personnel within an organization who should receive training on the ADA; information on the ADA that these personnel should have; starting a training program on the ADA; accessibility of training to persons with disabilities; and related training responsibilities (such as prohibition of third-party discrimination). A listing of three resources is provided. (DB)… [PDF]

Aoki, Andrew L., Ed.; Haynie, Kerry L., Ed.; McCulloch, Anne M., Ed.; Schultz, Jeffrey D., Ed. (2000). Encyclopedia of Minorities in American Politics. Volume 1: African Americans and Asian Americans. The American Political Landscape Series. The last 30 years of U.S. political history have seen dramatic strides in the impact that minorities play in U.S. politics. This first volume of a two-volume set addresses the historical and contemporary impact of two of the largest minority groups in the United States. Divided into two sections, the encyclopedia addresses the political struggles of African Americans and Asian Americans. The work draws attention to those events, people, and ideas that have shaped, and will continue to shape, the political dialogue of a diverse country. The entries cover people, events, court cases, movements, and organizations that have shaped the political struggles of these 2 groups. Longer entries address some of the key issues that face minorities in U.S. politics today. These "issue entries," such as those on affirmative action, immigration, bilingual education, and political participation were written to give context to current politics and to show how these issues might be resolved….

Haskins, James (1999). Distinguished African American Political and Governmental Leaders. This comprehensive directory profiles more than 100 African American political and governmental leaders from the mid-19th century to the present. Each entry includes the following information, where applicable: birth date and place; parents' names and history; current status; education; anecdotes; national or local events; awards and honors; memberships and affiliations; dates and locations of positions and offices held; important achievements and career highlights; quotes; and personal data. The directory is extensively cross-referenced. A bibliography, three appendixes, and an index are included. (BT)…

Michaelis, Karen L. (1999). Intersections of Critical Legal Theories: In Search of a Critical Theory of Juvenile Justice. Children who are subjected to the juvenile justice system suffer injustices and prejudices similar to those experienced by women and minorities. The main difference is that there is no political group comprised of juveniles who could advocate for a new approach to juvenile justice. This makes them the most vulnerable of all individuals who come into contact with the justice system. Juveniles have virtually no power to overcome the bias and irrationality of school disciplinary procedures, much less legal decisions. Because little consideration is given as to why juveniles end up criminals, the perspective of the juvenile in the process is not considered. Thus, it is difficult to expect juveniles to change their behavior to fit into a society that refuses to protect them when they are victimized, but is all too eager to punish them when they behave in an inevitably violent manner. A critical theory of juvenile justice that incorporates the perspectives and experiences of juveniles who… [PDF]

Palmer, Scott R. (2001). A Policy Framework for Reconceptualizing the Legal Debate Concerning Affirmative Action in Higher Education. This chapter asserts that to make the case for affirmative action in higher education based on the diversity rationale, the legal debate must be reconceptualized into a policy-oriented framework. It presents a model dividing policy development into four interrelated parts: goals, objectives, strategy, and design. The policy framework is applied to the issue of affirmative action in college admissions intended to promote the educational benefits of diversity. The chapter concludes that the policy framework and analysis make a strong case for affirmative action in university admissions intended to further several core goals (improving learning, enhancing civic values, and promoting preparation for employment). This requires substantial commitment from the higher education community. The chapter examines the influence of the Supreme Court's decision in Regents of the University of California v Bakke (1978) and the Fifth Circuit Court's decision in Hopwood v. Texas (1996). It concludes… [PDF]

Palmer, Scott R. (2001). Diversity and Affirmative Action: Evolving Principles and Continuing Legal Battles. This chapter reviews the legal standards governing affirmative action in higher education, examining the diversity rationale and contrasting the cases of Hopwood v. Texas and Wittmer v. Peters, which were decided in 1996. It discusses: the legal standard governing affirmative action in higher education; the remedial interest in overcoming the present effects of past discrimination; the nonremedial interest in realizing the educational benefits of diversity; Hopwood v. Texas and its rejection of educational diversity; and Wittmer v. Peters and support for nonremedial affirmative action. It concludes that the law governing affirmative action in higher education is at a crucial point in its development. Several key cases are pending, and there is a strong chance that the Supreme Court will address the issue in the near future. The chapter notes that the higher education community must use this time to build upon the Supreme Court's 1978 decision in Regents of the University of… [PDF]

(1999). Just the Facts about Sexual Orientation & Youth. A Primer for Principals, Educators and School Personnel. This fact sheet, developed by a group of education, health, mental health, and religious organizations, provides information on the development of sexual orientation in youth and the issues raised by reparative therapy and transformational ministry. Section 1, "Sexual Orientation Development," describes how individuals develop their sexual orientation, focusing on the sexual development of gay, lesbian, and bisexual adolescents. Section 2, "Reparative Therapy," describes reparative therapy (also known as conversion therapy) as psychotherapy aimed at eliminating homosexual desires. It is based on an understanding of homosexuality that has been rejected by all of the major health and mental health professions. Section 3, "Transformational Ministries," describes transformational ministry as the use of religion to eliminate homosexual desires. This section notes that this view of homosexuality as outside of God's will is not representative of the views of… [PDF]

Williams, Robert L. (1973). On Black Intelligence. Journal of Black Studies, 4, 1, 29-40, Sep 73. Argues that from a black perspective, the real concern is not merely that of defining intelligence, about which there is lacking a consensus among psychologists, but one which challenges the basic scientific considerations of validity, reliability, and standardization of intelligence tests. (Author/JM)…

Bosma, Boyd (1973). The NEA Testing Moratorium. Journal of School Psychology, 11, 4, 304-306, 73. This article describes the events leading to the National Education Association policy statement that encouraged the elimination of group standardized intelligence aptitude, and achievement tests to assess student potential or achievement until completion of a critical appraisal, review, and revision of current testing programs. The NEA also created a task force to provide initial proposals and recommendations. (Author/LA)…

Berman, Mildred (1974). Sex Discrimination and Geography: The Case of Ellen Churchill Semple. Professional Geographer, 26, 1, 8-11, Feb 74. The author discusses the status of female geographers, citing cases of discrimination, Ellen Churchill Semple's in particular, and suggests appropriate channels for action. (JH)…

Farley, Reynolds; Taeuber, Alma F. (1974). Racial Segregation in the Public Schools. American Journal of Sociology, 79, 4, 888-905, Jan 74. This paper presents data on racial segregation in public elementary schools in 60 cities for the 1967-68 year. As of fall 1967 few large school systems had been compelled by law to desegregate. These data represent the best available baseline prior to the major desegration efforts and controversies of recent years. (Author/RM)…