Harbeck, Karen M. (1989). The Homosexual Educator: Past History/Future Prospects. This paper is a summary of a comprehensive work on the legal, social, educational, and political history of lesbian and gay teachers in U.S. society from colonial times to the present. Case law on homosexual educators is discussed, as are three major political campaigns that sought to prohibit homosexual conduct, activity or advocacy by school employees. Following a previously invisible, often depressing history of homosexual educators, remarkable advances have been made by lesbians and gay men in the past 20 years. Further research and education in this important area of social policy is needed. (DB)…

Manley-Casimir, Michael E.; Sussel, Terri A. (1985). The Equality Provisions of the Charter and Educational Policy: Preparations for Implementation. Section 15 of the Canadian Charter of Rights and Freedoms, passed by the government in 1982, has been compared in its guarantees of equal rights to the equal protection clause of the Fourteenth Amendment of the Constitution of the United States. These equality provisions were deferred for a 3-year period so that federal, provincial, and territorial governments could inspect their legislation, consider and consult about the effect of the provisions on their governmental policies and practices, and legislate necessary amendments. This paper identifies and discusses provincial considerations of educational policy and practice in the equality provisions in general and of section 15 in particular. Part 1 reviews the legislative history of section 15. Part 2 discusses various mechanisms employed by different governments for reviewing statutory enactments. Part 3 concludes with reports on what amendments were made and what measures were taken by the different governments and private… [PDF]

(1981). Administrators and the Courts. The Best of ERIC on Educational Management, Number 56. The eleven publications reviewed in this annotated bibliography discuss litigation and legal issues in education, such as administrator discretion in student discipline, the constitutional rights of students and teachers, defamation of character, and the school board's authority to transfer personnel. The literature also examines the issue of proving good faith, the establishment of a legal identity for principals, the necessity for following due process, the limits to an administrator's immunity from liability, and the legal aspects of managing a school's fiscal and physical resources. The authors stress that a thorough knowledge of the legal responsibilities in all areas of school operation is necessary to effective administration. (WD)… [PDF]

Mikulaninec, John S. (1980). Up From Suffrage: Canada. Influences on the political and economic status of women in Canada between World Wars I and II are discussed, with emphasis on the struggle to enfranchise women on the provincial level, legislative precedents, and the relationship between educational achievement and economic opportunity. Data are derived from historical accounts; trade union annals; government decrees such as the War Time Elections Act (1917), the Military Voters Act (1917), and the Women's Minimum Wage Act (1935); records from activist organizations such as the Women's Christian Temperance Union, the National Council of Women, the League for Women's Rights, and the Association of Women Property Owners; the Department of Labor; national and provincial records of women in public office; and court cases, including the "persons" case–a 1916 reversal of a British Common Law decision in 1876 that women were "persons in matters of pains and penalties but not in matters of rights or privileges."…

Wise, Arthur E. (1968). Rich Schools, Poor Schools: The Promise of Equal Educational Opportunity. The argument of this book is that differences in educational opportunity are largely due to the wealth of the tax base in the local community, that the quality of a child's educational opportunity is related to the particular community in which his parents' economic capacity enables him to reside. It is argued that such economic differences deny the citizens of a state the equal protection of the laws in violation of the Fourteenth Amendment and that the Equal Protection clause can be used to compel the states to provide equal educational opportunities. It is suggested that Supreme Court cases dealing with "equality"–school desegregation, reapportionment, and indigent defendent cases–can be used as precedents to challenge inequality in education. These issues are examined in separate chapters in the book. (KG)…

Tihanyi, Krisztina (2007). Racial Integration in the USA and South Africa: Lessons in a Comparative Perspective. International Journal of Inclusive Education, v11 n2 p177-197 Mar. The year 2004 marked the 50th anniversary of the landmark "Brown vs. Board of Education" case that put an official end to segregated schooling in the USA. Desegregation has received little attention as of late, yet a number of scholars argue that the work of desegregation is far from being complete in the USA. The aim of this paper is to refocus attention on desegregation through a detailed comparison with a more recent case: the racial integration of schools in post-Apartheid South Africa. While South Africa is not held up as the perfect example of integration, it illuminates concepts and ideas that may explain shortcomings of the US process and present new alternatives to revitalize the process. Likewise, it is hoped that the historical example of the USA is instructive to those involved in the integration effort in South Africa. (Contains 12 notes, 1 table and 3 figures.)… [Direct]

Ellis-Williams, Antoinette (2007). Discovering the Possibilities: A Study of African American Youth Resistance and Activism. Educational Foundations, v21 n1-2 p107-124 Win-Spr. This article presents a study of African American youth resistance and activism. The data revealed that African American youth have a large capacity for activism and ability to resist. Early engagement on issues of social justice, equality and freedom by family, teachers, pastors and community leaders can help to shape political character and willingness to participate as an activist. Moreover, youth are more likely to become involved if they perceive issues as directly impacting their lives. As youth grow up they tend to become more jaded about their ability to make a change but they are still willing to work on fighting for justice if they find other like-minded individuals. While young people today are not involved with local electoral politics they demonstrate a highly sophisticated understanding of social organization, bureaucracies, and politics. Finally, when schools provide information and role models students are more likely to take risks and want to improve their… [PDF] [Direct]

Mertz, Gayle (1997). War, Peace, and Human Rights: Listening to Children's Voices. Teaching Strategy. Update on Law-Related Education, v21 n1 p12-14 Win. Presents a lesson plan that teaches students the relationship between basic international doctrine and the proliferation and control of weapons of mass destruction. Assigned readings and handouts, including the preamble to the United Nations' Convention on the Rights of the Child, facilitate student reports and group discussions. (MJP)…

Rendel, Margherita (1997). Whose Human Rights?. During the last 50 years, principles, institutions, and policies of human rights have been developed worldwide. This book brings together European and international conventions on human rights, the rights of women, and the users and uses of education, and places them in their wider context. It examines issues in how human rights work, the ways in which women have benefited, and the role of education in human rights. Chapter 1 offers an account of how human-rights legislation has been brought to fruition, with a focus on the process in Great Britain. Chapter 2 examines the international development of human rights, and chapter 3 describes the various ways in which education can be used to advance human rights. Chapter 4 examines the ways in which education appears in human-rights instruments. How do the provisions meet women's needs? The fifth chapter considers how these rights are globally and regionally implemented and enforced. Chapter 6 assesses the right to education in England…

(1982). Social Studies: Appendix for Elementary, Middle, and High School Guides for Teaching about Human Rights. Seventy documents including primary source materials, simulations, mock trials, short stories, vignettes, and statistical data are provided for the implementation of the elementary, middle, and high school human rights curriculum. Original documents include: (1) the Universal Declaration of Human Rights; (2) the Declaration of the Rights of the Child; and (3) the Charter of the United Nations. "Thermal Pollution: Background Material for a Mock Trial," highlights an unusual case of thermal pollution that occurred when cold water was introduced into an artificially-warmed tidewater stream in New Jersey. "The 100% American" is a vignette designed to initiate discussion on the many contributions of other cultures to the U.S. way of life. The list of "65 Ways To Say That's a Job Well Done," shows how self-esteem can be engendered in students. "Body Ritual Among the Nacerima: A Study in Ethnocentrism" is a parody that describes some "strange…

(1971). Report of the White House Conference on Youth. The proposals reported here evolved out of the conference held in Estes Park, Colorado April 18-22, 1971 to find new approaches to ten major issues, and new ways for youth between the ages of 14 and 24 to become more involved in the decision-making processes of the social and political institutions of the United States. 918 youth delegates were invited to represent the national demographic variables: geography, race, sex, age, and current status with respect to school, work, or unemployment; they tended to be actively involved in their communities. The power structure was represented by 500 invited adults from education, business and industry, labor, media, religion, foundations, national organizations, and the arts. Over 500 proposals are included here on: 1) the Draft, National Service, and Alternatives; 2) Drugs; 3) Economy and Employment; 4) the Environment; 5) Foreign Relations; 6) Legal Rights and Justice; 7) Poverty; 8) Race and Minority Group Relations; and, 9) Values,… [PDF]

(1971). Human Dignity Through the American Experience. (Government). Grade 12. The curriculum guide for twelfth grade pupils aims at helping students to understand and accept people who are different, develop a satisfactory self image, learn to think critically in the decision making process, and become familiar with the valuing process. Information on foundations in American government serves as a base for human rights and dignity. Teaching is process oriented rather than content oriented. Activity units, designed to foster community involvement, are outlined and arranged into three parts. The first unit focuses on the study of the structure and function of the Federal Government, the responsibilities and rights implied in the Bill of Rights, and democratic concepts. Unit II helps the student understand the concept of conflict and dissent, the political party system, the way in which majority rule necessitates minority role, and the structure and function of state and local government. Topics dealing with international relations as applied to current affairs,… [PDF]

Fisher, Margaret (1995). Equal Protection under Law: Access to Public Education. Providing legal perspectives on equal protection with a focus on access to public education, this curriculum guide assists lawyers making classroom presentations and teachers at all levels. The elementary school curriculum provides students with a working knowledge of the concept of discrimination. It also introduces the differences between permitted and illegal discrimination. In the secondary school curriculum, students analyze a case study on the rights of children of undocumented aliens. Students are asked to express opinions on the right to a free public education for children of illegal aliens. This issue is used to frame student consideration of the Equal Protection clause of the Fourteenth Amendment. In addition to lesson plans, the booklet contains activity guides and sheets, a chronology of California immigration policy history, and instructions for a student forum. (LH)… [PDF]

(1987). Justice: Constitutional Update. Bar/School Partnership Programs Series. The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains how due process helps keep government accountable. A lesson plan for grades K-6, "Making Wrongs Right" (D. Greenawald), helps primary students analyze situations where a wrong has occurred and offer recommendations for corrective justice. "What is Procedural Justice?" contains lesson plans for middle and secondary school students adapted from "Law in a Free Society" curriculum units. They are concerned with the fairness of procedures used to gather information and make decisions. "Justice: Developing Reasonable School Policies" (K. A. Sprang) is a lesson plan for secondary students that focuses on the… [PDF]

Manley-Casimir, Michael E.; Sussel, Terri A. (1986). Special Children and the Charter: Constitutional Implications for the Legal Right to an Appropriate Education. A Report Submitted to the Human Rights Law Fund, Department of Justice. The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on…mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators translate the law into viable policies and programs for handicapped children. The report is divided into the following sections: (1) an overview of legislative and judicial trends in accommodating handicapped children's right to an appropriate education; (2) a survey of public interest group responses to current provincial legislative policies and programs for handicapped children (including representative examples of how these individuals and groups perceive current legislative initiatives); (3) an overview of recent United States constitutional and legislative developments in handicapped education and a discussion of Canadian legal trends in… [PDF]

MacKay, A. Wayne (1986). The Charter of Rights and Special Education: Blessing or Curse?. The Canadian Charter of Rights and Freedoms contains an implicit right to education, and the Charter's equality provisions offer an important tool for promoting the rights of the disadvantaged. The equality provisions are open-ended in nature and make the courts a new partner in educational decision-making, causing some educators to regard the Charter generally and the equality provisions in particular with fear. This paper examines literature and court decisions concerning the nature of the Charter, the reasonable limits on Charter rights, and the remedies for violations of these rights. It speculates on the impact of applying the Charter to education law and policy with regard to children who have special education needs. It addresses: (1) the constitutional right to education, including problems of access, the appropriate content of education, special education rights, and related services; (2) the classification of students and constitutionally fair procedures; (3) the… [PDF]

Young, D. Parker, Ed. (1980). The Yearbook of Higher Education Law 1980. Seven experts in the law as it applies to postsecondary education have contributed six articles to this book-length discussion of relevant court cases decided in 1979. Topics addressed include governance and finance, property owned by educational institutions, tort liability cases affecting schools, litigation required in clarifying relations between schools and their employees, collective bargaining, and cases resulting from conflicts between schools and their students. (PGD)…

Cary, Eve (1975). What Every Teacher Should Know about Student Rights. This booklet reviews twelve areas in which, in light of recent court cases, teachers should be made aware of changes in the status of student rights. These areas include (a) the right to an education, (b) due process, (c) "in loco parentis," (d) personal appearance, (e) marriage, (f) corporal punishment, (g) grades and diplomas, (h) punishment for off-campus activity, (i) law enforcement, (j) discrimination, (k) school records, and (l) freedom of expression. Two distinctions have been made in this list between those areas in which state courts have the ultimate decision and those which reach the federal level. The areas which deal with more fundamental rights such as the right to an education, due process, and freedom of expression fall under national jurisdiction. Personal appearance, marriage, and law enforcement are examples of areas that are left up to the states. Extensive bibliographies and a list of other National Education Association materials that pertain to… [PDF]

Benninger-Budel, Carin (2000). Rights of the Child in South Africa: Violence against Girls in South Africa. This report to the United Nations Committee on the Rights of the Child contains observations of the World Organisation Against Torture (OMCT) concerning the application of the U.N. Convention on the Rights of the Child by the nation of South Africa. Noting that the Convention is the only "mainstream" human rights instrument that explicitly states the rights apply equally to female and male children, the report first provides observations and recommendations concerning violence against girls in South Africa. General observations in this area indicate that despite Government efforts at the legislative, policy, and awareness levels, there remain, both in law and practice, discrimination against girls and conflict between the constitution and religious and customary laws which perpetuate harmful practices against girls. This section then examines: violence against girls in the family, including early marriages, bride prices, genital mutilation, and virginity testing; violence… [PDF]

Dowling-Sendor, Benjamin (2003). School Law: A Question of Equality. American School Board Journal, v190 n2 p46,47,51 Feb. This article discusses the Equal Access Act (EAA) as it pertains to high-school student clubs. It raises basics questions about EAA: What does "equal" mean? What level of access is required? Does the First Amendment's free-speech clause offer broader protection to student clubs than the EAA? (WFA)…

Westby, Carol (2000). Who Are Adults with Learning Disabilities and What Do We Do about Them?. Topics in Language Disorders, v21 n1 p1-14 Nov. This article addresses the definition of learning disabilities (LD), issues in identifying learning disability in young adults, the legal rights/protections for adults with LD in the workplace or higher education, and what are reasonable accommodations. Case vignettes provide examples of the issues. (Contains references.) (Author/CR)…

Aps, Will; Blair, Ann (2005). What Not to Wear and Other Stories: Addressing Religious Diversity in Schools. Education and the Law, v17 n1-2 p1-22 Mar. This article considers the position of religion in schools in England and Wales in light of the recent decision in "The Queen on the application of SB v Headteacher and Governors of Denbigh High School". This held that the refusal to allow a pupil to wear the jilbab was a breach of her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and the Human Rights Act 1998. It contrasts approaches based on human rights principles with those based on discrimination law principles, highlighting overlap and inconsistency between both the definitions applicable to different forms of discrimination and the position of teachers and pupils. It concludes that the law is in urgent need of rationalisation to provide consistency. (Contains 76 notes.)… [Direct]

Browder, Lesley H., Jr. (1995). Education's Role in the Struggle for Americans To Be Equal in the Eyes of Each Other. America has two conflicting visions of equality. The first evolved during the American Revolution through the 1960s, which is identified with the phrase \equality of opportunity.\ The second vision, advanced since the 1960s, embraces the concept of affirmative action to redress social injustices. In an attempt to reach accord on these conflicting visions of equality, the American public school has become one of several major battlegrounds. This paper examines these differing visions of equality as traditional and postmodern concepts, identifies their operational expression in the public schools, and reflects on the nature of America's conflict over equality. It also analyzes educational programs with the most potential to help Americans see each other as equals, and concludes that character education has the most potential for doing so. Character education, it is argued, would be a means for articulating the principles that America was founded upon–equality before the law, equal… [PDF]

Reardon, Betty A. (1995). Educating for Human Dignity: Learning about Rights and Responsibilities. Pennsylvania Studies in Human Rights. This book is written for both teachers and teacher educators to use in addressing issues of human rights. The conceptual development approach used throughout the book makes it suitable for a full human rights curriculum; the grade-level discussions and sample lesson plans also can be used in individual classes or to enrich ongoing programs. The book is divided into seven chapters and subdivided by grade level examples. Chapters include: (1) \Introduction: Purposes and Approaches\; (2) \A Developmental Sequence for Presentation of the Core Concepts\; (3) \The Early Grades: Laying the Foundation for an Appreciation of Human Dignity–Kindergarten to Grade Three\; (4) \The Middle Grades: Introducing Standards and Principles–Grades Four to Six\; (5) \Junior High School: Reflecting and Valuing–Grades Seven to Nine\; (6) \Senior High School: Confronting the Problems, Taking Responsibility–Grades Ten to Twelve\; and (7) \Resources for Human Rights Education.\ Flexibility is built in to…

Robertson, Barbara A. (1994). Disability Culture, Community, and Pride. This report discusses the societal oppression of people with disabilities and the growing awareness of a new group consciousness and an emerging disability culture. It examines social attitudes toward individuals with disabilities; the effects of using a medical model of disability, with its implications for the objectification and control of people with disabilities; the movement of people with disabilities toward a sociopolitical model as members of a distinct minority group; and the values of this emerging culture such as accepting a disability as a source of pride and viewing life with a disability as worth living and celebrating. The functions of a disability culture are presented, including: (1) providing symbols, rituals, and values that serve to strengthen personal and group identity; (2) uniting people with disabilities and experiences, facilitating group action; (3) empowering people with disabilities by providing a variety of ways to inform others about themselves; and… [PDF]

Boundy, Kathleen B. (1996). Promoting Inclusion for All Students with Disabilities. This report reviews Federal legal requirements for including students with disabilities in general education classrooms, describes the continuing obstacles to inclusion, and provides guidance for challenging the placement of students with disabilities outside of the general education classroom. Barriers to full inclusion are identified, followed by a discussion of the need for advocates to present the courts with cases that challenge systemic state and local policies and practices that impede inclusion. Key questions for challenging exclusion and the denial of full inclusion of students with disabilities are also listed. A separate section provides the legal basis for inclusion by highlighting legal decisions that recognize the rights of students with disabilities to be educated with children without disabilities. Legal decisions affecting presumption and burden of proof, individualized determination, the right to full educational opportunity, and the duty to provide a continuum of… [PDF]

LeBoeuf, Donni (1996). Curfew: An Answer to Juvenile Delinquency and Victimization? Juvenile Justice Bulletin. Many jurisdictions have implemented curfews in reaction to increased juvenile delinquency and other social trends. This bulletin explores developments in curfew ordinances, legal issues related to curfews, how community based jurisdictions have responded to these issues, and the elements of sound curfew programs as illustrated in seven jurisdictions. Of 200 large cities (population of 100,000 or greater in 1992), 47% had curfews in effect on January 1, 1990, and 53 additional cities implemented curfews between 1990 and spring 1995. In that same time, 37 of the 93 cities with an existing curfew ordinance revised their existing curfew ordinances. To pass constitutional scrutiny, curfew provisions must demonstrate a compelling state interest and ensure that the curfew restrictions are tailored to the law's objective. The seven cities whose curfew provisions are discussed enacted their ordinances pursuant to specific authorizing state legislation. Each of these jurisdictions collected… [PDF]

(1996). Dobro Dosli U Sjedinjene Drzave. Prirucnik za Izbjeglice. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides Bosnian, Croatian, and Serbian refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural… [PDF]

(1996). Ku Soo Dhawaada Dalka Mareykanka. Buugga tusmadda Qaxootiga. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides Somali-speaking refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural adjustment. Among… [PDF]

(1996). Bienvenue aus Etats-Unis. Guide Pour Refugies. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides French-speaking refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural adjustment. Among… [PDF]