(1988). Summary of Existing Legislation Affecting Persons with Disabilities. Summaries are presented of more than 60 key federal laws pertaining to the legal rights and benefits available to persons with disabilities. The laws are organized into general subject areas, including: education, employment, health, housing, income maintenance, nutrition, rights, social services, transportation, and vocational rehabilitation. The provisions of each separate act are described in non-technical language. After providing a brief overview of each law's basic purpose and structure, the major programs authorized under the statute are described. An encapsulated legislative history of the law highlights major milestones in the evolution of the statute. Minor legislation affecting persons with handicaps is summarized in an abridged format, including a brief discussion of the law's importance and its legislative origins. The information provided is restricted to the provisions of the federal laws and does not cover regulatory and administrative policies or judicial decisions…. [PDF]

Briggs, Paul W. (1986). Desegregation: The Urban America Perspective. The most important education issue in terms of the volume of court cases and the impact on education has been racial isolation in schools. For decades the thrust has been on integrating the schools, but this goal has not been accomplished. Desegregation efforts have been frustrated and the problem of providing a quality education for all students is becoming more serious. Since American history shows that public education contributed positively to the quality of democracy in this country, it is imperative that more efforts be made to solve these problems. Successful efforts to desegregate government, public accommodations, and trade unions suggest that schools can also be desegregated. Even within education there have been successes on the level of teaching staffs and governing boards. Among recommendations for achieving the same kinds of desegregation among students are the following: (1) assure a good representation of minority staff in each school; (2) improve the quality of city…

Benjamin, Libby; Walz, Garry R. (1983). Violence in the Family: Child and Spouse Abuse. The two sections of this monograph deal with child abuse and spouse abuse as separate issues. The authors discuss the factors that have contributed to these problems, including historical antecedents, attitudes, and practices; and identify the characteristics of abusive caretakers of children, violent spouses/partners, and abused or neglected children. Sample intervention and treatment strategies are described, as well as broad components that should be part of any effective preventive or treatment program. Each section includes recommendations for future action intended to ameliorate and/or prevent abuse of children and spouses and help them to lead less fearful lives under more positive conditions. References are provided at the end of each section. (Author)… [PDF]

(1981). Special Programs in Employment: Criteria for Compliance = Programmes speciaux en matiere d'emploi: Criteres de mise en application. The purpose of this publication is to clarify the Canadian Human Rights Commission-approved criteria for special employment programs to eliminate systemic discrimination and to ensure compliance with the Canadian Human Rights Act. The basic principle of the Act is set forth: those sections of the Act that specify discriminatory practices are quoted, and the mandate of the Commission regarding special programs is discussed. In the next four sections, focus is on development of special programs in employment. Topics covered include criteria for special programs, identification of needs (problem areas within the organization in which its labor force is unrepresentative), determination of the relationship between the composition of its existing labor force and elements of its employment system (organizational policies, procedures, and practices), and three essential elements of a special program that will improve opportunities through contributing to a representative labor force…

Carrere, Thomas A. (1983). Legal Aspects of Home Instruction. The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory attendance laws have been based on the desire to \Americanize\ immigrants, the consideration for the welfare of the child and the community, and the safety of the state. Therefore, this duty of education for the public good has been the prosecuting argument in questions of schooling. The right of parental authority has been one defense against such regulation, resulting in a restriction on state public education mandates, thus allowing private schools. Recent home instruction cases, however, have shown that state laws allowing private school attendance are often not specific, sometimes making prosecution difficult since the right to home…

Scott, Heather (2005). Are You Ready for Your Close-Up?. Teaching History, n119 p24-27. We are often reminded that we remember little of what we hear and read but much of what we teach. The very act of teaching forces us to clarify our understanding and to process it so that it can be communicated in a structured, clear and accessible way. Here, Heather Scott describes how she got an initially reluctant Year 12 group at Challenge College to "teach" a similar group in a neighbouring school through the use of video. A clear structure to the task, a tight timescale and plenty of encouragement all contributed to a successful outcome for both the "teachers" and the "taught". Those at the receiving end were invited to respond with feedback and subsequently to send their own 'lesson' back to the students at Challenge College. An awareness of audience clearly raised the quality of the students' presentation and injected a healthy dose of competition into the proceedings…. [This article was written with Judith Kidd.]… [Direct]

(1977). The Bakke Case and Asian/Pacific Americans. Amidst much controversy, the United States Department of Justice has filed an amicus brief in the Supreme Court on behalf of the special minority admissions program at the University of California Medical School at Davis. This fact sheet is intended to show why Asian and Pacific Americans and those friendly toward Asians should pay careful attention to the government's position toward Asians as reflected in the Bakke case and beyond. The Justice Department's position in Bakke is of special concern to Asian and Pacific Americans because the government has become the first participant to challenge the participation of Asian Americans in a minority program. The government's brief says that Asian Americans have been admitted into medicine adequately without special admissions. It is noted that the Government brief contains misleading or irrelevant suggestions that Asian and Pacific Americans are too well off to suffer the effects of past discrimination. Furthermore, the brief fails to…

Wise, James H., Ed. (1977). Proceedings: Conference on Corporal Punishment in the Schools: A National Debate (Washington, D. C., February 18-20, 1977). The conference from which these papers were taken was designed to present a balanced cross-section of opinion on the controversial subject of corporal punishment in the school. The papers contained in this volume include a review of the research on the effects of punishment, an analysis of state legislation regulating corporal punishment in the schools, as well as papers for and against the use of corporal punishment. Special attention is given to the U.S. Supreme Court's decision in the Ingraham v. Wright case, in which the Court ruled that corporal punishment does not violate student's Eighth Amendment rights (fredeom from cruel and unusual punishment) nor require due process before it is applied to students. The volume concludes with an open forum dialogue among representatives of the American Federation of Teachers, the American Psychological Association, and the National Parent Teacher Association. (DS)…

Phay, Robert E. (1982). Legal Issues in Public School Administrative Hearings. A NOLPE Monograph Series. This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as they apply to these two types of cases and then gives in-depth details on the mechanics of hearings. The concerns addressed include the participants and their roles, the handling of witnesses, the nature of evidence, aspects of testimony, the treatment of hearing records, and the making of acceptable decisions. Techniques for closing hearings, suggestions for hearing conduct, and a discussion of the board's actions following the hearing committee's decision conclude the document. (PGD)…

Glasser, Theodore L.; Jassem, Harvey (1980). Children, Indecency, and the Perils of Broadcasting: The Case of "Scared Straight.". This paper argues that the United States Supreme Court's 1978 "FCC v. Pacifica Foundation" decision, in which the Court held that broadcasters must refrain from transmitting unseemly language at a time of day when children are most likely to be in the audience, has created a perilous dilemma for broadcasters: how to accommodate a child's right not to know without violating the adult's right to know. To capture the gravity of this dilemma, the paper focuses on a television documentary, "Scared Straight," that liberally used profanity, and contends that there is no principled way to distinguish between the language that resulted in the "Pacifica" decision and that used in the television documentary unless the Federal Communications Commission (FCC) uses content criteria. The paper presents a brief history of the events leading to the "Pacifica" decision and then examines the FCC's interpretation of this decision. It then focuses on "Scared… [PDF]

Cooper, Elizabeth; And Others (1981). Special Report: Labor Relations in Elementary and Secondary Education, 1980-1981. Government Employee Relations Report. In 1980-81, one issue dominated labor relations in elementary and secondary education–layoffs. In the future, unions are expected to protest layoffs more and more, at the bargaining table, on the picket line, and in the courts. This report highlights this issue in its section on major developments. The two major teacher unions–American Federation of Teachers and National Education Association–are currently reviewing their roles in the light of huge cuts in federal funding for education and the prospect of the loss of cabinet rank for the Education Department. Included in this report are exclusive interviews with the top officials of both unions and extensive organizing literature for both unions. In addition the report contains a discussion of the issues involved in collective bargaining and negotiations, salary disputes, and legal developments in 1980-81 at both the state and federal court levels. The report contains a summary of the most significant contract settlements…

(1979). Title IX: Parity of Coaches' Salaries for Male and Female Athletic Teams. A study by the National Education Association (NEA) of the existing literature, teacher opinion polls, federal legislation and regulations, state salary schedules, and collective bargaining agreements revealed important information concerning the differences in salaries in the late 1970s for coaches of male and female athletic teams in the public schools. Analysis of contracts showed that salaries were not generally equal in the 1977-78 school year, but that the percentage of contracts with equal salaries was higher than in 1975-76. Teachers polled during the period felt efforts to comply with the provisions of Title IX of the Education Amendments of 1972 were inadequate. The researchers determined that the Equal Pay Act of 1963 is the most appropriate and effective tool to use in resolving equal pay issues involving sex discrimination. The data available were not sufficient to answer questions concerning equality of pay for extra work by coaches. As a result of the study, the… [PDF]

Beckham, Joseph C. (1981). Legal Aspects of Teacher Evaluation. Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics associated with teaching success. The successful institution of a policy of teacher evaluation is subject to the influences of teacher unions, community groups, and administrative leadership as well as legal constraints and mandates governing due process, equal protection, and reasonable administrative action. This monograph first addresses constitutional guarantees of substantive and procedural due process, especially where these protections have compelled judicial scrutiny of employment decisions in public educational settings. The second section of the monograph covers federal constitutional and statutory provisions barring discrimination and…

(1977). The Right to Education: Where Are We and How Did We Get Here? Book 1. The Parent/Professional Partnership. The first of a series of three books written for parents, professionals, and others involved in educating severely and profoundly retarded children provides a brief history of the right to education movement and general information about administration and financing of public schools. Chapter 1 traces the right to education movement from the early 1800s to the present. Chapter 2, on the public schools, includes sections on the local school and school district, the state education agency, the federal government's role in education, university teacher training programs and the educational system, and the role of teacher unions. (SBH)…

Greenberg, Elinor; And Others (1978). The Educator's Role in Equal Rights. Two questions must be asked by educators when assessing their role: How should opportunity, access, and democratic intent be used to further the fullest development of each individual to the limits of his or her potential? How do our institutions, in particular, our schools, play a role in facilitating that development? These questions are especially relevant to the problem of equal rights for women in a society in which the number of women in the schools and in the work force is increasing. In the light of these trends, college education for women is becoming more of a necessity, and it is necessary to examine our institutional objectives in terms of their relevance to women. Adult education programs especially need to be examined since from 60 percent to 80 percent of the students in these classes are female. (DS)… [PDF]

Fleming, John E.; And Others (1978). The Case for Affirmative Action for Blacks in Higher Education. In this book, affirmative action within the higher education community is analyzed in terms of black education and job opportunities for blacks. The importance of affirmative action and other strategies for achieving equal opportunity are discussed. The status of black education in America from the time prior to the Civil War to the time prior to affirmative action is examined. The constitutional and legal basis for affirmative action and related Federal programs is described. Policies and practices of implementation by the Federal government are detailed. Four case studies of affirmative action in institutions of higher learning are presented. The current labor market in academia and opportunities for black faculty are analyzed in light of racial discrimination, affirmative action, and public policy. Numerous tables illustrate the findings. A lengthy bibliography is included. (WI)…

Murphy, Ruth (1979). Wisconsin Minority Sensitivity Workshop; Proceedings. The first part of this report was designed to describe the techniques used to develop a minority sensitivity workshop program. The section attempts to assist in the development of programs for professionals (and students) who plan and provide services for minority, low-income, and developmentally disabled consumers. The second part of the report presents the papers prepared for the Wisconsin Sensitivity Workshop held in 1979. The 17 papers presented focus on four themes: legal rights and advocacy, cultural similarities and differences, recognizing and handling prejudice, and outreach to minority families. (Author/MK)…

(1979). Consumer's Choice: An Interdisciplinary Approach to Consumer Education. Developed for Grades K-4. This manual suggests teaching strategies for integrating consumer education into art, language arts, mathematics, science/health, and social studies in grades K-4. The guide lists consumer education competencies, interdisciplinary structures for consumer education, and provides a chart which relates competencies to page numbers in the guide. Competencies are related to the concepts of the marketplace; legal rights, redress, and consumer law; major purchases of products and services; and special problems such as advertising and product safety. Sections for individual subject areas include the concept, competency, and sub-competency to be covered for each activity, suggested classroom activities, resources, follow-up activities, and performance indicators. In art, students draw a labor saving device, make collages of luxuries they desire and then compute the price, and design packages for new products. Some activities in language arts include interviewing people about their purchasing…

King, Judith D., Comp. (1976). Women's Studies Sourcebook: A Comprehensive, Classified Bibliography of Books. Over 1,000 entries are presented in this bibliography of resources about women. Subject categories include the following: abortion; academia; art; biography; black women; business, banking, and economics; crime; day care; education; employment; health; history; Jewish women; lesbianism; literary works; medicine; music; national studies; police work; prostitution; psychology; rape; religion; science; sex roles, differences, and identity; sexuality; sports; suffrage and the history of women's rights; and the women's liberation movement. Entries are listed alphabetically by author in 51 different categories. Almost all of the references were published during the 20th century, and most are within the past 15-25 years. Information is given on author, title, publisher, and publication date. An index of titles, topics, and authors is included. (AV)…

(1974). Public Law 93-568, Ninety-Third Congress, Senate Joint Resolution Number Forty. To Authorize and Request the President to Call a White House Conference on Library and Information Services Not Later Than 1978. The text of a joint resolution of Congress is provided in three sections. The first authorizes the President to call a White House Conference on Library and Information Services by 1978 and includes specifications for: composition of the conference, the role of the National Commission on Libraries and Information Science in planning and coordinating the conference, travel expenses, a final conference report, the establishment of an advisory committee of the conference, and appropriations. Section two amends the privacy of parents and students provisions of the General Education Provisions Act. Section three contains amendments to the Education Amendments of 1972 clarifying provisions concerning discrimination based on sex. (LS)… [PDF]

Wedlock, Eldon D., Jr. (1975). Pupils. This chapter summarizes and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the rights of school pupils. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. Because of their unusual significance, the author also examines the 1975 United States Supreme Court decisions Goss v. Lopez and Wood v. Strickland. In his discussion, the author attempts to integrate cases and to illuminate any unifying legal principles that underlie the decisions relevant to each specific subtopic involving school pupils. Separate sections of the article focus in turn on cases concerning mentally retarded and other exceptional children, state athletic and activity associations, tuition and school assignment, religious and conscientious beliefs of parents and students, students' substantive rights, sanctions for student misconduct, and school desegregation. (JG)…

Apple, Michael W., Ed.; Haubrich, Vernon F., Ed. (1975). Schooling and the Rights of Children. The National Society for the Study of Education Series on Contemporary Educational Issues. This book consists of eight articles that grew out of a seminar and study group on \School and the Rights of Children,\ held at the University of Wisconsin, Madison during the spring of 1973. The book is intended to establish a healthy perspective on the extension of the rights and liberties of children in the public schools. The collective view of the authors is that a process of conflict resolution is essential to avoid continued battle over the issue of students rights versus the prerogatives of educational institutions. The individual articles include the following: \Morality, Science, and the Use of the Child in History,\\Student Rights and the Social Context of Schooling,\\Social-Psychological Concepts and the Rights of Children,\\Student Rights and the Misuse of Psychological Knowledge and Language,\\The Nature of Claims for Student Rights,\\Legal Precedents in Student Rights Cases,\\Trends, Conflicts, and Implications in Student Rights,\ and \Toward Increasing the Potency of…

Edwards, C. A., Ed.; Kiser, J. A., Ed. (1974). South Carolina TEC Student Code. This student code has statewide application to South Carolina Technical Colleges and Technical Education Centers (TEC). Provisions are divided into eight articles: (1) General Provisions, including the purpose of a student code, the precept of internal solution of problems, and definitions; (2) Student Rights, including Bill of Rights protections; (3) Student Rights in the Classroom, including procedures for the conduct of classes, academic evaluation, nondisclosure of student views, appeals, and academic discipline; (4) Student Government; (5) Student Gatherings; (6) Student Records; (7) Proscribed conduct; (8) Rules of Student Disciplinary Procedure and Sanctions, including descriptions of the student-faculty behavior committee, and the special hearing committee, and procedures of sanctions, complaints, suspensions, and appeals. (NHM)… [PDF]

(1973). Employer's Manual on Affirmative Action in Employment. The express purpose of this manual is for its use by business and industry in Kentucky as an aid to eliminate discrimination. Affirmative action is defined here as a comprehensive effort by an employer designed to: employ women and minority persons where they are under-utilized; include minority persons and women in all facets of the company's operations–from management to maintenance; increase company awareness of an interest in the whole of its community; and, insure that company policy toward equal opportunity is not negative, and not neutral–but positive. A model plan is detailed. It is asserted that the manual should be used by a company in developing its own affirmative action policy; that it incorporates quite specific and comprehensive policies and procedures, which, if adopted and followed, should help a company move toward the goal of equal employment opportunity. Testing and other employee selection criteria are discussed. Several lists of Kentucky-based organizations… [PDF]

Singleton, Robert (1974). The Black Child and Equity in School Finance: Analysis and Alternatives; [and Seminar Discussion]. The purposes of this paper are to discuss the legal, economic and other implications of a 1971 landmark court ruling from a Black perspective; to advocate a position to which Black educators and others concerned with equity in educational opportunities of Black children might react; and to outline further needed research that ought to be undertaken in order to obtain better knowledge of the empirical bases for future positions on these and related issues. The California Supreme Court in Serrano v Priest declared wealth and expenditure disparities that favor the wealthy in violation of the equal protection provision of the U.S. and California constitutions. Legislatures have proposed a number of ways to satisfy the implied mandate and eventually attain quality of expenditures. This paper concludes that more equality of expenditures may well result in less equity of expenditures for Black children. Quality education for Black children cannot be bought in a system designed for white… [PDF]

Handler, Joel F. (1974). Social Reform Groups and the Legal System: Enforcement Problems. Discussion Paper No. 209-74. During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups and the problems that groups have in enforcing changes in legal rules. Three types of litigation strategy are discussed: (1) defensive, where the group, its leaders, or its members are being prosecuted; (2) subsidiary, where litigation is used in aid of other strategies; and (3) affirmative, to accomplish the primary objectives of the group. Most problems occur in implementing affirmative litigation. Four types of enforcement problems are analyzed: (1) Enforcement involves massive lower-level official discretionary decisions; (2) Enforecment involves massive private discretionary decisions; (3) Enforcement involves continuous inputs at key… [PDF]

Hyland, Timothy F. (1974). Non-Public Schools and the Fourteenth Amendment. A Legal Memorandum. While the status of the application of constitutional rights in public schools has become clearer because of court cases and statutes, the position of the private and parochial schools has remained vague. This paper examines the status of the private and parochial schools not only to determine how due-process requirements have been extended to schools, but also to show which schools fall under the constitutional requirement. The legal principles and precedents affecting this distinction should also help public school principals to understand the legal basis for their consitutional responsibilities. So far, few cases have been successfully brought against nonpublic schools or their administrators on the basis of depriving students or teachers of due process or other constitutional rights. In making their decisions, courts have examined educational institutions for signs of governmental control or involvement. Most courts have not been convinced that contacts typically found, such as… [PDF]

Edwards, Harry (1970). Black Students. The black student revolt did not start with the highly publicized activities of the black students at San Francisco State College. The roots of the revolt lie deeply imbedded within the history and structure of the overall black liberation struggle in America. The beginnings of this revolt can be found in the students of Southern Negro colleges in the late 1950's and early 1960's. The central task of this book is to present the historical development of the black student movement: the factors underlying the emergence and waning of its various phases, the characteristics and philosophies of the movement's present participants, and, its possible future directions. Also discussed are: the estrangement of liberal white \allies\ from the black student movement and the potential for future black-white coalitions, the relationships between black students and American colleges and universities, institutionalized racism in American education, and, the feasibility and legitimacy of developing…

(1968). Minority Groups: A Bibliography and Supplement. The books, films, recordings, song books, and additional sources recommended in this annotated bibliography and supplement on minority groups are listed in sections intended for general reference, elementary students, secondary students, and teacher reference. Although the preponderance of sources deal with the history and culture of the American black (i.e., 110 secondary books from the series "The American Negro: His History and Literature"), the elementary section includes most minority groups and the secondary section cites 42 volumes from "The American Immigration Collection." Also included are books on constitutional rights, the nature of prejudice, teaching the disadvantaged, and Anti-Semitism. (MF)… [PDF]

(1967). The Status of Spanish-Surnamed Citizens in Colorado. Report to the Colorado General Assembly. The purpose of this 1967 report sponsored by the Colorado Commission on Spanish-Surnamed Citizens was to study statistical, sociological, and psychological data pertaining to current problems, conditions, and needs of Spanish-surnamed residents of Colorado. The data were derived primarily from analysis of existing studies and the 1950 and 1960 census reports; from government records; and from interviews with public officials, Spanish-surnamed leaders, and other appropriate individuals. In addition, mail surveys were conducted with various agencies, and spot interviews were conducted with Spanish-surnamed citizens. Data were obtained on (1) the Spanish-surnamed population of Colorado, (2) economic status of the Spanish-surnamed, (3) education, (4) crime and delinquency, (5) health, (6) legal aid needs, and (7) housing. It was concluded that serious deprivation exists within the Spanish-surnamed population in the areas of income, employment, education, health, mental health, housing,… [PDF]