(1974). Arizona Commission of Indian Affairs 1973-74 Annual Report. The 1973-74 Arizona Commission of Indian Affairs Annual Report provides information on the conditions and problems confronting Arizona Indians. The Commission recognizes its responsibility to provide solutions to such problems as attaining a status of social, economic, and political equality with other citizens of the State and nation. Commission progress in its program of cooperation with State and Federal agencies, tribal councils, legislators, and others in developing harmonious working relationships and trust is shown. Included are: statistical charts as well as a map of the population and acreage of Arizona reservations; listings of Commission members and meetings, projects completed, and published materials distributed; a discussion of Commission highlights; and a financial report. A profile of the Yavapai-Apache Nation describes: the origin and history of the tribe; size and location; tribal government, employment, and economic development; education, health, and welfare; and… [PDF]

Place, Roger A. (1974). Removing the Incompetent Practitioner. This speech highlights the procedures successfully employed by the Norfolk Public Schools as it endeavors to improve teaching competency and remove the incompetents from its ranks. Detailed attention is devoted to the work of the Teacher Efficiency Evaluation Committee and to those formal programs for improvement containing job targets and performance objectives capable of assessment. Also discussed are some additional considerations encompassing procedures necessary to ensure that the school administrator meets the court's expectations that the due process rights of the incompetent teacher are guaranteed. (Author/WM)…

Walden, Charles (1972). Southern Cities–Except Louisville–Desegregate Schools. A Report on Public Schools in Louisville and Major Southern Cities, 1968 and 1971. A comparison of major city school systems in 10 Southern States shows clearly that Louisville has the worst record in both student and faculty segregation. And the very high ratio of black students to black teachers shows that Louisville trails all the other 11 systems in this study in the vital area of hiring black teachers. Four comparisons show just how far Louisville has fallen behind the rest. (1) In 1968, only three of the 11 city school systems included in this report had less segregation of elementary school students than Louisville. Today all have less segregation than Louisville. (2) In 1968, six systems had less segregation of junior high school students than Louisville. Today, all have less segregation than Louisville. (3) In 1968 three systems had less segregation of senior high school students than Louisville. Today, only Atlanta has more segregation. (4) In 1968, only two systems had less segregation of elementary school teachers. Today, all have less segregation than… [PDF]

Edwards, Verne E., Jr. (1970). Journalism in a Free Society. Broadcast and print journalism are interrelated in this book's coverage of the functions and status of the \fourth estate\. A first part discusses journalism's magnitude and significance, with separate chapters offering a profile of the press, a discussion of the people's need to know, and a brief history of American journalism. The second part focuses on how journalism functions, and provides chapters on journalistic writing, reporting the news, editing the news, the influence function, the role of advertising, the role of public relations, some legal pitfalls, criticisms of the press, and press status and outlook. Appended are magazine circulation statistics, journalistic codes of ethics, a sample stylebook, and a sample headline schedule. (SH)…

Bassiouni, M. Cherif (1971). Crimes and Criminal Justice, Students Book. The Lavinia and Charles P. Schwartz Citizenship Project. This curriculum unit for citizenship education describes the due process of law as specified in the Constitution, interpreted by the courts, and evolved by practical experience. Its purpose is to inform high school students of their rights so that they may participate more effectively in the U.S. governmental system. It is hoped that the unit helps students determine the legal rights of citizens and law-enforcement officials. Three sections comprise the unit. Section one deals with what a crime is, including the origins of law, how law protects man, how laws protect everyone, and what is punishment for crimes. The second section, about what happens when a crime is committed, discusses arrest, probable cause, search warrants, searches, evidence, wire tapping, interrogations and confessions, frisking, personal freedom and rights, bail, prosecution, indictment, preliminary hearing, arraignment, trial, jury, counsel, and appeal. The third section on juvenile law offers information on… [PDF]

de Martinez, Bernice Bass (1988). Political and Reform Agendas' Impact on the Supply of Black Teachers. Journal of Teacher Education, v39 n1 p10-13 Jan-Feb. A brief history of legislative acts and public policies which have affected the supply of black teachers is given. Various educational reform movements are summarized. Questions about the future of education with regard to educating an increasing number of minorities equitably are posed. (JL)…

Berns, Walter (1987). The New Pursuit of Happiness. Public Interest, n86 p65-76 Win. Discusses the changes in American thinking and tolerance between the founding of the Massachusetts Bay Colony and the writing of the Constitution. Concludes that the right to pursue happiness allows everyone to personally define happiness. The government that secures that right will leave people alone to do as they wish. (PS)…

Loury, Glenn C. (1987). "Matters of Color"–Blacks and the Constitutional Order. Public Interest, n86 p109-23 Win. Questions whether the American constitutional order is capable of accommodating an equal citizenship for Blacks. Maintains that the inequality of condition that Black Americans endure is rooted in social as much as in legal practice. Improving the situation requires individual accountability on the part of Blacks. (PS)…

Santiago, Isaura Santiago (1986). "Aspira v. Board of Education" Revisited. American Journal of Education, v95 n1 p149-99 Nov. "Aspira v. Board of Education" required the implementation of a transitional bilingual-education program in New York City. However, the Board has failed to provide the program to large numbers of children, to systematically monitor implementation, and to evaluate the educational outcomes of the consent-decree program for limited English proficiency children. (Author/LHW)…

Walden, Ruth (1985). Editorial Rights, Constitutional Restraints of Editors of State-Supported Newspapers. Journalism Quarterly, v62 n3 p616-24 Aut. Shows that the initial question in cases of official interference with or public challenges to the decisions of student editors of publications in state-supported schools is whether the editors were performing their editorial functions or their custodial functions. (FL)…

(2003). Supreme Court of the United States Syllabus: Gratz et al. v. Bollinger et al. Certiorari to the United States Court of Appeals for the Sixth Circuit. Argued April 1, 2003-Decided June 23, 2003. October Term, 2002. (Slip Opinion.). This legal document presents the decision of the U.S. Supreme Court in the case brought against the University of Michigan's use of racial preferences in undergraduate admissions. In Gratz et al. v. Bollinger et al., the Court held that while race is one of a number of factors that can be considered in undergraduate admissions, the automatic distribution of 20 points to students from underrepresented minority groups is not narrowly tailored. It reiterated its holding from the 2003 Grutter v. Bollinger et al. decision that diversity is a compelling state interest that can justify the consideration of race as a factor in university admissions. The Court emphasized the importance of individualized review to assess all of the qualities each applicant might contribute to the diversity of the entering class. It ruled that the admissions process of the College of Literature, Science, and Arts did not meet this standard insofar as 20 (out of 150 possible) points were automatically awarded… [PDF]

(2001). Still Separate, Still Unequal: A Look at Racial Inequality in California Schools 47 Years after Brown v. Board of Education. Expanded Edition. This report presents research on educational equality in three California school districts. Most of the data came from a computerized survey instrument, the Racial Justice Report Card, which evaluates school districts on issues crucial to racial equality. Statistical data were supplemented with student interviews. Results show that African American and Latino students are being shut out of the basic classes needed to be eligible to apply to college. They are routinely left out of gifted and advanced classes. Students reveal that they face rats, roaches, deteriorating buildings, and a lack of basic resources in their efforts to get a decent education. School disciplinary actions have an unequal impact on African American and Latino students. The racial makeup of teaching staff is proportionately opposite that of their representations in the student body. Black, Asian, and Latino teachers make up a much smaller percentage of the teaching staff than do their respective racial groups in… [PDF]

Parker-Jenkins, Marie (2002). Children's Rights and Wrongs: Lessons from Strasbourg on Classroom Management. Approaching corporal punishment of children in school as a human-rights issue, this paper explores the impact of the European Court of Human Rights on education policy in Europe and the implications it raises for school policy in the United States. Simply stated, the court holds that students have legal rights that schools are obligated to respect, particularly as they relate to corporal punishment. This paper discusses students' rights within a central conceptual framework of human rights. It examines school discipline from a historical perspective; includes a brief literature review on student rights, particularly as they relate to physical discipline; presents theoretical arguments for extending rights to students; and presents an overview of litigation from the European court that advances student rights. In addition, there are suggestions for policymakers, administrators, and teachers for creating policy that addresses discipline and classroom management while respecting the… [PDF]

(1997). Diversifying the New York Area Hispanic Mosaic: Colombian and Dominican Leaders' Assessments of Community Public Policy Needs. This report examines the community organizational structures and the views of community and organizational leaders of the New York City area Dominican and Colombian populations. Community public policy needs are identified, and the degree to which these leaders feel needs are being met is explored. In the first stage of research, the organizations were identified. Then a "snowball" research strategy of followups was pursued to identify additional organizations. Focus group discussions among organization leaders then provided information on public policy issues. Of the 87 organizations identified, 51 focused on the Dominican community and 36 on the Colombian community. Five main types of organizations were identified (indigenous sociocultural, civic, trade, and umbrella organizations, and nonindigenous relevant organizations). The prevalence and importance of each group differed among Dominicans and Colombians. Some geographic differences were noted, but one of the most…

(1995). Student Searches and the Law: An Administrator's Guide to Conducting Legal Searches on School Campuses. With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the language and meaning of the amendment as defined by the case of "New Jersey v. T.L.O." The issue is: What is a reasonable search? This guidebook examines factors that determine a reasonable search; presents the decisions of recent court cases; and explains issues involving the nature of the contraband, student consent, and imminent danger. It also discusses issues involved in conducting various searches: locker, vehicle, strip searches; searches by various officers and searches of visitors; metal detectors; drug testing; and surveillance. The handbook provides guidelines for conducting a successful search and offers a… [PDF]

Grant, Carl A., Ed.; Ladson-Billings, Gloria, Ed. (1997). Dictionary of Multicultural Education. The focus of this dictionary is the meanings and perspectives of various terms that are used in multicultural education. Contributors have often addressed the literal meanings of words and terms as well as contextual meanings and examples that helped create those meanings. Like other dictionaries, this one is arranged alphabetically, but it goes beyond ordinary dictionaries in the depth of its concern with multicultural education and diversity. Some entries define commonly used terms. Others are court cases and legal precedents, while still others are methodological and theoretical-conceptual entries. Biographical sketches are not included, since a dictionary of this scope and size could not do justice to the many people who have contributed to multicultural education. Nor are terms that describe groups of people included, although the intellectual traditions that have emerged from the struggles of these people have been defined. Standardization of the vocabulary of multicultural…

Mancuso, Laura L. (1994). Employing and Accommodating Workers with Psychiatric Disabilities. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to employing and accommodating workers with psychiatric disabilities. The following topics are addressed: (1) what is meant by a psychiatric disability under the ADA, its severity, and its effect on the employment of the individual; (2) popular misconceptions about people with psychiatric disabilities, including: such disabilities are uncommon; mental illness is the same as mental retardation; likely to be violent; there is no hope of recovery; and people with psychiatric disabilities can't tolerate job stress; (3) legal limitations on determining if a worker has a psychiatric disability; (4) how psychiatric disabilities may affect an individual's work performance; and (5) examples of accommodations for workers with psychiatric disabilities (such as clearly delineated performance expectations and schedules that incorporate flex-time). A listing of 12 sources of additional… [PDF]

Brown, Dale S.; Bruyere, Susanne M.; Mank, David (1994). The ADA and Total Quality Management. Implementing the Americans with Disabilities Act. One of a series of guides on implementing the Americans with Disabilities Act (ADA), this guide focuses on the relevance of total quality management (TQM) principles to the ADA. First, the guide briefly explains both the ADA and TQM. Next, "reasonable accommodation" under the ADA is discussed and suggestions for using TQM to help implement the ADA are offered. These suggestions urge implementation of four TQM principles: capacity building, universal design, focus on strengths rather than deficits, and use of data for decision making. The planning process of TQM is then applied to reasonable accommodation in the form of the Plan-Do-Check-Act cycle. Suggestions for educating personnel about the ADA include adding it to existing TQM training efforts. Several organizational resources are listed. (DB)… [PDF]

Dorsey, Holda; Kissam, Ed (1997). Landlords' and Tenants' Responsibilities and Rights. Tierra de Oportunidad Module 10. LAES: Latino Adult Education Services Project. This module, which may be used as the basis for a workshop or as a special topic unit in adult basic education or English-as-a-Second-Language (ESL) courses, discusses rights and responsibilities as tenants, the rights and duties of landlords, and how to maintain a good working relationship with a landlord. Topics covered include the following: requesting repairs, writing letters requesting repairs and notifying a landlord of a move, asking information from legal assistance, filing a complaint with the U.S. Department of Housing and Urban Development), negotiating within the rules, analyzing legal rights and responsibilities, and locating mediation services. Basic skills covered include using oral and written communication, thinking skills, personal qualities, using resources, interpersonal skills, using information, and working with systems. The module contains the following: teaching points for the instructor; sample classroom activities; a list of 10 resources; a sample lesson… [PDF]

Soltero, Carlos R. (2000). Equality v. Liberty v. Pluralism: Latinos in American Constitutional Law. This paper examines how U.S. courts, particularly the Supreme Court, have applied constitutional law principles to Latino communities and individuals in three areas: public education, the status of Puerto Rico, and jury selection. Consistent with traditional views of American society as biracial (black and white), constitutional law discussions frequently focus only on liberty or equality. This paper shows examples of how courts have resisted constitutional challenges based on pluralism or have favored principles of equality over those of pluralism, and how resulting decisions have not protected Latino rights. Over the past century, Latinos have sought equal educational opportunities through desegregation, bilingual education, and challenges to school funding schemes. Efforts to improve educational conditions initially focused on breaking down segregation based on notions of equality, as Latino precursors to Brown v. Board of Education exemplify. In the Southwest, Mexican Americans… [PDF]

(1999). Burma: The Struggle for Democracy and Freedom. A Resource Guide for Teachers. This resource guide for teachers contains readings, investigative sources, and first-hand accounts of the actions of the present military regime in Burma, a regime which retained power even after it lost the 1990 national elections, and which sponsors repression of pro-democracy forces in the country. The first section, an introduction, includes articles pertaining to the background of the conflict in Burma between the National League of Democracy (NLD) and the Burmese government, as well as a historical overview of Burma. The guide is divided into the following sections: (1) "Aung San Suu Kyi (Biography, Speeches, and Writings)"; (2) "8-8-88"; (3) "Human Rights Violations"; (4) "Child Abuse"; (5) "Harsh Prison Conditions"; (6) "Women's Rights Violations"; (7) "Education in Burma"; (8) "Environmental Destruction"; (9) "Drugs in Burma"; (10) "Refugees from Burma"; (11) "Personal…

Gasman, Marybeth (2000). Passport to the Front of the Bus: The Impact of Fisk University's International Program on Segregation in Nashville, Tennessee. In the 1950's, Charles S. Johnson, the first black president of Fisk University (Tennessee), greatly expanded the institution's international program, attracting many foreign students to the school and creating a milieu that gave American blacks the benefits of integration. This paper examines how the presence of outsiders and outside influences made the segregationist status quo arrangements of the South impractical, absurd, and essentially unenforceable. The international center drew upon cultural, political, and artistic resources from around the world, and programs were open to all Fisk students and the local citizens of Nashville. By encouraging students to think in a global manner, the program attempted to end students' isolation from world ideas; exposure to outside influences fed the changing mindset of Fisk students and accustomed them to an integrated life style and encouraged them to challenge the norms of the local community. The boundary-pushing international program…

Burrell, Sue; Warboys, Loren (2000). Special Education and the Juvenile Justice System. Juvenile Justice Bulletin. This bulletin summarizes provisions of federal law as they pertain to special education and juvenile justice. It discusses provisions of the Individuals with Disabilities Education Act 1997 including: the definition of disability; free appropriate public education; identification, referral, and evaluation; the individualized education program (IEP); special education and related services, due process protections, and the "stay put" rule (that a student should usually stay in his/her current educational placement pending any court proceedings). The bulletin goes on to discuss special education in juvenile delinquency cases specifically, including intake and initial interviews; determination of whether formal juvenile proceedings should go forward; detention; waiver or transfer to adult criminal court; evidentiary issues (insanity, incompetence, intent to commit the offense, and confessions); and disposition. The final section considers youth with disabilities in… [PDF]

(2001). Brief 9: Practices and Policies for Dealing with Students with Mental Health Issues. New England Resource Center for Higher Education Publications. Paper 33. New England Resource Center for Higher Education One of higher education's crowning achievements is that colleges and universities are currently educating many groups of people who have been denied access to this resource in the past. A growing percentage of the new population of students arrives on campus with unique mental health needs, which until now campuses have been largely unprepared to accommodate. This new student profile may be more familiar to Student Affairs' offices, but the educational implications extend to the whole campus. Members of NERCHE's (New England Resource Center for Higher Education) Student Affairs Think Tank discussed this topic at one of their meetings and offer the following insights…. [PDF]

Turner, William H. (1983). Race: The Ignored Dimensions of the Colonial Analogy as Applied to Powerlessness and Exploitation in Appalachia. Western Journal of Black Studies, v7 n1 p10-20 Spr. Examines the social conditions of Blacks in Southern Appalachia, within the context of the region's developing political economy. Suggests that racial equality has not been pursued beyond the need for cooperation between the races, because of reluctance to disturb the preestablished order of Southern life and values. (Author/MJL)…

McCarthy, Martha M. (1983). Application of Competency Testing Mandates to Handicapped Children. Harvard Educational Review, v53 n2 p146-64 May. The author considers the legality of minimum competency testing diploma requirements applied to the handicapped in light of (1) their constitutional and statutory rights to nondiscriminatory treatment, (2) their statutory right to an appropriate education, and (3) their constitutional right to substantive and procedural due process. (Author/SSH)…

Weinberger, Caspar W. (1981). Reflection on the Seventies. Journal of College and University Law, v8 n4 p451-61 1981-82. A former Secretary of Health, Education, and Welfare reviews the social influences that helped shape the federal relationships with higher education in the 1970s, including student aid programs, the developing institutions program, and enforcing antidiscrimination legislation. The search for flexible but useful measures to effect social change through education is highlighted. (MSE)…

Thomas, Stephen B. (1982). Legal Update–The Fifth Circuit and Bilingual Education. Texas Tech Journal of Education, v9 n2 p133-39 Spr. Recent court decisions are reviewed to clarify what schools must do to help non-English-speaking children. Court decisions indicate that: (1) educational programs must be theoretically and practically effective; (2) labeling and grouping procedures must not intentionally discriminate; and (3) teachers must be adequately trained. (PP)…

Olswang, Steven G.; Rutherford, Denney G. (1981). Academic Misconduct: The Due Process Rights of Students. NASPA Journal, v19 n2 p12-16 Fall. Clarifies the legal rights of students accused of cheating or plagiarism. Suggests a procedure which addresses those student rights while preserving faculty ability to grade students only on their own work. Discusses due process requirements and issues related to punishment and academic freedom. (RC)…

Wynne, Lewis N. (1981). The Role of Freedmen in the Post Bellum Cotton Economy. Phylon, v42 n4 p309-21 Dec. Following the removal of the Freedman's Bureau and failure of labor recruitment efforts targeted to Chinese and European immigrants, the practices of sharecropping, tenant farming, and the hiring of convict labor replaced slave labor in the South's postbellum agricultural economy. Lack of minimal economic power among freed Blacks resulted in slave labor conditions. (JCD)…