Cambron-McCabe, Nelda H.; McCarthy, Martha M. (1987). Public School Law: Teachers' and Students' Rights. Second Edition. To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily school operations are examined in 14 chapters: (1) "The Legal Foundation of Public Education" (examining the state and federal role in educational law); (2) "Church-State Relations"; (3) "School Attendance and Instructional Issues"; (4) "Students' Rights in Noninstructional Matters"; (5) "Student Classification Practices"; (6) "Student Discipline"; (7) "Terms and Conditions of Employment"; (8) "Teachers' Substantive Constitutional Rights"; (9) "Discrimination and Employment"; (10) "Termination of Employment"; (11) "Collective…

(1992). School Desegregation–The Unfinished Agenda. Proceedings from the Daisy Bates Educational Summit (Little Rock, Arkansas, May 9-11, 1991). This publication presents the proceedings of an educational summit held in May 1991 to honor D. Bates and to examine the unfinished agenda of the desegregation movement. Bates was President of the Arkansas State Conference of the National Association for the Advancement of Colored People (NAACP) when the Little Rock (Arkansas) School Board voted to desegregate Central High School in 1957. At the summit in 1991, 21 education scholars, NAACP staff and national board members, state and local NAACP presidents, and selected education and legal redress chairpersons gathered to discuss the current status and future prospects for school desegregation. The proceedings are presented in a narrative form concerning the following topics or sections: (1) introduction; (2) conference overview; (3) whether school desegregation is still feasible; (4) desegregation successes and failures; (5) second and third generation desegregation (within school segregation and unequal educational outcomes); (6)…

Angell, Ann V. (1990). The Rights of Children in Japan: A Teaching Unit for the Upper Elementary Grades (4-6). Designed for grades 4-6, this teaching unit explores children's rights from a comparative perspective by focusing on the rights of Japanese children as revealed in a collection of stories written by Japanese junior high school students. The unit outlines a series of lessons that explore the nature of children's rights and inquire about the extent that young people in Japan enjoy those rights. The unit contains a set of 20 stories that depict the daily lives of Japanese young people. Supplementary materials include: (1) the text of the U.N. Declaration of the Rights of the Child; (2) text of the U.N. Convention of the Rights of the Child; and (3) selected news articles related to children's rights in Japan and published between 1989-90. Four introductory activities and two additional activities provide ideas for working with the stories and text. (CK)… [PDF]

Astin, Paul (1986). Dictatorships and Repression against the Universities: The Transition to Military Rule in Latin America and the Impact on Enrollments in the Social Sciences. This paper focuses on the transition to military rule in Brazil (1964), Uruguay (1973), Chile (1973), and Argentina (1976) and examines the argument that the disciplines which lend themselves to analysis of the social order, such as the social sciences and humanities, are most often the target of political repression. Argentina, Uruguay, and Chile all had stable democracies for most of the 20th century, and each suffered an abrupt transition to brutal military rule. Brazil had a shorter tradition of democratic government when it fell to military rule in the 1960s. In each case the transition to military rule was followed by repression against academic freedom, including purging of university faculty and students, closing entire departments and universities, and at times the murder of students and faculty by the military. The social sciences suffer more than other disciplines under repressive regimes because they sensitize students to problems inherent in the existing social order….

Carroll, Diane, Ed.; Jain, Harish C., Ed. (1980). Race and Sex Equality in the Workplace: A Challenge and an Opportunity. Proceedings of a Conference (Hamilton, Ontario, September 28-29, 1979). These proceedings contain the addresses and panel and workshop presentations made at the September 1979 Conference on Race and Sex Equality in the Workplace: A Challenge and an Opportunity. (Purpose of the conference was to promote a better understanding of human rights legislation and current equal employment and affirmative action programs and to recommend action-oriented equal employment, compensation, and affirmative action policies.) Three welcoming and four opening addresses are presented first. Nineteen presentations made during three panels and three workshops are then provided. Topics for both the panels and workshops are equal pay, affirmative action, and seniority, promotions, and layoffs. Other conference addresses include (1) Promotions, Layoffs, and Seniority under the Antidiscrimination Laws of the United States, (2) I Recommend an "Industrial Relations" Approach to Race and Sex Equality in the Workplace, and (3) Implications for Policy-Markers, a summary of… [PDF]

(1975). Recommendations to Implement State Board of Education Policy Regarding Racial/Ethnic Concentrations in Schools. This report contains information on the constitutional decision to prevent and eliminate racial and ethnic segregation in the State of California. The implications of the California Supreme Court decision on the constitutional duty of schools to eliminate segregated education are presented, along with the State Board of Education declaration of policy regarding de facto segregation. Six characteristics resulting from the efforts of the Equal Educational Opportunities Commission to assist the State Board to implement the policy are listed. Among them are that academic achievement of all ethnic groups will meet or exceed accepted national norms, that self concept and attitudes toward school and learning will be equally positive among all ethnic groups, that status roles and participation of pupils, school staff, and parents in the life of the school will be comparable among all racial and ethnic groups, and that school staffs will be representative of all racial and ethnic groups…. [PDF]

Federle, Katherine Hunt (1994). Juvenile Court Abolition. Debate. Update on Law-Related Education, v18 n1 p32,36-37 Win. Contends that the juvenile court system should be abolished because its paternalistic underpinnings fundamentally are inconsistent with children's rights. Asserts that current theories of human rights are tied to competency, which has been used historically to exclude women and minority groups from the category of rights holders. (CFR)…

(1978). A Charter for Improved Rural Youth Transition. The Charter is intended to help shed light on rural youths' transition from education to work, and results from the 1977-78 activities of eight rural councils of the Work-Education Consortium. Recognizing the wide diversity of definitions for rural and nonmetropolitan, and understanding that rural youth are faced with economic and educational disadvantagement, the councils feel that their challenge is to work toward creating rural economic opportunities that will enhance the quality of community life and reflect community values. Toward that end, 10 propositions have been developed. While several propositions deal with the roles rural work-education councils should fulfill in providing various opportunities for rural youth, other propositions are: because national data do not adequately reflect the dimensions of rural living, the councils should collect, develop, and disseminate more relevant, accurate, and usable data regarding local rural communities; expansion of education and… [PDF]

Sandmann, Warren (1998). Current Cases on Academic Freedom. This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him for two tenure-track positions after he voiced opposition to multicultural education and criticized "barbaric" cultural practices in some countries of Africa and Asia; "Kincaid v. Gibson," in which the U.S. District Court of the Eastern District of Kentucky granted summary judgment for the University of Kentucky, denying any claims of infringement of the First Amendment in the refusal to distribute the school yearbook; and "Loving v. Boren," in which the U.S. Court of Appeals for the 10th Circuit upheld a lower-court decision that a University of Oklahoma professor lacked standing to challenge university… [PDF]

Barham, Frank E.; And Others (1986). The Equal Access Law: One Nation Under God?. Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings, and preserving local control of schools. This paper reviews a number of legal issues associated with implementation of the new law, drawing on federal court cases as examples of the problems faced and ways in which those problems may be resolved. Among these issues are the extent to which schools are justified in limiting student activities, and under what circumstances; the extent to which participation in such activities by staff members may be construed as state support or approval; the form to be taken by official responses to violations of the new law; and the ability of students to make mature decisions concerning participation in…

Rustin, Bayard; And Others (1975). The Voting Rights Act–An Historical Perspective. Journal of Intergroup Relations, 4, 2, 5-37, May 75. This address to the morning session of the Southern Policy Conference on the Voting Rights Act of 1965 puts the Act in an historical perspective in which its importance is clearly perceived; also includes is a discussion of the address by Nicholas Katzenbach, Vernon Jordan, James P. Turner, and George H. Esser, persons who either were involved in the passage and/or the implementation of the Act. (JM)…

Counselor, Educator, Student Responsibilities. This publication lists the responsibilities of the counselor/educator and the student in a columnar arrangement. It speaks first to the 12 main aspects of human rights, such as Freedom of Religion, Freedom of Inquiry and Expression, Due Process, Freedom of Association. Under each main division several examples are listed, such as School Religious Practice, Language Usage; then the corresponding counselor/educator and student responsibilities are briefly but clearly stated. (PFS)…

Marshall, Thurgood (1987). The Evolving Constitution. Update on Law-Related Education, v11 n3 p3,48 Fall. Argues that bicentennial celebrations of the U.S. Constitution should be focused on struggles throughout the life of the document rather than the "miracle" of its birth. Illustrates this point by reference to changes in the voting rights and citizenship of black citizens. (BSR)…

Gluckman, Ivan B. (1985). Legal Aspects of Student Activities. NASSP Bulletin, v69 n483 p10-16 Oct. Reviews recent court cases relating to student, school, and staff responsiblity regarding student activities. Includes discussions of regulations concerning student participation, limitations on participation based on conduct, charging fees, and liability in injury cases. (MD)…

Hammond, Edward H.; Vaught, Thomas M. (1976). Search and Seizure in University Owned or Operated Residences. Viewpoints, 52, 5, 21-32, Sep 76. Court litigation concerning search and seizure has made clear that a university cannot violate the individual Fourth and Fifth Amendment rights of the student and that prior judicial review must take place–either by an external magistrate (for court-admissible evidence) or institutional judiciary (for student disciplinary action). (MB)…

Haynes, Charles C. (2001). Religious Liberty and the Public Schools. Fastback 479. The First Amendment supports one of the boldest and most successful experiments in religious liberty in human history. The challenge for 21st Century America is to sustain this extraordinary arrangement and expand its principles more fairly and justly to each and every citizen. Public schools are the principal institution charged with enabling Americans to live with one another's deepest differences. Over the past decade, religious and education groups from across the spectrum have adopted a series of consensus guidelines on matters of religious liberty such as religious holidays, student clubs, and cooperative arrangements between religious communities and public schools. The central philosophy revolves around the "civil school," where religion is not inculcated or inhibited but treated with fairness and respect. Such schools demonstrate fairness in that the curriculum includes study about religion, where appropriate, taught neutrally and objectively and as part of a…

Ducharme, Jean-Charles (1996). Minority-Language Educational Rights: The Implementation of Section 23 of the "Canadian Charter of Rights and Freedoms": Status Report. New Canadian Perspectives. The Canadian Charter of Rights and Freedoms (1982) brought to the Canadian education system the right to instruction in the minority language. However, it is the province that must establish the appropriate school structures for exercise of that right. The study reported here outlines the current situation in the Canadian provinces and territories with respect to minority-language instruction and the management of educational facilities by official-language minority groups. First, it looks at the parameters within which those rights are exercised, and examines the current situation in each province and territory (Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, Northwest Territories, Yukon), presenting the relevant legislative provisions. The study is intended to be a useful reference on language rights in education in Canada. Enabling statutes are also summarized in an appended list. (MSE)… [PDF]

Silverman, William, Ed. (1972). Legal Developments in Urban Education. Education and Urban Society, 4, 2, 249-255, Feb 72. …

Smith, Christopher (1972). The Constitutional Parameters of Student Protest. Journal of Law and Education, 1, 1, 39-63, Jan 72. …

Lemley, Charles R. (1982). Students and Freedom of Expression. College Student Journal, v16 n4 p312-14 Win. The United States Constitution guarantees freedom of speech to all citizen students. However, this right is not absolute. There is a point at which the right to free expression must be curtailed in the interest of providing the most effective teaching and learning environment. (Author/RC)…

Clune, William H., III (1979). Evaluating School Discipline through Empirical Research. Education and Urban Society, v11 n4 p440-49 Aug. The problem of developing a widely acceptable set of standards for evaluating school discipline is examined. The issue of determining what kinds of evidence best indicate whether schools are living up to norms of basic fairness in their evaluation standards is also explored. (RLV)…

Rubel, Robert J. (1979). The Relationship between Student Victories in the Courts and Student Violence in the Schools. Contemporary Education, v50 n4 p226-30 Sum. The coincidence of increased student violence with increased student court victories indicates that there may be a causal relationship between the two. (LH)…

Melton, Gary B. (1996). The Child's Right to a Family Environment: Why Children's Rights and Family Values Are Compatible. American Psychologist, v51 n12 p1234-38 Dec. Although the U.N. Convention on the Rights of the Child has been criticized as antifamily because of its emphasis on family function rather than form, careful reading shows that it is not only supportive of strong families but offers a creative and conceptually coherent foundation for government action to promote and protect family life. (SLD)…

Eveslage, Thomas E. (1995). Stifling Student Expression: A Lesson Taught, A Lesson Learned. Contemporary Education, v66 n2 p77-81 Win. Substantive student publications can bring the democratic process to life in high schools. The article presents examples of student censorship by high school teachers and advisors, noting that the attempt to inhibit students' written expression may short-circuit a useful learning tool that can prepare students for productive citizenship. (SM)…

Zirkel, Perry A. (2002). Judgment Day. Phi Delta Kappan, v83 n7 p561-62 Mar. Describes Illinois case involving the expulsion of five students for a gang-related brawl at a high school football game in Decatur. Students brought suit against the school district claiming violation of their 14th Amendment right to procedural due process. Both the federal district court and court of appeals rejected the students' claim. Discusses lessons for school law. (PKP)…

Sharma, Parul (2005). Mental Health Aspects of Victims of Crime with Special Reference to Children. Journal of Indian Association for Child and Adolescent Mental Health, v1 n4 Oct. Every woman, man, youth and child has the human right to the highest attainable standard of physical and mental health, without discrimination of any kind. This is enshrined in the Indian Constitution and the Universal Declaration on Human Rights. Enjoyment of the human right to health is vital to all aspects of a person's life and well-being, and is crucial to the realization of many other fundamental human rights and freedoms. Furthermore, the social rights of victims of crime and their sensitive needs for mental health support is based on the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 (Resolution adopted by the UN General Assembly, non-binding principles upon member nations). Remarkable developments have taken place both internationally and nationally when it comes to prioritising child rights, but the links between child abuse, child labour and the care for a child's mental health are still absent. The role of mental health of… [PDF]

Marples, Roger (2005). Against Faith Schools: A Philosophical Argument for Children's Rights. International Journal of Children's Spirituality, v10 n2 p133-147 Aug. In spite of the fact that the Universal Declaration of Human Rights grants parents the right to an education in conformity with their own religious convictions, this paper argues that parents should have no such rights. It also tries to demonstrate that religious and cultural minorities have no rights to establish faith schools and that it is a child's right in trust, to autonomous well-being, which trumps any such claims. Faith schools, it is argued, represent a real and serious threat to children's autonomy, especially their emotional autonomy. As such, they are incompatible with the aims of education required by a liberal democracy. (Contains 16 notes.)… [Direct]

Grover, Sonja (2004). Secondary Education as a Universal Human Right. Education and the Law, v16 n1 p21-31 Mar. Despite any international declarations to the contrary, basic education comes in practice to be conveniently regarded by governments as being synonymous with the level of schooling that the State stipulates is free and compulsory. Thus the operational definition of basic education is quite variable internationally and often does not include secondary schooling. Exacerbating the situation is the fact that international human rights instruments do not mandate that education be free and compulsory until the end of secondary school. However, these instruments do stipulate that the child's right to education involves the right to develop to their \full potential\. That is unlikely to occur for most children with less than secondary school completion as a \basic education\. It is argued here then that States have an obligation under international law to ensure access to inclusive school systems that facilitate secondary school completion by extending free, compulsory education to the end… [Direct]

Hadjikakou, Kika; Hartas, Dimitra (2008). Higher Education Provision for Students with Disabilities in Cyprus. Higher Education: The International Journal of Higher Education and Educational Planning, v55 n1 p103-119 Jan. Internationally, the number of students with disabilities entering higher education institutions is on the rise. Research estimates that 8-10% of students attending higher education are registered with disability, with learning difficulties being the most commonly reported disability. Widening participation in higher education has been supported by legislative changes, inclusive education practices, the use of ICT and accessible facilities and programs and, ultimately, an increasing belief among students with disabilities that higher education maximizes their opportunities for employment and independent living. Within the Cypriot context, research on disability, access and provision in higher education is limited. This study was a part of a large-scale study (PERSEAS) funded by the EU. From the original sample, 15 students attending private higher education institutions in Cyprus reported disability (i.e., sensory impairment, dyslexia, physical disabilities) and were selected for… [Direct]

Horwedel, Dina M. (2006). For Illegal College Students, an Uncertain Future. Diverse: Issues in Higher Education, v23 n6 p22-26 May. With almost two million undocumented children in school and an estimated 65,000 graduating from high school every year, higher education is becoming the new frontier in the immigration debate. In 1982, the U.S. Supreme Court ruled that the children of illegal immigrants have a right to a free K-12 education. However, the court never extended that right to higher education. What has resulted is uncertainty state by state–and often case by case–about how to respond to undocumented students. Some institutions summarily reject such students while others accept them as international students. Still other institutions play a quiet game of \don't ask, don't tell.\ Multiple immigration bills that hope to clarify the situation are currently working their way through the U.S. Congress, including the DREAM Act. With a contentious debate about immigration raging, the future of the act is uncertain. Its proponents argue that it should be considered on its own merits because it concerns fairness… [Direct]