MacKay, Robert (1977). Children's Intellectual Rights. Interchange, 8, 1-2, 109-18, 77-78. The author examines the question of children's intellectual rights in two ways: first, how the question of rights in general arises, and, second, the rights implied in two educational contexts–testing and classroom lessons. (MJB)…

(1978). ASCA Position Statement: Student Rights: A Right to Due Process. School Counselor, 25, 5, 335, May 78. Presents the American School Counselor Association position statement on student rights by declaring its support of \the rights of all students to be guaranteed the protections of due process as provided by the United States Constitution.\ The role of the counselor is also discussed. (Author/HLM)…

Adams, Julian (1986). Fraser, Hazelwood Decisions: One Negative, One Positive. Communication: Journalism Education Today (C:JET), v20 n1 p14-15 Fall. Discusses the federal court cases of \Bethel School District v. Fraser\ and \Kuhlmeier v. Hazelwood School District,\ which resulted in one win and one loss for freedom of student expression. (SRT)…

Genser, Lillian (1985). Children's Rights and Responsibilities–A Teaching Unit for the Elementary Grades. Social Education, v49 n6 p500-03 Sep. The 10 principles of the document \The Declaration of the Rights of the Child and the Child's Declaration of Rights and Responsibilities\ are used in this elementary teaching unit. Following each principle, a \right\ and a \responsibility\ are listed. Children discuss the document. Additional activities and resources are also suggested. (RM)…

Sendor, Benjamin (1986). Good News: Courts Uphold 'Reasonable' Searches. American School Board Journal, v173 n3 p24 Mar. In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)…

(2005). Procedural Safeguards in Special Education Under IDEA. Montana Office of Public Instruction Parents of a child who may receive special education, have certain rights that are guaranteed by federal law: the Individuals with Disabilities Education Act (IDEA). These rights are listed in this brochure and include parental rights to participate in meetings dealing with the identification, evaluation, and educational placement of your child and the provision of a free appropriate public education to your child. One of these parental rights is to be informed of all the rights available to you in writing, in your native language (unless it is clearly not feasible to do so), and at a level understandable to the general public. You are entitled to a copy of these procedural safeguards at least one (1) time per year, and: (1) upon initial referral or parental request for evaluation; (2) upon the initial filing of a complaint; and (3) upon request by a parent. If you would like a full explanation of these rights, please contact your local school district superintendent or director of… [PDF]

Burns, B. Darren; Dieterich, Cynthia A.; Villani, Christine J. (2002). Resurrection of the Eleventh Amendment: Are the Rights of Special Education Students in Jeopardy?. The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal suits. Although language of the amendment preserves the sovereign immunity of the states, it is settled that this protection extends also to state agents, state instrumentalities, and regents. This extension does not, however, reach to counties and municipalities. Consequently, there are some county school districts that do not enjoy such immunity from federal suits. It remains to be seen how this split plays out in the area of lawsuits brought for alleged violations of federal law governing special education and disabled students. In the area of rights of students with disabilities, as with other federal laws, it remains to be seen whether a…

(2001). What Schools Need To Know: LGBT Students and the Law. This document examines legal issues regarding the education and rights of lesbian, gay, bisexual, and transgender (LGBT) students and the responsibilities of school personnel to protect them. Part 1, "Issues of Freedom," discusses whether students have the right to form LGBT student groups, to express their points of view on LGBT issues, to post relevant information on student bulletin boards, to access LGBT information in school libraries, to raise LGBT issues relevant to classroom discussions, and to take same-gender dates to school functions. Part 2, "Issues of Equality and Safety," discusses whether the Equal Protection clause of the 14th Amendment protects LGBT students from harassment, how the law defines sexual discrimination and harassment, types of conduct considered sexual harassment, whether schools are liable for peer sexual harassment of LGBT students at school, whether school personnel must report abuse or neglect of LGBT students at home, and… [PDF]

Ransom, Lawrence B. (1976). Employment Discrimination: Statute of Limitations Under Section 1981 Not Tolled by Filing of Charges with EEOC Under Title VII. Wisconsin Law Review, 1, 288-305, 76. In Johnson v. Railway Express Agency, Inc., the Supreme Court considered Willie Johnson's complaint of racial discrimination with respect to seniority and job assignments. The author suggests that the Court avoided constructive consideration and application of federal policies to combat employment discrimination. (LBH)…

Ramsland, John (1989). La Maison Paternelle: 'A College of Repression' for Wayward Bourgeois Adolescents in Nineteenth and Early Twentieth Century France. History of Education, v18 n1 p47-55 Mar. Describes the Maison Paternelle de St Antoine near Tours, France, which operated as a private institution for the correction of recalcitrant bourgeois adolescents from 1855 until 1909. Cites the suicide of an inmate as the factor which led to the closing of this facility and the focusing of attention in France on the rights of children. (KO)…

Ford, Donna Y.; And Others (1995). Meeting the Educational Needs of the Gifted: A Legal Imperative. Roeper Review, v17 n4 p224-28 May-Jun. Developments at the federal level affecting the legal and educational rights of gifted students are briefly examined, along with evidence supporting the need to establish special programs that are mandated and for which state schools are accountable. Eight challenges are presented and accompanied by recommendations regarding education for children who are gifted. (Author/SW)…

Mawdsley, Ralph D. (2004). Student Rights, Safety, and Codes of Conduct. New Directions for Community Colleges, n125 p5-15. Community college students, like students in all of higher education, find their relationship with the college defined by contract. However, this contract is shaped and influenced by rights granted under state and federal constitutions and statutes. Knowing what these rights are can assist college officials in avoiding unnecessary litigation…. [Direct]

O'Keefe, Bryan; Vedder, Richard (2008). "Griggs v. Duke Power": Implications for College Credentialing. John William Pope Center for Higher Education Policy (NJ1) This paper is about a court case decided by the U. S. Supreme Court in 1971. Although attorneys recognize that the case is important to businesses, its impact on colleges and universities has been explored by only a few. As this paper will show, "Griggs v. Duke Power" may have enormously boosted the number of students in college and may have increased the differential in income between high school and college graduates. It may have led to higher tuition, without providing commensurate additional value. This paper will describe "Griggs," the environment from which it emerged, and the subsequent judicial and political activity that created such great constraints on testing. It will discuss testing today and then provide economic information suggesting the magnitude of the changes that "Griggs" may have instigated. This paper suggests that additional scholarly work on the impact of "Griggs" on higher education is appropriate. (Contains 2 figures… [PDF]

Belanger, Denise; Brown, Lou; Certo, Nicholas J.; Courey, Susan; Luecking, Richard G.; Murphy, Sara (2008). Seamless Transition and Long-Term Support for Individuals with Severe Intellectual Disabilities. Research and Practice for Persons with Severe Disabilities (RPSD), v33 n3 p85-95 Fall. The amendments to the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004 reiterate the significance of producing real postsecondary education, employment, and independent living outcomes. However, current employment data continue to show widespread unemployment and very limited access to inclusive community environments and services for adults with severe intellectual disabilities. On the contrary, data from the Transition Service Integration Model (N. J. Certo et al., 2003) demonstrate that these recalcitrant problems could be attenuated if two changes are implemented: the transition from school to adulthood components of IDEIA be strengthened to explicitly authorize school districts to subcontract with appropriate private agencies at the point of transition to produce direct-hire, individualized employment and adult living outcomes and that the federal government amend the Developmental Disabilities Assistance and Bill of Rights Act to provide an entitlement to… [Direct]

Ding, Yi; Van Dyke, Don C.; Xiao, Fei; Yang, Ling-Yan (2008). Post-Mao China: Educational Services for Exceptional Individuals. Journal of the International Association of Special Education, v9 n1 p38-50. When William Moore, a Scottish Presbyterian pastor, established the first special school in China in 1874, the country began her long and circuitous journey toward establishing formal educational services for individuals with special needs. Special education in China developed slowly on the infertile soil of continual wars, political instability, and adverse economic conditions for about three quarters of a century. These services are now developing more rapidly in concert with economic reforms and the Open Door Policy initiated in 1978. Legislative and policy changes initiated by the central government have encouraged increasing numbers of exceptional students to enroll in elementary and secondary schools, with similar outcomes occurring in vocational education and higher education. Although recent achievements in providing educational services to exceptional individuals have been positive, further development of special education in China warrants systematic efforts in improving… [Direct]

Chapman, Gordon R., Ed.; And Others (1981). Harassment and Discrimination of Women in Employment. Working Paper Prepared for the Conference on Harassment in the Workplace (Washington, DC, July 7-9, 1981). The problem of harassment of women in the workplace has received increasing attention from government agencies, Congress, and the courts in recent years. This growing general awareness of the problem of harassment and sex discrimination by both employers and employees is being made more acute by women's growing demands for career opportunities equal to men as well as for egalitarian, non-discriminatory, and harassment-free working conditions. The demand for solutions is therefore increasingly insistent. The alternative remedies open to women employees reflect alternatives for employers as well. The choices are that either ways are found for dealing effectively with the problem within the organization through fair administrative regulations and effective grievance procedures, or ways will be found outside the organization in the courts and through advocacy efforts. Either way, these choices cannot be made by the perpetrators or victims. Self-policing of harassment and discrimination… [PDF]

Desegregation and the Public School. Info-Item Educators Digest/ No. 1041. This handbook provides a step-by-step approach for school systems to guide them in dealing with some of the more complex issues where desegregation and the development of plans is concerned. The legal implications of desegregation and factors necessitating affirmative action are discussed. An outline is given for organizing a task force on desegregation, including such factors as assessing local needs, initiating action, developing detailed plans for implementing necessary changes, communication and cooperation within the community, and the utilization of resources within the community. The final section deals with developing strategies for school desegregation. Sound educational objectives are defined, and the role of parents is discussed, as well as the assignment of students to schools, the achievement of racial balance, and feasible remedies for existing inequities. A glossary of desegregation-related terms is appended. (JD)… [PDF]

Delgado, Richard (1992). Campus Antiracism Rules: Constitutional Narratives in Collision. Northwestern University Law Review, v85 n2 p343-87 Win. Racial tension on college campuses and attempts to respond with antiracism rules are discussed. Such rules may be viewed as conflicting with the First Amendment or falling within the realm of equality-protecting amendments. Both perspectives are valid, but conflicting. A "postmodern" insight may address the gap. (JB)…

Kenny, Maureen; Reilley, Margaret (1991). A Bill of Rights Assembly. Update on Law-Related Education, v15 n1 p9-12 Win. Presents a student- and community-produced assembly program in which several Supreme Court cases are reenacted. Focuses on student rights concerning search and seizure, freedom of speech, and freedom of of the press. Provides a 40- to 50-minute script with roles for narrators, administrators, police officers, reporters, lawyers, and students. (CH)…

Paupp, Terrence E. (1993). Building the Third Reconstruction Society: A Proposed United States Charter for Socioeconomic Rights. Urban League Review, v16 n1 p67-76. Proposes to replace the principle of equal opportunity with an "anti-caste" principle to build a new society and to secure economic and social rights. Suggests a United States Charter for Socioeconomic Rights. Outlines the moral, legal, and political bases for the proposal and offers a Charter version. (JB)…

Wringe, Colin (1986). Three Children's Rights Claims and Some Reservations. New Directions for Child Development, n33 p51-62 Fall. Considers whether children have a right to education, to access to knowledge, and to freedom of expression. Although sympathetic to the view that children should be seen as persons with broad intellectual rights, explores some concrete cases that illustrate the difficulty of applying abstract principles to specific situations. (NH)…

Bickel, Robert R.; Birtwistle, Tim; Kaye, Tim (2006). Criticizing the Image of the Student as Consumer: Examining Legal Trends and Administrative Responses in the US and UK. Education and the Law, v18 n2-3 p85-129 Jun. There is widespread concern that higher education is being compromised by being turned into a "commodity" to be "consumed". This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between "commodification" and "consumerism". Education has always been a commodity to be bought and sold; the true danger lies in the move to a "rights-based" culture where students (and politicians) see education merely as something to be "consumed" rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education. (Contains 158 notes.)… [Direct]

Ashmore, Robert W.; Herman, Brian M. (2006). Abuse in Cyberspace. School Administrator, v63 n5 p33 May. With the continued explosive growth of personalized websites, more and more public school administrators can expect to face situations in which inappropriate materials have been posted by a teacher, staff member or student. While failing to recognize employees' rights of free speech can result in legal liability, administrators also must be prepared to identify unprotected speech and determine when Internet postings are causing material disruptions or resulting in a flow of inappropriate materials into the school. In this article, based on the authors' legal representation of school districts, they suggest some approaches for dealing with such issues when they arise. In determining how to deal with such matters, consider first when websites and blogs can be legally monitored; when to actually monitor; how to notify employees of the intent to monitor; and whether any objectionable postings are legally protected or instead form a basis for discipline or discharge…. [Direct]

Doron, Israel (2006). Bringing the Law to the Gerontological Stage: A Different Look at Movies and Old Age. International Journal of Aging and Human Development, v62 n3 p237-254. Films often portray the complexities of real-life aging issues, showing how they are apparently handled outside of and around the law or legal issues. Furthermore, films considering the aged and the social issues associated with aging also reveal how the law actually functions as a framework around and within which people develop customs, habits, and behaviors related to the issue of old age. Exposing these hidden socio-legal boundaries allows us to better understand both the films concerned and the place of law within our aging society. In an attempt to better understand these issues, this article deconstructs five relatively modern and well-known films. All feature aged protagonists, and all tell their stories against a background of legal issues that are only alluded to, and remain hidden \behind the scenes.\ Two main questions are addressed by this analysis: First, to what extent does the reality of old age as described in the films considered here reflect familiar social… [Direct]

Thorens, Justin (2006). Liberties, Freedom and Autonomy: A Few Reflections on Academia's Estate. Higher Education Policy, v19 n1 p87-110 Mar. There are several reasons why the issues of academic freedom and university autonomy have re-emerged on the agenda in the last few years. First of all, there is the spiralling increase in the number of students since the end of the Second World War with, as its corollary, the explosion in most countries–whatever their political or social system–of the number of higher education institutions. Three other phenomena have also played just as decisive a role: (1) the fall of many dictatorial or authoritarian regimes, and more especially the Communist regimes in the former Soviet Union and Europe; (2) the growing influence of the economic world, be it on teaching or research, with applied and basic research contracts being more and more entrusted to universities, and the creation of "universities" by or within large firms, and more especially multinationals; and (3) the ever more rapid development, thanks to the new means of communication offered by today's technology, of… [Direct]

Cooney, Margaret H.; Williams, Karen Cachevki (2006). Young Children and Social Justice. Young Children, v61 n2 p75-82 Mar. In classrooms for young children, educators can strive to create a climate in which every child can question and learn, a place where everyone's story–their background and experiences–is respected. This article presents a rationale and a framework for teaching children about social justice. While the social justice learning activities in this article are developmentally appropriate for children, the authors express their hope to stimulate conversation among teachers, administrators, families, and other colleagues about their relationship to children's overall education…. [Direct]

Stowe, Matt; Turnbull, Ann; Turnbull, Rud; Wehmeyer, Michael (2006). Growth Attenuation and Due Process: \A Response to Gunther and Diekema (2006)\. Research and Practice for Persons with Severe Disabilities (RPSD), v31 n4 p348-351 Win. This article presents the authors' response to Gunther and Diekema's argument about growth attenuation and due process. As a case study, growth attenuation raises complicated issues. The authors address some issues that have not been sufficiently addressed. Those involve family support, assistive technology, constitutional rights to \self,\ the standards and procedures for decision making, and the social construction of disability. Then, they connect this case to two other issues: the human genome project and the uses of neuroscience. Both seek to enhance a person in order to achieve a quality of life that is more acceptable to the person, the person's family, and society. They conclude by looking to the future of enhancing the quality of life of people and families affected by disability. But they do so, fully mindful of the nation's shameful history of discrimination, all too often abetted by professionals aggressively employing usual and innovative technologies…. [Direct]

Walters, Ronald (1996). The Great Plains Sit-in Movement, 1958-60. Great Plains Quarterly, v16 n2 p85-94 Spr. A participant in the 1958 Wichita, Kansas, lunch counter sit-ins recounts the history of early Great Plains sit-ins and discusses how they were related to, if not the cause of, the more famous Greensboro, North Carolina, sit-ins. Discusses factors leading to the sit-ins, and the fact that black youth pioneered them. (TD)…

(1989). Canadian Human Rights Act. Office Consolidation = Loi canadienne sur les droits de la personne. Codification administrative. The Canadian Human Rights Act extends the laws in Canada that proscribe discrimination by establishing that each individual has the right to make the life for him- or herself that he or she is able and wishes to have, consistent with the duties and obligations of a member of society, without being hindered or prevented from doing so by discriminatory practices based on race, national or ethnic origin, color, religion, age, sex, marital status, family status, disability, or conviction for an offense for which a pardon has been granted. Discrimination on the basis or pregnancy or childbirth is considered to be on the basis of sex. Among discriminatory practices defined in this report are: (1) denial of goods, services, facilities, or accommodations; (2) denial of commercial or residential accommodation; (3) employment practices and/or employee organizations that discriminate; (4) wage differences based on one of the defined conditions; (5) expressions of discriminatory notices and…

Lambert, Robert G., Jr. (1985). Grant's Final Battle: The Writing of His Memoirs. In the summer of 1884, Ulysses S. Grant wrote his "Memoirs," which were published and promoted by the great American writer, Mark Twain, who encouraged and aided Grant in his literary work. Grant was fatally ill with cancer of the throat and raced against time to complete his manuscript. He was motivated by the desire to provide financial support for his family, which had been impoverished by his business failures. The book that emerged from Grant's courageous efforts is a masterpiece, which literary experts and historians have compared to Caeser's "Commentaries.""The Personal Memoirs of U. S. Grant" treats his childhood slightly, expands to detail his Mexican War experiences, skims over his inter-war activities, and concludes with a major emphasis on his participation in the Civil War. Grant's clear, concise, treatment of Civil War experiences have made his book a classic of military history, which is studied in military academies throughout the world…. [PDF]