Yates, Lyn (2006). Does Curriculum Matter?: Revisiting Women's Access and Rights to Education in the Context of the UN Millennium Development Targets. Theory and Research in Education, v4 n1 p85-99. This article discusses the relevance of curriculum to current UN Millennium targets to extend access to education and equality in education for women. It argues, firstly, that it is contradictory to be concerned about women's access to education but leave curriculum out of the discussion; secondly, that curriculum is not adequately seen as a choice between imposing new universal values or leaving cultural traditions untouched, but is about choices within a situation where cultural traditions are neither untouched nor monolithic; and, thirdly, that attention to who speaks and who is heard in developing and assessing new practices remains important in any initiatives to extend education rights for women. (Contains 5 notes.)… [Direct]

McCarthy, Martha (2006). The Legality of School Vouchers: Round Two. Journal of School Choice, v1 n3 p17-28. In 2002 the U.S. Supreme Court ruled that state-supported vouchers, which parents can redeem in private schools, do not offend the Establishment Clause of the First Amendment. Thus, the legality of government vouchers to fund education will be determined primarily on the basis of state law. Specifically, programs are being challenged under state constitutional provisions calling for the legislature to provide for a uniform system of education or provisions prohibiting the use of public funds in sectarian institutions. This article explores legal developments in this regard, with particular emphasis on implications of the recent state supreme court decisions striking down challenged voucher programs. Also addressed is current legislative activity, which will likely generate additional litigation pertaining to school vouchers. (Contains 1 note.)… [Direct]

LeCompte, Karon N. (2006). Conditions of Democracy: Elementary Perspectives. Social Studies and the Young Learner, v19 n1 p28-31 Sep-Oct. Exposure to ideas helps young children articulate their own beliefs and sharpens their connections. Teachers can provide opportunities for children to advance their knowledge about democratic conditions through sustained discourse, or, as described in this article, purposeful class discussions followed by hands-on activities. The author describes classroom activities involving eleven examples of democratic conditions that allow children to build upon one another's ideas, as well as have their own ideas heard. These exercises, which use as examples everyday actions–such as buying items at the local grocery store, using a leash to walk the dog, and obeying traffic signs–allow children to learn about their democratic rights in terms they understand. (Contains 1 table and 11 notes.)… [Direct]

Schmidt, Peter (2006). Supreme Court Shows Increased Skepticism toward Affirmative Action. Chronicle of Higher Education, v53 n17 pA20 Dec. The U.S. Supreme Court provided evidence that its membership had shifted to be more critical of affirmative action as it heard oral arguments last week in two cases involving the race-based assignment of students to public schools. Although the court did not exhibit any desire to reconsider its stand on affirmative action in higher education, the justices could still end up handing down rulings that clarify, alter, or conceivably even reverse its past decisions dealing with race-conscious college admissions policies. Many legal analysts watching the proceedings concluded that the court now has a five-member majority that is unlikely to accept most uses of racial and ethnic preferences in education…. [Direct]

Jean-Marie, Gaetane (2006). Welcoming the Unwelcomed: A Social Justice Imperative of African-American Female Leaders at Historically Black Colleges and Universities. Educational Foundations, v20 n1-2 p85-104 Win-Spr. The social movements during the last 50 years of the 20th century were among the most tumultuous years for people of color. African Americans, as well as other groups, confronted obstacles on what they could be and do. African Americans experienced harsh treatments in educational institutions and had to develop unconventional ways to advocate for themselves and those in their community (Jean-Marie, James, & Bynum, 2006). The purpose of this paper is to explore the experiences of three African-American women leaders in historically black institutions whose leadership practices advance social justice for African Americans who have limited opportunities to pursue higher education. They confronted and disrupted institutions thought to be responsible for their oppression (Jean-Marie, 2005). This paper documents how individuals committed to social justice and racial uplift connect their professional work with social and political activism in the quest for equality and justice for… [PDF] [Direct]

Greenwood, Anne (1993). Children's Rights: The United Nations Convention on the Rights of the Child. AECA Resource Book Series, No. 4. This booklet discusses the 1989 United Nations Convention on the Rights of the Child, focusing on the Convention's effects on the rights of children in Australia. It summarizes the main articles of the convention and explains the international legal structures by which the rights of children are protected. The booklet then examines human rights and children's rights, the role of the United Nations in protecting these rights through minimum standards, and the role of the Australian government in protecting these rights through policy. It discusses opposition to the Convention in Australia, voiced primarily by parents who believed that the Convention would abrogate certain parental rights and responsibilities. The booklet then considers: (1) recent developments in Australia that reflect the principles of the Convention; (2) implications of the Convention on early childhood philosophy, policy, and practice; and (3) the prevention of child abuse in Australia. A resource list of 14…

Jastram, Philip S.; McCombs, Guy C., III (1981). Access for Handicapped Students to Higher Education: A Reference Handbook. The manual provides access to provisions of federal law and regulations concerning access by persons with disabilities to higher education programs and facilities. It also includes texts of 11 presentations given at a 1979-80 series of workshops by the American Association of University Professors. An introduction, "The Faculty Role: New Responsibilities in Assuring Program Access" by P. Jastram, introduces Part I, which includes: the text of relevant federal regulations for Section 504 of the Rehabilitation Act of 1973; a report by the National Association of College and University Business Officers titled "Issues and Answers for Implementing Section 504"; a report on the United States Supreme Court decision in Southeastern Community College versus Davis allowing professional schools to impose physical qualifications for admission; a summary of characteristics and functional limitations of common disabilities; a reference listing of faculty resource persons; a… [PDF]

(1979). Florian Frederick Chess, et al., vs. Gary E. Widmar, et al., Defendants. Memorandum Opinion and Order. In the United States District Court for the Western District of Missouri, Western Division. The memorandum opinion and order in the Chess vs. Widmar case is presented in which 11 students at the University of Missouri-Kansas City allege that university officials refused to allow the students (part of a religious group called Cornerstone) to conduct their regular religious services in university-owned buildings. The students contended that the university's refusal to permit their group to use university facilities violated their rights guaranteed by the first and fourteenth amendments to the U.S. Constitution. Facts in dispute included that Cornerstone is an officially recognized student organization, that the persons named as plaintiffs were enrolled students at the university, and that Cornerstone's application for use of university facilities was rejected by the university. The Court found the plaintiffs' argument vague and therefore ordered that the plaintiffs' motion for summary judgment be denied. In denying the plaintiffs' request, the Court held that the…

(1964). Civic and Political Education of Women. "This pamphlet was produced at the request of the United Nations Commission on the Status of Women and the Economic and Social Council (of the United Nations)…It was written primarily for the use of leaders responsible for the civic and political education of women, whether governmental or non-governmental, and is intended as a basic document for such persons." It includes several descriptive chapters on certain factors (Such as health, economics, and marriage customs) which influence the status of women in various societies, and on ways of increasing women's participation in public life through national or local projects and through the programs of the various United Nations agencies (UNESCO, FAO, UNICEF, etc.) The annexes (appendixes) of the document include examples of techniques for the civic and political education of women; the Convention on the Political Rights of Women (1952) and information on its signatories; tables of information on the political rights of…

(1968). NOLPE Conference Proceedings, November 1968. This booklet contains the texts of speeches given at the 1968 National Organization on Legal Problems of Education conference on school law. The topics covered in the speeches include student rights, dress codes, defacto segregation, education and religious freedom, doctoral dissertations in school law, master contracts, and teacher strikes. (JF)… [PDF]

Bersoff, Donald N. (1975). Professional Ethics and Legal Responsibilities: On the Horns of a Dilemma. Journal of School Psychology, 13, 4, 359-374, 75. Through a series of fact situations the author demonstrates that reliance by practicing school psychologists on codes of ethics may lead to legal liability. The article concludes with a discussion of why codes of ethics fail to provide adequate support for psychologists and suggests some remedial measures. (Author)…

Berger, Michael L. (1976). Student Rights and Affective Education: Are They Compatible?. Educational Leadership, 33, 6, 460-2, Mar 76. The moral and ethical training of children, previously the sole responsibility of the home, is being transferred to the school, giving rise to the problem that because of increased emphasis on student rights, the school does not have the authority to enforce positive social values. (JD)…

Michaelis, Karen L. (1997). Negotiating the Borders of Adolescence: Eroding the Culture of Disrespect for the Rights of Students. Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at \others,\–those who are known or assumed to be guilty of school rule violations or criminal activity–people tend to believe that searches by school officials are justified. The paper describes how and why the concept of the \other\ or enemy is created. School administrators, with the help of the judicial system, have applied that process to certain types of students to justify increasingly intrusive searches by school officials for a wide range of infractions. James Aho's model explaining how enemies are created (1994) is used to compare two strip-search cases decided by the Seventh Circuit Court and similar cases in other jurisdictions. The discussion illustrates changes in courts' handling of school search cases over the last 15 years…. [PDF]

Henderson, Kelly (2001). Overview of ADA, IDEA, and Section 504: Update 2001. ERIC Digest E606. This digest compares the Americans with Disabilities Act of 1990 (ADA), the Individuals with Disabilities Education Act (IDEA) as amended in 1997, and Section 504 of the Rehabilitation Act of 1973. Comparisons are provided which look at: (1) the type/purpose of each Act; (2) eligibility for services under each Act; (3) whether the Act requires the provision of a free, appropriate public education; (4) whether federal funds are provided to implement the Act's requirements; (5) procedural safeguards and due process provisions under each Act; and (6) evaluation and placement procedures under each Act. Also included are telephone information lines and Web sites concerning each of the three Acts. (DB)… [PDF]

Ayres, Ted D. (1981). Widmar v. Vincent: The Beginning of the End for the Establishment Clause. Journal of College and University Law, v8 n4 p511-17 1981-82. A Supreme Court decision requiring a state university to allow a student group to hold religious services in campus facilities is reviewed. The decision was admittedly a narrow one, leaving several issues for later consideration, but it does signal a lightening of longtime prohibitions on campus religious activity. (MSE)…

Murphy-Berman, Virginia; And Others (1996). U.N. Convention on the Rights of the Child: A Cross-Cultural View. American Psychologist, v51 n12 p1257-61 Dec. In the context of the U..N. Convention on the Rights of the Child, this article examines cultural differences in beliefs about: (1) the appropriate distribution of power in families and institutions; (2) the regulation of behavior; (3) individual and societal responsibility; and (4) individual and group rights. (SLD)…

Kniker, Charles R. (1988). Accommodating the Religious Diversity of Public School Students: Putting the CARTS before the House. Religion and Public Education, v15 n3 p304-20 Sum. Suggests five guidelines that can be used by teachers and local school district policy committees to accommodate the religious diversity of students while meeting the five historic goals of public schools. Points out emerging issues facing those concerned about religion and First Amendment rights of students and parents. (LS)…

McInerney, William F. (1989). The Instruction of Students with Acquired Immune Deficiency Syndrome (AIDS). DPH Journal, v10 n2 p43-56 Spr. The impact of legal and policy decisions on education of students with Acquired Immune Deficiency Syndrome is discussed, focusing on school district policies, federal legal protection of students, identification of students, eligibility for special education services, hygiene management, recruitment of teachers, and implications for teacher education. (Author/JDD)…

Stempel, Guido H., III (1995). Living the First Amendment. Contemporary Education, v66 n2 p96-97 Win. Research shows that the American public is not fully aware of the meaning of the First Amendment to the Constitution of the United States. The article discusses what schools can do to make students more aware of the First Amendment, including allowing student newspapers to be uncensored by administrators and allowing student councils to really work. (SM)…

Brandt, Ron (1996). On Finding Common Ground with Religious Conservatives: A Conversation with Charles Hayes. Educational Leadership, v53 n7 p72-75 Apr. There is growing agreement from right to left concerning the role of religion in public schools. Under the First Amendment, public schools can neither inculcate nor inhibit religion. Neutrality means fairness. Students' religious liberty rights must be protected by school policies and practices. Also, religion must be treated fairly in the curriculum. (MLH)…

Thomas, Stephen B., Ed. (1987). The Yearbook of School Law, 1986. Judicial decisions affecting educational policy and management that were handed down in 1985 by state appellate courts and federal courts are summarized and analyzed in this volume. The book is divided into eight topical chapters, each written by one or more experts in education law. The chapters are \Employees\ (Gail Paulus Sorenson); \Bargaining\ (Charles L. Miller and Perry A. Zirkel); \Pupils\ (Henry S. Lufler, Jr.); \Handicapped\ (Nelda H. Cambron-McCabe); \Torts\ (Richard S. Vacca and William J. Evans, Jr.); \Business\ (Steven M. Goldblatt); \Finance\ (Richard A. Rossmiller); and \Higher Education\ (Robert M. Hendrickson). The book includes a 17-page alphabetical index of the more than 1,000 cases cited in the text as well as a 9-page subject index. (PGD)…

(1977). Crisis and Opportunity: Education in Greater Kansas City. Summary Edition. This report summarizes the findings and recommendations of the Bi-State Committee on Education concerning public schools in the Greater Kansas City region, especially with regard to the problem of racial isolation. Educational activities and problems, civic and political leadership in the area, and the significance of segregated housing patterns are reviewed. Suggested remedies for improving the quality of education in the Kansas City area and for providing equal educational opportunities to minority and other educationally disadvantaged students include: (1) more equal allocation of resources; (2) busing; (3) improved leadership; (4) school improvement; (5) instructional improvement; (6) magnet schools; and (7) voluntary desegregation efforts. (EB)… [PDF]

Orfield, Gary, Ed. (1975). Symposium on School Desegregation and White Flight. Five papers intended to serve as an introduction to a complex and rapidly growing body of research are included in this volume. These papers represent the work of scholars who have studied the problem of white flight long before the current controversy over urban desegregation plans made it a national issue. Starting from very different assumptions, the participants at the symposium are in agreement on two basic points: (1) most white flight is not caused by school desegregation plans, and (2) metropolitan plans would produce the most stable desegregation. The remaining debate, particularly focusing on the impact, if any, of desegregation plans on increasing white flight is the basic focus of this collection. The contents include the following: school integration 'tipping' in Mississippi; the importance, perplexities, and possible policy implications of white flight research; and the role of the courts in school desegregation and white flight. (Author/AM)… [PDF]

Farley, Reynolds (1975). School Integration and White Flight. Findings of recent studies of school segregation are reviewed in this paper which also tests the idea that school integration is a major cause of white flight from the nation's largest cities. Six major trends in school segregation about which there is agreement, along with three other issues, about which there is less concensus are given and discussed. In reference to the latter, these include the following: (1) whether integration has been a major cause of white flight from public schools in large cities; (2) what techniques will integrate schools given the extent of residential segregation that exists; and (3) in what ways busing has been a success or a failure. In neither region of the country is evidence found that supports the hypothesis that whites are particularly prone to leave public schools in those cities in which the schools are integrated and the proportion of blacks is high. There is no one strategy to integrate public schools which will prove effective in all…

Giles, Micheal W.; And Others (1975). Desegregation and the Private School Alternative. Summarized are findings of an intensive study of southern white parents' decision to transfer their children from desegregated public schools to essentially segregated private schools (in seven desegregated school districts in the state of Florida, with data drawn from surveys of white parents of school age children in each of the seven districts). Findings indicate that contrary to expectations, Southerners in the sample are no more likely to avoid desegregation and place their children in private school than non-southerners. Avoidance of desegregation transcends racial views and regional upbringing, but not the ability to afford it. The findings also appear to support multiple district desegregation plans of the type proposed for Detroit. Results also indicate that avoiders are not more racially prejudiced than compliers. Moreover, while resistance is commonly attributed to lower-class persons, avoidance of desegregation through the private schools appears to be an upper class…

Munford, Luther (1975). Schools That Quit "Tipping" in Mississippi. As described by some observers, white flight rapidly and irreversibly leads to black or nearly all black schools, once the ratio of blacks to whites in a school reaches a tipping point. Research in Mississippi, however, has uncovered school districts where tipping has not only stopped, in some cases it has even reversed. Events there call into question the universal applicability of tipping theory and suggest that white flight may not be the insurmountable barrier to desegregation that some analysts have feared it would be. Changes in enrollment patterns in thirty Mississippi school districts make sense if looked at from a perspective that assumes that, in racially balanced school districts, white flight ultimately depends on the black/white ratio in the population as a whole rather than just the ratio in the schools. The results should be taken with caution since the study encompasses only a short time period and a limited number of districts. The districts are not typical of the…

Orfield, Gary (1975). White Flight Research: Its Importance, Perplexities, and Possible Policy Implications. The difficulties of sorting out the various forces working toward accelerated suburbanization are first discussed in this paper. Secondly, it describes the very severe long term problem of flight not caused by desegregation plans but tending to undermine their viability. Thirdly, it suggests that not only central cities but some inner suburbs as well are vulnerable to ghettoization in the absence of policies to alter the basic demographic trends in urban areas. The analysis suggests that discussion of housing integration as an alternative to school integration is probably misleading. It discusses the policy implications of the imperfect information now available. Among the policy implications noted are that existing research on white flight and urban desegregation can support only limited policy recommendations. The current research findings suggest that the implementation of a desegregation plan, in itself, would have little or no impact on racial patterns in most communities where…

Taylor, William L.; And Others (1975). School Desegregation and White Flight: The Role of the Courts. In the debate about the existence of a link between court ordered school desegregation and white flight, a good deal of confusion has arisen over that courts have actually decided in school desegregation cases and what factors influence their decisions. This brief article represents an attempt to dispel the confusion by summarizing the major legal principles that govern courts in determining whether a wrong has occurred, and, if so, what remedies may properly be applied. In posing questions about the role of the courts, the article uses quotations by sociologist James Coleman because his quoted views illustrate popular misconceptions about what courts do and why they do it. In sum, Federal courts in determining both whether a wrong has been committed and the appropriate redress have been actuated by legal principles, not by sociological or educational theories. In deciding on the existence of a wrong, the courts have been insistent that psychological or sociological evidence of harm…

Mandt, Gunnar (2008). The Quality Framework in Norway. Intercultural Education, v19 n2 p177-182 Apr. The quality framework summarises and elaborates on the provisions in the Education Act and its regulations, including the National Curriculum, and must be considered in light of the legislation and regulations. The quality framework helps to clarify the responsibilities the school owners (the local and county administration authorities in Norwegian public schools) have in providing education pursuant to the legislation and regulations and the principles of human rights, and adapted to local and individual aptitudes, expectations and needs. The quality framework is an integral part of the foundation on which the quality of primary and secondary education and training can be further developed and on which the school and apprenticeship-training enterprise can be systematically assessed. The comprehensive school for all shall be based on and address the diversity of the pupils' backgrounds and aptitudes. The education shall promote the versatile development of the pupils and their… [Direct]

Leonard, Donald E.; Mattson, John O., Ed. (1994). "Into Your Hands His Life and Liberty…." A Collection of Significant Cases from the Rhode Island Courts. First Edition. Six cases from Rhode Island court history are presented in this document. The cases, dating from the time of Roger Williams to the 1970s, examine religious freedom, personal freedom, treason, robbery, murder, and drug possession. Each case is summarized and questions are supplied to help students understand crime and punishment in Rhode Island. A glossary of words and phrases concludes the document. (RJC)… [PDF]