Harris, J. John, III; And Others (1983). A Legal and Historical Perspective on Suspension and Its Effect on Inequality in Education. Of the 2 million children suspended from school each year, a disproportionate number are minority youth who, although they make up only 5 percent of the school population, comprise 40 percent of all suspensions and expulsions. The United States Supreme Court has issued several rulings to protect students from arbitrary and capricious imposition of penalties without due process of law. In its landmark ruling in \Goss v Lopez\ (1975) the Court recognized students' rights to notification of charges against them; a hearing; and remaining in school until notification and a hearing, unless their presence was an immediate danger to life or property or was disrupting the educational process. Since then, however, the Court has moved to limit the scope of the Goss decision by creating an academic/disciplinary delineation and by refusing to assume the discretionary powers of school officials. The prospect of the Court providing further leadership to the lower courts at the present time seems…

Rebell, Michael A. (1975). Legal Rights and Remedies of High School Dropouts and Potential Dropouts. Urban Disadvantaged Series, No. 44. This paper on the legal rights and remedies of high school dropouts and potential dropouts is a study of the plight of the substantial number of students who drop out of the New York public school system before considering high school graduation. Further, it questions the availability of legal rights to students and parents. Three sections constitute the document: (1) an introduction discussing the nature and magnitude of the problems; (2) an analysis of the manner in which the Board of Education violates New York State laws by failing to provide adequate staff for attendance services, employment certificate procedures, auxiliary schools or dropout referral programs, and suspension and exemption procedures; and (3) an examination of the constitutional right to a suitable education for all educationally deprived students. The latter section is analyzed in terms of a number of recent legal cases concerning handicapped children, non-English speaking students, and State institution… [PDF]

Haberman, Martin (1972). Students' Rights: A Guide to the Right of Children, Youth and Future Teachers. After a preface in which Judge Robert Landry cites the importance of the Galt Decision, the paper summarizes the rights of students in elementary and secondary schools. This is presented through case histories. The decisions are grouped into the categories of freedom of expression, search and seizure, dress and grooming, invasion of privacy, and discipline. The rights of students in programs of teacher education are then discussed in ten parts: the right of equal opportunity; the right of freedom of assembly and association; the right of petition; the rights of due process and equal protection; the rights of speech and press; the right of freedom of religion; the rights of person, property, and privacy; the right to dissent; the right against self-incrimination; and the right to trial by jury of peers. The final section presents a Bill or Rights for future teachers. Student teachers' and interns' rights are elaborations and extensions of the previous analysis on the rights of… [PDF]

Joyce, Robert P. (1985). Constitutional Protections of Teachers and Other Public Employees. School Law Bulletin, v16 n2 p6-12 Spr. Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech–though the privilege is not limitless–and to due process and equal protection under the law. (Author/DCS)…

Stefkovich, Jacqueline A. (2002). Search and Seizure of Students in Public Schools: 2002 Update of Fourth Amendment Cases. This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies keeping schools safe for students. Cases are presented by category: general (21 cases), strip searches (14 cases), mass or random drug testing (13 cases), metal-detector searches (6 cases), random locker searches (3 cases), field-trip searches (4 cases), and other searches conducted without individualized suspicion (6 cases). (RT)…

Sametz, Lynn; And Others (1983). Children's Constitutional Rights: Interpretations and Implications. Psychology in the Schools, v20 n2 p175-83 Apr. Discusses a brief historical overview of constitutional law as it applies to children, delineated in the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Emphasizes the need for school psychologists and educators to have an understanding of children's developing legal rights. Specific court cases are cited. (Author/JAC)…

Grant, Gerald (1982). Children's Rights and Adult Confusions. Public Interest, n69 p83-99 Fall. Examines issues relating to children's legal rights that have developed over the years. Suggests that current confusion about children's rights can be removed by carefully distinguishing between the rights of all persons, including adolescents, and those rights granted to adults to enhance their capacity to exercise concordant responsibilities. (Author/MJL)…

Kopenhaver, Lillian Lodge (1995). Censorship becomes Way of Life for High School Journalists. Contemporary Education, v66 n2 p89-91 Win. Censorship has become routine for many student media operations at high schools nationwide, with First Amendment rights of student editors and staff members violated daily. After a brief history of American freedom of the press and censorship, the paper discusses responsibilities of administrators and advisors to student free expression. (SM)…

Boomer, Lyman W. (1992). Searching Students: An Ethical and Legal Issue for Special Educators. Preventing School Failure, v36 n3 p16-19 Spr. A survey of 238 Kansas principals, which found searching of students (especially of students with disabilities) not uncommon, is reported. Relevant court litigation is briefly reviewed and lawful guidelines concerning \reasonable suspicion\ and \reasonable scope\ are explained. (DB)…

Wong, K. Laiana (2004). He Hawa'e Kai Nui a Kau ma Kula. Educational Perspectives, v37 n1 p31-39. This article calls attention to the practices, policies, and procedures at the University of Hawai'i that infringe on the rights of Native Hawaiians to utilize the Hawaiian language in learning and teaching, and in the conduct and dissemination of research. Addressing these infringements, however, appears more easily said than done. The author's introductory paragraph predicts what lies ahead for those working on the revitalization of the Hawaiian language and culture. (Contains 9 footnotes.)… [PDF]

Kelley, Joseph T. (2006). Theology for Citizenship: How a Catholic College in the Augustinian Tradition Prepares Citizens to Transform Society. Forum on Public Policy Online, v2006 n1 Fall. This article uses Vatican and papal documents to reflect on the distinctive mission of Catholic colleges and universities in light of their responsibility to prepare students for virtuous citizenship in a religiously and ethnically pluralistic society. It also shows how one Catholic college understands its academic community in light of such a mission…. [PDF]

Ndura, Elavie (2006). Transcending the Majority Rights and Minority Protection Dichotomy through Multicultural Reflective Citizenship in the African Great Lakes Region. Intercultural Education, v17 n2 p195-205 May. In this paper, the author examines how colonial racist policies and western-bound post-colonial educational practices have contributed to the recurring ethnic conflicts in the Great Lakes region of Africa. After defining democracy and reflective citizenship within the African context, she discusses how teachers' roles should be redefined and pedagogy revamped within a multicultural perspective in order to prepare students to become reflective citizens who are empowered to reframe interethnic relations in the region beyond the pervasive majority rights and minority protection discourse…. [Direct]

Stuckey, Mary (2006). Establishing the Rhetorical Presidency through Presidential Rhetoric: Theodore Roosevelt and the Brownsville Raid. Quarterly Journal of Speech, v92 n3 p287-309 Aug. Theodore Roosevelt was an important figure in the development of the presidency as a primary and authoritative source for definitions of national identity. Through an analysis of three specific rhetorical moves Roosevelt made in arguments over the \proper\ interpretation of the Brownsville Raid, this essay examines how Roosevelt both justified his dismissal of the soldiers and increased the definitional power of his institution. Brownsville highlights the importance of the presidency's constitutive and rhetorical power, especially as that power pertains to ideologically based definitions of national identity and the role of minorities within that identity, and illuminates the argumentative forms that undergird that constitutive power. (Contains 92 notes.)… [Direct]

Batelaan, Pieter; Coomans, Fons (1995). The International Basis for Intercultural Education Including Anti-Racist and Human Rights Education. Many international documents, building on the philosophy and contents of the Universal Declaration of Human Rights of the United Nations, support this declaration's standards and stress teaching and education as effective ways to make these standards reality. The two papers in this document describe and analyze some international documents for their implications for intercultural education. The first paper, "The Legal Character of International Documents on Intercultural Education," by Fons Coomans describes the legal character of international documents on intercultural education and explores whether they have legal standing with governments and their value at grass-roots level for students and teachers. In general terms, these documents are not enforceable against states, but they have great value as yardsticks and guidelines. The second paper, "The Implications of International Documents on Intercultural Education," by Pieter Batelaan, discusses obligations… [PDF]

Hulkower, Benjamin; And Others (1994). Schindler's List: A Viewer's Guide. This guide aids in understanding the film, "Schindlers List," and how to present it for classroom use. The guide contains: (1) an historical overview of Krakow (Poland); (2) guidelines for viewing; (3) preparation for viewing; (4) topics for discussion after viewing; (5) activities after viewing; and (6) classroom enrichment activities (Allan Scholl). Other segments include: (1) "Film the Holocaust" (Judith E. Doneson); (2) "Suggested Films" (Judith E. Doneson); and (3) "Questions Raised by the Holocaust" (Alex Grobman). The reference section includes resources of a general nature, on pre-war Europe, the children of the Holocaust, rescuers and resisters, the Christian response, and films. (EH)… [PDF]

(1989). Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment. Part A, Rules of General Applicability. This document presents the state of Maine's rules of general applicability and specific rights of children who are receiving services from the Maine Department of Mental Health and Mental Retardation. The first section presents general rules concerning: statement of intent, definitions, basic rights, least restrictive appropriate treatment, notification of rights, assistance in the protection of rights, right to due process with regard to grievances, confidentiality and access to records, fair compensation for work, protection during experimentation and research, and freedom from unnecessary seclusion and restraint. The second section covers rights in inpatient and residential sections. These deal with: statement of intent, privacy and humane treatment environment, individualized treatment or service plan, informed consent to treatment, and free association and communication. The last section presents the rights of such individuals in outpatient settings. These include: statement of…

Aparicio, Teresa, Comp.; Dahl, Jens, Comp. (1990). IWGIA Yearbook 1989. Based on various international sources, this publication gives an overview of events affecting the indigenous peoples of the world during 1898. Part I, the International Work Group for Indigenous Affairs (IWGIA) Annual Report, describes the programs and activities of IWGIA during 1989. Part II addresses issues of political problems and progress, genocide, land disputes, health, and human rights. After an obituary for George Manuel, a great North American Indian leader, the yearbook focuses on particular geographic locations. A map for each section shows the names and locations of the indigenous people, as well as the population of the area. The report discusses the following areas: (1) the Arctic; (2) North America; (3) Central America and Mexico; (4) South America; (5) the Pacific; (6) Australia and Aotearoa (New Zealand); (7) East Asia; (8) Southeast Asia; (9) South Asia; (10) West and Central Asia; (11) Europe and North Asia; (12) Northern Africa; (13) West Africa; (14) the Horn…

Patrick, John J. (1988). The U.S. Constitution in Today's World. A comparative study of constitutions and governments in world history is a key to deeper understanding of the U.S. Constitution. While many countries have constitutions, the United States is among a minority of nations in today's world that has a constitutional government. Many nations' constitutions truly guarantee few protections of individual rights and liberties. Instruction about the U.S. Constitution should focus on the basic constitutional principals in historical, comparative, and global perspectives. Every critical issue of U.S. constitutional history can be reduced to the question of how to balance power and liberty in government. The paradoxical relationship of majority rule with minority rights is a special instance of how to balance power and liberty in a government that is both strong and limited. In a free government there are inherent tensions between power and liberty, majority rule and minority rights, the claims of the individual, and counter claims of the… [PDF]

Dalton, Dennis (1984). The Growth of Individual Rights: Ideas and Politics. International Human Rights Syllabi No. 1. Designed for teachers of undergraduate students with some familiarity with political theory, moral philosophy, and social history, this course outline focuses on individual rights and their realization in the United States and the world at large. The syllabus, arranged in 3 major parts, is subdivided into 16 sections that outline major course topics, usually in the form of 2-8 thought provoking questions, and lists required and recommended readings. Part 1 lists questions and resources concerning the growth of human rights in the modern world, the background of human rights in classical thought, the birth of the modern concept of human rights, the spread of human rights in the 19th and 20th centuries, the British doctrine of rights and the Marxist critique, self-determination and human rights, and human rights in international practice. Part 2 lists additional questions and resources about human rights in the U.S.S.R., Latin America, South Africa, and American foreign policy, and…

Kinoy, Arthur (1987). The Current Consitutional Crisis. Social Policy, v18 n1 p37-43 Sum. Discusses attempts to restrict applications of the First Amendment and weaken constitutionally supported rights, such as those of blacks, workers, women, and crime suspects. Explores theoretical bases of those attempts in the theory of original intent of the Constitution, theory of the inherent power of the president, and concept of New Federalism. (PS)…

Friedman, David R.; Mukamal, Stuart S. (2002). Sex and the Computer. The scenario: Pictures of children in various states of nudity are discovered in an elementary teacher's desk. What does one do? This paper offers guidance, much of it based on common sense, for administrators who may find themselves in a situation fraught with serious consequences if a mistake is made in determining the truth. Court decisions are provided for specific legal guidance. Immediate issues to address are as follows: (1) Is there any right way to proceed? (2) Why and what is one going to investigate? (3) Are there any documents that need to be looked at before starting the investigation? (4) Does one talk to him or search his desk and/or his computer as the next step? (5) If one is going to conduct a search, is it by the administrator or with help from the police or some other outside entity? and (6) Can he be forced to talk, and what can be done if he refuses to talk? The issues associated with this type of situation are complex and require careful actions. The purpose…

Goodey, Chris; Jordan, Linda (2002). Human Rights and School Change: The Newham Story. New Edition. This report recounts the process of desegregation of the education service in the London (England) borough of Newham. It shows how inclusion in the borough began and was sustained by an understanding of inclusion as a human rights issue. It charts the steps which brought about the closure of most of the authority's separate special schools and units over an 18-year period (1984-2002). This publication covers the early days of council policy making, the consultations and compromises, and how those seeking change responded to concerns while keeping their vision in focus. Individual sections address key points, achievements and constraints, history and origins, the arrival of the policy, implementation of the policy, moving onwards, comments and concerns, and a 1996-2002 update. The authors conclude that, if there had been a stronger national strategy to counter deeply embedded prejudices and fears about disability, progress toward inclusion in Newham and elsewhere would have been… [PDF]

Kleg, Milton (1988). Rights in Conflict: An Inquiry Simulation on Smoking. Social Science Record, v25 n2 p30-33 Fall. Presents an inquiry unit of study focusing on the question of rights of smokers and nonsmokers as it may be acted out in a court of law. Includes two phases of data collection, beginning with a springboard scenario and incorporating a simulation during the hypothesis testing stage of the inquiry. References are provided. (LS)…

Durrant, Sue M. (1992). Title IX–Its Power and Its Limitations. Journal of Physical Education, Recreation and Dance, v63 n3 p60-64 Mar. Examines progress in equal opportunities for male and female students made possible by Title IX and other federal and state laws, noting factors which have hampered its enforcement. The article suggests taking action to eliminate inequities which continue to persist in high school and college athletics. (SM)…

DeWitt, Scott W.; Naylor, David T. (1999). Using Trials to Enrich Social Studies Curriculum. Update on Law-Related Education, v23 n1 p32-34 Win. Justifies teaching trials as a way to enrich the social studies curriculum. Explains that by incorporating the study of historical and contemporary trials into social studies classes, it furthers the civic competence of the students. Discusses different teaching approaches ranging from case studies and readers' theater to videos and literature. (CMK)…

(1998). Update on the Courts. Update on Law-Related Education, v22 n3 p33-35 Fall. Describes the court case of Chicago v. Morales in which an anti-loitering ordinance challenged the constitutional right of assembly by giving the police the power to disperse anyone associated with gang members in public. Illustrates the importance of retaining Fifth Amendment rights even after pleading guilty in the case of Mitchell v. U.S. (CMK)…

(2007). UNESCO Guidelines on Intercultural Education. United Nations Educational, Scientific and Cultural Organization (UNESCO) This paper aims to synthesize the central issues surrounding Intercultural Education, and presents the fundamental guiding principles for an intercultural approach to education as viewed by UNESCO. It is divided into three parts. Part I outlines the key issues surrounding Intercultural Education, as well as its objectives and basic operating principles. Part II contains a short presentation of the normative framework for Intercultural Education, based on an analysis of international standard-setting instruments that make reference to education and intercultural issues, and on outcomes from International Conferences. Part III synthesizes the international position on this issue and provides a set of three basic principles that should guide educational policies with regard to Intercultural Education. (Contains 155 endnotes.)… [PDF]

(2007). A Community Speaks: A Report on Little Rock's Coalition-Building for Education Blueprint Dialogues for Action. Intercultural Development Research Association This booklet describes a community dialogue convened by the Intercultural Development Research Association (IDRA) in Little Rock focused on creating a blueprint for action for improved educational opportunities for all children, particularly for minority children. It includes key insights from the experiences, recommendations for action and lists of participants. Specifically, Little Rock dialogue participants cited challenges in their community and made recommendations, in the areas of advocacy and coalition building, fair funding, school accountability, teacher training, equitable access, family leadership, K-12 alignment, and policy…. [PDF]

Petronicolos, Loucas (1996). Tinker, Fraser, and Hazelwood: Which Educational Policies Are Truly "Educational"?. Without question, Supreme Court decisions regarding public school student rights have greatly affected school policies. This paper reviews three decisions of the United States Supreme Court that currently classify the public school student's free-speech and expression rights. The cases include "Tinker v. Des Moines Independent Community School District" (1969), "Bethel School District v. Fraser" (1986), and "Hazelwood School District v. Kuhlmeier" (1988). The paper examines the ideas underlying the educational policies illustrated by the three decisions and evaluates whether these policies are compatible with the aims of public education. It is argued that each of the three decisions enunciate fundamentally different notions about the ends and means of public education, which may be a source of controversy over policy decisions at the school level. In formulating school policy, the scope of inquiry needs to include an appraisal of the appropriate roles…

Gibbs, Annette (1992). Reconciling Rights and Responsibilities of Colleges and Students: Offensive Speech, Assembly, Drug Testing and Safety. ERIC Digest. This brief paper summarizes a full length report of the same title which examines the ongoing debate on the conflicting rights and responsibilities of students and college administrations in the areas of offensive speech, rights of assembly, drug testing and campus safety. On offensive speech and the rights of colleges and universities to regulate it, the courts have ruled against higher education institutions' prohibiting offensive or hate speech because institutional policies have failed to distinguish sanctionable speech from protected speech. Considerations concerning students' rights of association and assembly on campus include the following: that institutions should not deny groups recognition because the college or university does not agree with their views; that student groups should be treated the same as other groups provided they fulfill the same procedural and substantive requirements established by the institution; that colleges are within their rights to emphasize… [PDF]