(1991). The Pupil Nondiscrimination Guidelines for Athletics. Implementing Section 118.13 of the Wisconsin Statutes and PI 9 of the Wisconsin Administrative Code. Revised. This guide is designed to assist schools in fully implementing Wisconsin's pupil nondiscrimination guidelines which provide equal educational opportunity for all of its students. The guidelines focus on discrimination problems in interscholastic athletics and are based on sex equity. Following a foreword and acknowledgements, the document is organized into six sections: an overview; a philosophy; the Administrative Rule; additional definitions of terms; attaining the goals of equity in athletics; and questions and answers. Fifteen appendixes are included: (1) Providing Cheerleaders for Both Boys' and Girls' Sports; (2) School Responsibility if a Complaint Is Filed under the Pupil Nondiscrimination Law; (3) Sample Discrimination Complaint Procedure; (4) Sample Discrimination Complaint Form; (5) WIAA Comparable Sports; (6) Student Interest Surveys; (7) Sample Student Athletic Interest Form; (8) WIAA Constitution; (9) WIAA Bylaws; (10) WIAA Rules of Eligibility; (11) WIAA Due Process…

Gluckman, Ivan (1987). Student Privacy and School Responsibility. Legal Memorandum, Mar. This pamphlet considers students' right to privacy and the application of this right to the confidentiality of information disclosed to administrators and counselors. Privacy is also considered in regard to special problems associated with counseling students about drugs, contraceptives, sexually transmitted diseases, abortion, and possible threat in the case of a dangerous student. Confidentiality in counseling is extremely important and plays a large role in the decision of a student to speak with a counselor, yet the parents of the minor have a legal right to make decisions for their children. To create an atmosphere of trust, students should be told when information will not be kept confidential. Counselors who see students believed to be dangerous may have to refer the student to a mental health professional or authority, because of the schools' obligation to maintain a safe environment. All cases of abuse or neglect must be reported, regardless of the source of information, in…

Schneider-Vogel, Merri (1986). Gay Teachers in the Classroom: A Continuing Constitutional Debate. Journal of Law and Education, v15 n3 p285-318 Sum. Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's conduct. (MD)…

Michel, George J. (1981). Christian Citizenship Education and Free Exercise in Illinois Schools. Illinois Schools Journal, v61 n1-4 p50-59. Reviews the Illinois law that requires students to participate in patriotic activities and discusses court litigation brought to bear by Jehovah's Witnesses, who contend that obligating them to salute the American flag contradicts their right to religious freedom. (GC)…

Bills, Timothy A.; Hall, Patrick J. (1994). Antidiscrimination Laws and Student Affairs. New Directions for Student Services, n68 p47-66 Win. Discusses five antidiscrimination federal statutes that significantly affect institutions of higher education. Intended as a basic introduction to legal issues in higher education and to serve as an impetus for further learning and discussion. Examines cases interpreting the statutes, as well as implications for student affairs practitioners. (Includes citation of 11 court cases and an index.) (RJM)…

Jefferson, Carolyn; And Others (1988). The Evolving Constitution: Middle School Strategies. Update on Law-Related Education, v12 n3 p42-46 Fall. "Equality: Changing the Rules of the Game" is a lesson plan designed to encourage students to explore the changing definitions of equality and its impact. "The Expansion of Voting Rights" lesson plan provides middle school students with an overview of the historical development of voting rights. (GEA)…

Chestnutt, Mark D.; Wood, R. Craig (1995). Violence in U.S. Schools: The Problems and Some Responses. West's Education Law Quarterly, v4 n3 p413-28 Jul. Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)…

Martinson, David (1995). School Public Relations: Do It Right or Don't Do It at All!. Contemporary Education, v66 n2 p82-85 Win. School administrators must enhance public relations, understanding the difference between publicity and genuine public relations, the difference between advocacy and mutual understanding, that public relations is not limited to keeping bad news out of the newspaper, and that student publications are not direct or formal appendages of the school public relations program. (SM)…

Click, J. William (1995). Educating for the First Amendment. Contemporary Education, v66 n2 p86-88 Win. This paper stresses the importance of researching, teaching, discussing, practicing, and understanding the First Amendment to the Constitution of the United States. The paper also examines what the First Amendment means to students in America's schools and colleges and discusses freedom of expression and censorship for students and student publications. (SM)…

McIntyre, Thomas (1993). Reflections on the New Definition for Emotional or Behavioral Disorders: Who Still Falls through the Cracks and Why. Behavioral Disorders, v18 n2 p148-60 Feb. This paper argues that the new federal definition for emotional or behavioral disorders may deny services to many deserving pupils, such as urban socially maladjusted youth, homosexuals, historically oppressed minorities, and students from low-income households. The role of teachers, teacher education programs, and professional groups in this issue is examined. (JDD)…

Kozlowski, James C. (2001). Challenged Dress Code Prohibited Clothing with Offensive Illustrations. Parks & Recreation, v36 n5 p30,32-35,37 May. Discusses the extent to which public recreation programs can regulate attire which many people might consider offensive, noting that the U.S. Supreme Court states that school boards have the authority to decide what constitutes appropriate behavior and dress in public schools. One case involving a student who wanted to wear a Marilyn Manson t-shirt to school is highlighted. (SM)…

(2000). Today's Juvenile Court. Teaching Strategy. Update on Law-Related Education, v23 n2 p40-43 Win 1999-2000. Offers a lesson for secondary students in which they learn about the juvenile court process and procedures from a resource person that visits the classroom. Focuses on the "In re Gault" court case and local juvenile laws. Provides two handouts along with the answers to the questions on handout 1. (CMK)…

Weiler, Erica M. (2004). Legally and Morally, What Our Gay Students Must Be Given. Education Digest: Essential Readings Condensed for Quick Review, v69 n5 p38-43 Jan. Schools have a legal, ethical, and moral obligation to provide to all students equal access to education and equal protection under the law. For many sexual minority students, however, schools are unsafe and survival, not education, is the priority. Schools typically do not have the information, interest, or comfort level to address the needs of sexual minority students. However, school principals are responsible for all students, including sexual minorities. School personnel may be their only support system and, with effective intervention, can have a positive impact on lesbians, gays, bisexuals, and transgenders (LGBT) students. An affirmative environment is more likely when school personnel are knowledgeable about protective factors and the needs of sexual minority students, provide them with support and understanding, and become their advocates and allies. In this article, the author discusses several measures to avoid sexual discrimination against lesbians, gays, bisexuals, and… [Direct]

Madaus, Joseph W.; Shaw, Stan F.; Zhao, Jiarong (2005). Section 504 Practices in One State. Journal of Special Education Leadership, v18 n2 p24-29 Oct. One hundred fifty-four special education directors in one northeastern state were surveyed regarding how specific components of Section 504 were implemented. Mean scores revealed that districts are properly implementing components of the law, including providing Section 504 plans only to students with disabilities, reviewing Section 504 plans on a regular basis, and providing students and families with information on due process procedures. Separate item frequencies revealed that some districts may be providing Section 504 plans to students without disabilities, and that training and information dissemination regarding Section 504 may be inconsistent. Nine percent of the reporting districts indicated that training is "Never" or "Rarely" provided to district staff, while 23% reported distributing Section 504 procedures to district staff only "Rarely" or "Sometimes." An additional 5% did not know whether Section 504 procedures were distributed to… [Direct]

(1977). Toward Educational Equity: A Report of Findings from Outreach Activities of the National Advisory Council on Women's Educational Programs during 1976. The report summarizes testimony of more than 90 individuals and organizations involved with women's affairs and education before the National Advisory Council on Women's Educational Progress. In the Council's linking role between Federal education agencies and the public, it encourages participation through testimony at regional public hearings and through written response. The six Council questions discussed in the report deal with Federal legislation, HEW encouragement of equity in state and local education agencies, directions for research and data dissemination, personnel and materials development, specific age groups and types of education, and special needs of minority women. Responses to these questions suggest three major areas of recommendation. First, teachers, counselors, and administrators should be trained to develop attitudes of equality. Educational personnel should also have skills and materials to implement these attitudes. Second, service to women with special…

Enright, Mary Schaefer; Schaefer, Kristin A.; Schaefer, Lawrence V.; Schaefer, Patricia S. (2008). Building a Just Adolescent Community. Montessori Life: A Publication of the American Montessori Society, v20 n1 p36-42. Lawrence Kohlberg, a psychologist, coined the term \Just Community\ to describe a community built on trust and resolution, in which each member participates democratically in the development of the rules and regulations that govern their community life (Kohlberg, 1985). In a school, this means that students and teachers alike actively participate in moral discussions about issues involving relationships between students and staff; each member of the community is held accountable to the group (Kohlberg, 1985). As such, the Just Community represents a type of moral laboratory, an opportunity for students to discuss and resolve moral issues that arise, and equally if not more importantly, to \act\ morally in accordance with the rules set forth by the group. Kohlberg saw the Just Community as based on the concepts of justice (fairness and equal rights), and benevolence (social responsibility and altruism), and as inspired by a sense of group solidarity. Thus, broadly speaking, the Just… [Direct]

Strange, Bennett (1996). If There Is a Problem, We Didn't Cause It. In the past, there was no cry for diversity in academic debate because the exercise was strong enough to attract participants on its own merits. The professional fields of law, ministry, politics, and broadcasting were resplendent with former debaters. If there is a current lack of diversity in the forensic community, the debate community did not create it and the solution is to be found elsewhere. One survey of 50 programs showed that only one squad was totally male and 35.5% of the reported squad members were female. Another indicated that out of 64 schools, 5.78% of the debaters were African-Americans, compared to a 8.66% black student population. Those who see a problem with the current multicultural makeup of the forensic community offer such solutions as: (1) more African-American coaches; (2) more dedicated debate scholarships for minorities; and (3) more community involvement to attract attention. A change in the perception of inequality must come from the students… [PDF]

(1996). Ten Years of Advancement 1985-95. Women & Girls in Education. What's Working in the U.S. This brochure highlights national policies, successful initiatives, and effective programs administered by the United States Department of Education to improve the lives of women and girls through education, training, and research. There are five sections to the brochure: (1) \Advancing Women and Girls Through Education\ including enforcing federal laws that prohibit discrimination, addressing the special needs of women and girls in educational programs, and providing technical assistance to states and local school systems; (2) \Creating an Environment for Success in Education\; (3) \Implementing Goals for a New Era\; (4) \Supporting Education for Women and Girls\ including research and dissemination, women's pursuit of higher education, and preparation for nontraditional careers; and (5) \Sharing Resources for Educating Women and Girls.\ (EH)… [PDF]

Reynolds, Leigh Ann (1995). People with Mental Retardation in the Criminal Justice System. ARC Q&A #101-47. This fact sheet uses a question-and-answer format to summarize issues related to people with mental retardation in the criminal justice system. Questions and answers address the following topics: the number of people with mental retardation in the criminal justice system (2 to 10 percent of the prison population is mentally retarded); whether people with mental retardation actually commit crimes more often than other people; the types of crimes people with mental retardation are commonly charged with (misdemeanors and less serious felonies); disadvantages faced by people with mental retardation in the criminal justice system (such as pretending to understand when they do not); the death penalty and people with mental retardation (many major organizations urge abolishing the death penalty for people with this disability); people with mental retardation are more frequent victims of crime; and ways to protect the rights of someone with mental retardation. (Contains 15 references.) (DB)…

(1997). Minority Rights and Training 1997-2000. Report of an International MRG Seminar (Gatwick, United Kingdom, April 10-11, 1997). A conference on minority rights and training held in Gatwick, England, in April 1997 had the following purposes: (1) to explore training about minority rights and the need to make majorities aware of minority rights and attitudes that improve cooperation between communities; and (2) to look at the need for and possibilities of training relief professionals. The main issues discussed in the minority training workshop centered on five themes: the relative merits of local, regional, and international initiatives; is the need for information, awareness raising, or training?; what should training be about?; who should be trained?; and learning from positive and negative experiences. The workshop on training relief professionals working in conflict situations identified seven key areas that might bring positive results: effective tools for relief organizations to identify communities and assess needs; a database of experts on relevant issues; training of relief professionals in a variety…

(1992). DOD Service Academies. Status Report on Reviews of Student Treatment. Statement of Paul L. Jones, Director, Defense Force Management Issues, National Security and International Affairs Division. Testimony before the Subcommittee on Manpower and Personnel, Committee on Armed Services, U.S. Senate. Preliminary results of ongoing reviews of student treatment at the U.S. Military Academy, the U.S. Naval Academy, and the U.S. Air Force Academy show the following: (1) hazing has not completely disappeared from the academies, despite prohibitions against it; (2) women and minorities have not reached the same level of achievement as white males in a number of areas, although no deliberate or systematic efforts to treat them differently have been found; (3) sexual harassment occurs more frequently than is reported; (4) although both men and women believe that reports of harassment will be investigated and offenders punished, there are significant negative consequences to reporting it; (5) military performance systems could be improved through elimination of subjective elements; and (6) academy adjudicatory systems provide the minimum due process rights stipulated by the courts and some additional rights, with limitations. (KC)… [PDF]

Schrag, Francis (1975). The Child's Status in the Democratic State. Political Theory, 3, 4, 441-57, Nov 75. Examines and questions the child and universal adult suffrage, justifying the child's exclusion, establishing criteria for voter competence, evaluating the competence of children, and chronological age as a criterion. Journal available from Sage Publications, Inc., 275 South Beverly Drive, Beverly Hills, California 90212. (ND)…

Phay, Robert E.; Rogister, George T., Jr. (1974). Student Distribution of Non-School Literature. NOLPE School Law Journal, 4, 2, 125-148, 74. Reviews the legal grounds on which school officials may limit or prohibit the distribution of printed material on school premises and examines the legal issues involved in school regulations requiring prior approval of written materials before they may be distributed. (JG)…

Siniscalco, Gary R. (1975). Effect of the Gardner-Denver Case on Title VII Disputes. Monthly Labor Review, 98, 3, 46-8, Mar 75. The U. S. Supreme Court unanimously held that prior submission of a claim to final arbitration under the nondiscrimination clause of a collective bargaining agreement does not foreclose an employee from subsequently exercising his right to a trial de novo under Title Seven. (Author)…

Tucker, S. W. (1975). Reflections on Virginia's Reaction to Brown. Journal of Law and Education, 4, 1, 36-38, Jan 75. Traces Virginia's reactions to the Brown decision–from evasion and resistance to containment to the present day strife over bussing. (DW)…

Tedford, Thomas (1975). Freedom of Speech and Censorship: A Dozen Paperbacks for Teacher and Student. English Journal, 64, 1, 122-3, Jan 75. …

(1974). Consultation on Higher Education and Social Justice: Statement and Conclusions. New Frontiers in Education, 4, 3, 89-99, Jul/Sep 74. A group of 35 educators, mostly principals and teachers of colleges, met at Bangalore, India in May 1974 for a 5-day consultation on higher education's role in the promotion of social justice. The final statement and other conclusions of the Consultation are presented. (Author/PG)…

(1989). Hearing on the Establishment of a National Policy on Children and Youth. Hearing before the Subcommittee on Human Resources of the Committee on Education and Labor. House of Representatives, One Hundredth Congress, First Session. This report presents testimony given at a hearing concerning the establishment of a national policy on children and youth, the Young Americans Act. Under this act, there would be an Office for Children, Youth and Families at the federal level and in each of the 50 states. These offices would support local offices, coordinate programs which affect children, provide economic incentives, and establish an independent council on children, youth and families. Testimony focused on the following topics: personal experiences of youth in the social service network; contents of the proposed bill; the success of the Older Americans Act and its relationship to the Young Americans Act; the importance of the government in empowering youth; the benefits of the act for the nation; the importance of adequate funding; the role of community-based organizations in delivering services; the need to recognize and support ethnic diversity in developing policies; the demographics and characteristics of… [PDF]

Leverett, E. Freeman (1985). Legal Liability of School Board Members. Revised Edition. This booklet reviews a broad array of factors affecting the immunity of school board members from personal liability for the results of their official acts. Among the factors examined are the federal doctrine of limited immunity as it applies to state officials; the possible extension of absolute immunity to school boards; the conditions under which school boards as official bodies that are legally constituted "persons" may be liable for their actions (according to the findings of the United States Supreme Court in "Monell v. New York City Department of Social Services"); the extent to which neglecting to prevent the unconstitutional activities of others may make the board member liable; and legal waivers of state sovereign immunity. Also addressed are procedural considerations relating to court litigation in cases involving claims of immunity; special immunity in cases involving claims of libel or slander; and claims under state law. The booklet also considers…

(1984). The Impact of the Equal Rights Amendment. Part 2. Hearings before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-Eighth Congress, First and Second Sessions (June 22, August 7, and September 19, 1984). Presented are three congressional hearings on a joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for women and men. The hearings focus on the impact of the Equal Rights Amendment (ERA) on domestic relations or family law; exceptions to the rule of equality contained in the ERA, in particular the "right to privacy" and the "unique physical characteristics" exceptions; and state experiences with state equal rights amendments. Testimony includes statements, prepared statements, and miscellaneous material (newsletters, letters, reports, etc.) from U.S. Senators and individuals representing Brigham Young University; National Organization for Women Legal Defense and Education Fund; Carleton College, Minnesota; Washington University, Missouri; University of Texas; and Harvard University. Over 600 pages of appendixes contain additional testimony, correspondence, reports, legal analysis, and miscellaneous materials…. [PDF]