(2005). Dissecting Diversity Part I: Scholars Weigh in on the Meaning of Diversity. Diverse: Issues in Higher Education, v14 n16 p32-37 Aug. One of the major objectives at Diverse is to bring clarity and understanding to the most pressing issues that confront the higher education community. Nowhere is there a greater need for such lucidity than in the area of diversity. In the most honored of academic and campus traditions, Diverse convened a group of scholars from various colleges, universities and associations to gather together for an open and frank exchange of ideas, thoughts and opinions about a range of issues–from the meaning of diversity to the future of affirmative action. The full extent of the conversation can't be captured in one edition. Therefore we bring to you Part I of a two-part dialogue that will inform, enlighten and maybe even help define what diversity really means…. [Direct]

Ellegood, Christina; O'Brien, Gerald V. (2005). The Americans with Disabilities Act: A Decision Tree for Social Services Administrators. Social Work, v50 n3 p271 Jul. The 1990 Americans with Disabilities Act has had a profound influence on social workers and social services administrators in virtually all work settings. Because of the multiple elements of the act, however, assessing the validity of claims can be a somewhat arduous and complicated task. This article provides a "decision tree" for administrators to assist with the evaluation of claims. This decision tree allows people who are considering the validity of an ADA claim to break the decision-making process into discrete steps that can be considered separately and sequentially. These steps include employee and disability status, employer knowledge of the disability, employee qualification for the job, the provision of accommodations, the adverse actions that may be included in a claim, valid employer rationales for adverse action, and the procedural elements required for a successful ADA claim. Issues that are important in each step are discussed….

Downing, J. Anderson (2004). Related Services for Students with Disabilities. Intervention in School and Clinic, v39 n4 p195-208 Mar. Since passage of the Education of All Handicapped Children Act in 1975, professionals and parents have disagreed concerning how to define and implement the related services requirement of the law. Some states have enacted statutes or regulations establishing eligibility criteria; however, many have not. Although a number of due process and court cases have been filed concerning related services as a necessary component of a free and public education to students with disabilities, the narrow and sometimes conflicting outcomes of those cases has failed to provide clear guidance for the field. This article will review the Individuals with Disabilities Education Act definitions of related services, overview types of related services commonly provided in schools, and review legal decisions concerning related services and the research providing support for best practices…. [Direct]

Sloan, Tod (2005). Global Work-Related Suffering as a Priority for Vocational Psychology. Counseling Psychologist, v33 n2 p207-214 Mar. Building on the recommendations in the article \An Emancipatory Communitarian Approach to Vocational Development Theory, Research, and Practice\ by David Blustein, Ellen McWhirter, and Justin Perry, a critical and global perspective on the challenge facing vocational psychologists who adopt an emancipatory communitarian approach is developed. Attention to the most pressing needs of the global unemployed and working poor will be critical. Most psychologists already possess the skill sets that are required, but the roles will change from work that primarily sustains current socioeconomic systems to work that challenges the globalization of corporate consumerism through an insistence on participatory democracy in the work settings and the defense of the human rights of workers…. [Direct]

Roach, Ronald (2004). Still Having Her Say: More than a Decade after Becoming a Household Name, Harvard Law Professor Lani Guinier Holds True to Her Beliefs, Principles. Black Issues in Higher Education, v21 n3 p22 Mar. This article describes the accomplishments of Lani Guinier, Bennett Boskey Professor of Law at Harvard University law school. The first and only African American woman to hold a tenured faculty position at the Harvard University law school, Guinier has put her visibility to use by speaking out on issues of race, gender and democratic decision-making and by urging honest public discussion on these issues. This article transcribes a brief interview with Guinier, outlines the impressive work behind her career and books, and provides first-hand accounts from those who have worked closely with her….

Gerber, Paul J.; Mulligan, Robert; Price, Lynda (2003). The Americans with Disabilities Act and Adults with Learning Disabilities a Employees: The Realities of the Workplace. Remedial and Special Education, v24 n6 p350-58 Nov-Dec. Twenty-five adults with learning disabilities were queried to examine their employment experiences at job entry and in job advancement vis-a-vis the Americans with Disabilities Act (ADA). Results suggest that Title 1 of the ADA is underutilized by individuals with learning disabilities in the workplace. Self-disclosure about disability was rare and reasonable accommodations were infrequently used. (Contains references.) (Author/DB)…

Crippen, Carolyn; McCarthy, John R. (2003). Manitoba Women and Higher Education: Momentum to Stay the Course. Journal of Women in Educational Leadership, v1 n3 p253-269 Jul. In this article, the authors describe the history of women in higher education in Manitoba. The historical perspective chronicles the path of women from 1825-2000. The momentum established by these women pioneers in their quest for higher education, according to the authors, must be maintained for present female students and women in academia because educational opportunity provides hope for their future. (Contains 14 endnotes.)… [Direct]

Manley-Casimir, Michael; Oliverio, Cesare (2005). The Judicial Construction of the Role of the Teacher. McGill Journal of Education, v40 n3 p405-422 Fall. This paper examines the evolving Canadian jurisprudence at the appellate court level to outline the emerging definition–what is termed the "judicial construction"–of the role of the teacher. "Judicial construction" is a phrase intended to capture the attribution by judges of the social and educational significance of teachers. It is a phrase that recognizes the interpretative role of judges in adjudicating legal situations involving teachers and the importance ascribed to teachers by judges. In this context, the focus is on issues of teacher misconduct outside the classroom and during off-duty hours. The paper deals with only those cases in which questionable, but otherwise legal behaviour, are explored. It undertakes a detailed look at two recent Supreme Court of Canada decisions concerning alleged teacher misconduct, in the form of discrimination, to outline the evidentiary tests that must be satisfied to establish misconduct. Although this entails a… [Direct]

Gereluk, Dianne (2005). Should Muslim Headscarves Be Banned in French Schools?. Theory and Research in Education, v3 n3 p259-271. The recent ban of "conspicuous" religious symbols in French state schools has received international attention, especially the uncertainty of whether Muslims will comply with the ban. The issue, however, raises a number of philosophical dilemmas regarding toleration in a liberal democracy, the notion of a "neutral" public space in state schools and the protection of girls' rights in traditional communities. I examine each issue accordingly and argue that the French state is unjustified in banning religious symbols. (Contains 2 notes.)… [Direct]

Keels, Crystal L. (2005). Still No 40 Acres, Still No Mule. Black Issues in Higher Education, v22 n13 p18-21 Aug. The simple mention of reparations for African-Americans in the United States can be counted on to generate a firestorm. When it comes to the issue of recompense for injustices Black Americans have suffered throughout U.S. history–slavery, Jim Crow segregation, and other political and social mechanisms designed to maintain racial inequality–the question of accountability is one the nation has historically ignored. The United States has customarily denied the need for restitution for the "peculiar institution" of slavery and its aftermath, and the legendary post-civil war promise of "40 acres and a mule" still remains elusive. But in the 21st century, avoiding the issue is becoming increasingly difficult as activists, scholars, politicians and grass-roots organizations work diligently to ensure that the issue of reparations for African-Americans and all people of African descent is one the country–indeed the world–must at least consider. This article reports on… [Direct]

Bray, Bernard L.; Chappell, Larry W. (2005). Civic Theater for Civic Education. Journal of Political Science Education, v1 n1 p83-108 Feb. This study illustrates the special value of theater for conducting civic education. It begins by identifying the features of good citizenship in the United States. Citizenship in America includes rights, interests, affections, duties, and virtues. We focus on one duty, civic respect, and the virtue most necessary to meet that duty–civic attention. Unless citizens pay respectful attention to one another, some will be left in civic bondage–voiceless in the political community or consigned to second-class citizenship. One remedy to the problem of civic bondage is civic education that teaches civic respect through civic attention. We argue that two basic pedagogical strategies are required to teach civic attention: (1) civic hermeneutics (interpreting other citizens with the aim of granting them civic respect) and (2) civic staging (organizing public space to allow citizens to better communicate). We then argue that theater–including classical and experimental varieties–is especially… [Direct]

Kuehner, Trudy (2006). Islam, Islamism, and Democratic Values. Footnotes. Volume 11, Number 4. Foreign Policy Research Institute On May 6-7, 2006 FPRI's Marvin Wachman Fund for International Education hosted 44 teachers from 16 states across the country for a weekend of discussion on teaching about Islam. Speakers were drawn from the disciplines of religious studies, anthropology, political science, history, law, and journalism. The institute, held in Bryn Mawr, Pa., was made possible by a grant from the Annenberg Foundation. Walter McDougall opened the conference with remarks on the U.S. democratization effort in Iraq, noting similarities to Reconstruction in the Confederate South. Sessions included; (1) Islam vs. Islamism (S. Abdallah Schleifer); (2) Islam and Politics in Historical Perspective (David Cook); (3) Asian and Arab Islam (Robert Hefner); (4) Islam in Europe: Integration and Counterterrorism (Jytte Klausen); (5) Iraq's Democratic Prospects (Kanan Makiya); (6) Islam, Law, and Human Rights (David Forte); (7) Islam, Democracy, and the West (Fawaz Gerges.) Barry Rubin spoke of the tension between… [PDF]

Siska, Jan; Vann, Barbara H. (2006). From "Cage Beds" to Inclusion: The Long Road for Individuals with Intellectual Disability in the Czech Republic. Disability & Society, v21 n5 p425-439. In the Czech Republic, individuals with intellectual disabilities continue to be institutionalized in large, remote, state-run institutions and as a result are isolated from community interaction. Some practices associated with these institutions are coming to be seen as human rights violations. Although non-governmental organizations (NGOs) offer alternatives to institutionalization, demand for such services exceeds supply. Czech legal structure hinders NGO funding. Large state institutions continue to be built. (Contains 4 notes.)… [Direct]

Song, Sarah (2006). Religious Freedom vs. Sex Equality. Theory and Research in Education, v4 n1 p23-40. This essay examines Susan Moller Okin's writing on conflicts between religious freedom and sex equality, and her criticism of \political liberal\ approaches to these conflicts, which I take to be a part of her lifelong critique of the public-private distinction. I argue that, while Okin ultimately accepted a version of the distinction, she was much less hopeful than most liberal theorists that private actions could be made just without a great deal of public coercion. This comes through especially in her writing on religion. I suggest an approach to addressing these conflicts that seeks to respect religious liberty more than Okin's prescriptions suggest she did but which, in my view, is more consistent with Okin's own liberal commitments. (Contains 23 notes.)… [Direct]

Weber, Mark C. (2006). Legal Protection against Discrimination for Students in Higher Education: Four Leading Issues. Learning Disabilities: A Multidisciplinary Journal, v14 n1 p15-20. This article discusses court cases and other sources on each of four major topics regarding federal disability discrimination laws and claims made by post-secondary students with learning disabilities: (a) Which students are entitled to the protection of the statutes, (b) What if any deference should be afforded academic institutions in their decisions about accommodations and student qualifications, (c) How much individual accommodation needs to be afforded during testing, and (d) What must universities do to prevent harassment of students on account of learning disabilities. The article concludes with some words about benefits that flow to the academic institution from providing accommodations to students with learning disabilities, in fulfillment of the spirit of the disability discrimination laws…. [Direct]

Boreson, Lynn A.; Rozalski, Michael E.; Yell, Mitchell L. (2006). Using Seclusion Timeout and Physical Restraint: An Analysis of State Policy, Research, and the Law. Journal of Special Education Leadership, v19 n2 p13-29 Nov. Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite controversial. Typically, professionals who use these procedures assert that they are sometimes needed to safely manage dangerous student behaviors. On the other hand, many opponents of the procedures argue that seclusion timeout and physical restraint are used far too often in public school settings; they contend these interventions have no place in schools. Specifically, opponents argue that seclusion timeout unnecessarily removes students from the classroom and denies them a fundamental right to an education, and physical restraint may lead to serious student injuries when used inappropriately. This difference in opinion has resulted in a… [Direct]

Lindahl, Ronald (2006). The Right to Education in a Globalized World. Journal of Studies in International Education, v10 n1 p5-26. This article explores the fundamental issues related to education as a human right, particularly in the context of rapid globalization. The 1948 Universal Declaration of Human Rights, the United Nations' 1959 Convention on the Rights of the Child, and the UN International Covenant on Economic, Social, and Cultural Rights all declare education to be a fundamental human right. Further discussion has continued at the Education for All conferences held in Thailand in 1990 and Senegal in 2000 as well as in the International Commission on Education for the 21st Century's report to the UN Educational, Scientific, and Cultural Organization. However, there is no consistent definition of what amounts, qualities, forms, and content of education meet the minimum requirements to fulfill that right. In a globalized world, this issue becomes even more complex. Questions arise as to who should provide education, for whom, how, with what content, and under what conditions…. [Direct]

Birtwistle, Tim (2006). Are We Collectively Guilty of Complacency? An Update on the Continued Confusion over What Is Academic Freedom and What May Become a Battle for Academic Freedom. Education and the Law, v18 n2-3 p207-215 Jun. Academic freedom has, since 2004, increasingly made the headlines of the higher education papers and journals in the United Kingdom. New legislation has added to the confusion in terms of what law applies and what might apply. This article provides an updated analysis of this confused area. (Contains 14 notes.)… [Direct]

(1995). Voices of Freedom: America Speaks Out on the ADA. A Report to the President and Congress. This report examines the implementation of the Americans with Disabilities Act (ADA) during the 5 years since its passage in 1990. An introductory chapter considers the overall importance of the Act; the continuing interest of the National Council on Disability (NCD) in the ADA; and the visits of NCD representatives to each of the 50 states, the District of Columbia, and the Virgin Islands to conduct town meetings of consumers and those involved in ADA implementation. Major findings are reported in terms of the ADA's effect on: (1) greater access to the physical environment; (2) increased access to employment opportunities; (3) easier communication and mobility; (4) modest implementation costs (despite exaggerated predictions); (5) strengthening of the roles and self-images of Americans with disabilities; and (6) creation of positive changes in American culture. The overall finding is that the law has begun to move the country toward becoming a society in which all Americans,… [PDF]

Ramirez, Ray, Ed. (1993). Freedom of Religion: A Time for Justice. Second Special Edition. NARF Legal Review, v18 n2 Sum. This special theme issue outlines the history of discrimination against traditional Native American religions, including recent Supreme Court decisions. "Discrimination and Native American Religious Rights," by Senator Daniel K. Inouye, discusses the compelling government interest in eradicating discrimination and describes two Supreme Court decisions denying constitutional protection of tribal sacred sites and the practices of minority religions. "The Repression of Indian Religious Freedom," by Patricia Nelson Limerick, examines the history of federal policies suppressing Indian religious liberty. Public policy long assumed that the "civilization" of the Indians and their conversion to Christianity were inseparable. During the 19th century, a missionary movement swept through the United States, and federal funds for Indian education provided partial support for missionary schools. The question of religious liberty was viewed as a matter among Christian… [PDF]

Bennack, Frank A., Jr. (1987). The American Public's Knowledge of the U.S. Constitution: A National Survey of Public Awareness and Personal Opinion. A Hearst Report. The goal of the Hearst survey was to measure the public's knowledge of the U.S. Constitution. This report is divided into three sections: (1) a report on the survey in the form of an address to the National Conference of Bar Presidents; (2) the survey findings; and (3) the survey methodology. The survey itself, in which 1,004 respondents were interviewed by telephone, contains four parts. The first group of questions, found in part 1, was designed to determine the public's understanding of the Constitution's origin. Only 54 percent knew the purpose of the original U.S. Constitution was to create a federal government and define its powers. Twenty-six percent believed the document's purpose was to declare independence from England. Only 40 percent knew the Bill of Rights is comprised of the first 10 amendments to the original Constitution. Part 2 of the survey explores the U.S. public's knowledge of the presidency and the Supreme Court. The public tends to overestimate the domestic…

Jennings, Ralph M.; Richard, Pamela (1974). How to Protect Your Rights in Television and Radio. To help citizens and citizen groups who are trying to make television and radio more responsive to public needs, tastes, and desires, a handbook sponsored by the United Church of Christ spells out government regulatory policies and the public role in them. Sections describe the various roles of the Federal Communications Commission, Congress, the White House, and the Courts and outline the broadcaster's responsibilities and his legally-mandated relationship with the public. Citizens are told how to start a public-interest group and how to intervene in license-renewal proceedings. FCC-required program reports and forms are explained and summarized, both for commercial broadcasting and educational stations. Appendixes include a bibliography of FCC policies, a list of organizations offering assistance to citizen groups, a state-by-state listing of license-renewal dates, and the text of an agreement between a citizens' group and a Dallas broadcasting station. Samples of a renewal…

Stapleton, Margaret (1976). Rights to Equality for Disabled Persons under Federal and State Law. Rehabilitation Counseling Bulletin, 19, 4, 597-605, Jun 76. Legislation has mandated equal opportunity in American society for persons with handicaps, creating mechanisms for ending discrimination against them. Access to education, employment, public transportation vehicles and other facilities, and community living situations is specifically guaranteed in federal legislation. State statutes and municipal ordinances have buttressed the federally protected rights. (Author)…

Feinerman, James V. (1992). A Criminal Case in the Chinese Courts. Update on Law-Related Education, v16 n3 p21-27 Fall. Describes a criminal case decided in the People's Republic of China in March 1991. Discusses the development of the modern Chinese legal system. Compares criminal law in China and the United States. (CFR)…

(1992). Student Access: A Resource Guide for Educators. Section 504 of the Rehabilitation Act of 1973. This collection of information pieces is intended to help school personnel make better decisions regarding compliance with, first, Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against persons with disabilities and, second, with the Individuals with Disabilities Education Act (IDEA). It is stressed that some students may have physical or mental conditions which entitle them to rights or protection under Section 504 even though they do not fall into IDEA categories. The collection includes: an IDEA/504 flow chart; a chart showing distinctions between 504 and IDEA eligible students; and a table comparing IDEA and Section 504. Most of the document consists of appended material covering: definitions under Section 504; discrimination under Section 504; Sample local school districts policy statements on Section 504 policy; a list of procedural safeguards/parent rights; a Section 504 Policy/Procedures Checklist; guidelines for parent/student rights in… [PDF]

(2002). Balancing Rights: Education Law in a Brave New World. Papers [of the] Education Law Association (ELA) Annual Conference (48th, New Orleans, LA, November 14-16, 2002). This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and security; educational financing; accountability and educational malpractice; assessments and high-stakes testing; teachers rights and responsibilities; school desegregation; special education; equal protection under the Constitution; employee rights; school dress codes and uniform policies; performance pay for superintendents; charter schools; academic freedom; technology in education; students rights; freedom of speech; the teaching of law; and sexual misconduct. (Contains an author index.) (WFA)…

Schlene, Vickie J. (1992). Children's Rights. Social Education, v56 n4 p201-02 Apr-May. Provides a sampling of citations in the ERIC database on children's rights. Includes human rights education, United Nations' conventions, state takeovers of local school districts, and federal law as it affects student rights. Covers child abuse, corporal punishment, child welfare, and child advocacy. (DK)…

Crampton, Faith E.; Vesely, Randall S. (2007). Dynamic Contexts in the Education of Multicultural Students with Disabilities in the Urban School Environment. Multicultural Learning and Teaching, v2 n1 p1-9 Jan. The challenges in improving and sustaining success of children from multicultural backgrounds with disabilities in urban school districts manifest themselves in the contextual dynamics of legal, accountability, demographic, and fiscal terrains. Within each of these areas, educational leaders must solve existing problems of underservicing, overidentifying, inadequately funding, and unnecessarily placing multicultural students in restrictive special education placements. In this article, we focus on these terrains…. [Direct]

Viteritti, Joseph P. (2007). The Last Freedom: Religion from the Public School to the Public Square. Princeton University Press The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself–still less its free exercise in any situation that is not absolutely private. In "The Last Freedom," Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, and provocative book, Viteritti argues that Americans must guard against debasing politics with either antireligious bigotry or religious zealotry. Drawing on politics, history, and law, he defines a new approach to the church-state question that protects the religious and the secular… [Direct]

Cunniff, Daniel T. (2007). Due Process and Teacher/Administrator Responsibilities in the United States. College Teaching Methods & Styles Journal, v3 n4 p55-60. This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school districts, which ignore the fact that they are acting in place of students' parents and cannot overstep their bounds. The author stressed the fact that it is up to school officials to educate themselves as to their legal responsibilities. The study covered key issues including due process, suspension and expulsion, student searches, and sexual harassment. Case studies were cited and suggestions for litigation avoidance offered…. [Direct]