Lally, J. Ronald (2005). The Human Rights of Infants and Toddlers: A Comparison of Child-Care Philosophies in Europe, Australia, New Zealand, and the United States. Zero to Three (J), v25 n3 p43-46 Jan. This essay describes and analyzes economic rationalism, instrumental, and enrichment approaches to early care and education policy in the United States and abroad. The author proposes that differences in infant-toddler care and other services among nations can stem from differences in the way that societies define the basic rights of their youngest citizens. The author argues that the more a society leans toward social and educational enrichment as its conceptual base, the better it serves its children. The author argues that the U.S. embrace of economic rationalism as a justification for policy decisions regarding the care of infants and toddlers is a key reason it now lags far behind other industrialized nations in services to infants, toddlers, and their families. He recommends that the U.S. study the models of care that exist in other countries to avoid practices that put infants and toddlers at developmental risk…. [Direct]

Avery, Patricia G. (2002). Political Socialization, Tolerance, and Sexual Identity. Theory and Research in Social Education, v30 n2 p190-197 Spr. Key concepts in political socialization, tolerance, groups, rights and responsibilities can be used to understand the way in which young people struggle with sexual identity issues. Educators may promote greater tolerance for homosexuality among heterosexuals by situating sexual identity issues within a broader discussion of democratic principles. At the same time, one of the basic principles of a democracy, majority rule with respect for minority rights, gives voice to the concerns of gay and lesbian youth…. [Direct]

Browne, Stephen Howard (2003). Jefferson's First Declaration of Independence: A Summary View of the Rights of British America Revisited. Quarterly Journal of Speech, v89 n3 p235-252 Aug. This essay examines Jefferson's Summary View of the Rights of British America as evidence of his craft as a storyteller. Specifically, I argue that Jefferson deploys a series of narrative renderings, the rhetorical effect of which is to eliminate the possibility of any genuine reconciliation with the English government. On the basis of this interpretation I conclude that the Summary View represents Jefferson's first declaration of independence. (Contains 33 notes.)… [Direct]

Coleman, Julianne; Green, Mark; Molinaro, Lisa; Schroth, Stephen T. (2005). Tenure: An Important Due Process Right or a Hindrance to Change in the Schools?. Journal of Personnel Evaluation in Education, v18 n3 p219-231 Sep. Teacher tenure is a hotly contested concept in today's' school reform battles. Many discussions of tenure, however, use the term in incorrect ways that add little to the concepts that should be debated. Historically, tenure represents due process rights teachers acquire after several years of successful service. Other procedures, such as teacher credentialing, the granting of tenure, and teacher evaluation, if successfully applied, would offer the public adequate protection from less than competent teachers. Future implications and recommendations for legislatures considering reworking tenure laws are given, including extending the term necessary to gain tenure, revamping teacher evaluation procedures, increasing expenditures for supervision, and focusing reform efforts on desired outcomes…. [Direct]

Brown, Kathleen Sullivan; Mullin, Christopher M.; White, Bradford R. (2009). The Illinois Class of 2002 and Race/Ethnicity: A Descriptive Summary Four Years after High School. Policy Research: IERC 2009-5. Illinois Education Research Council The Illinois High School Class of 2002 is part of the third generational wave of American students following the landmark Supreme Court decision in "Brown v. Board of Education of Topeka," which outlawed segregation in public education. This longitudinal study allows the authors to examine the long-term impacts of this monumental education and legal policy in the state of Illinois. An examination of data on how students of various races and ethnicities participate in public and private postsecondary education can provide insights into their subsequent success and challenges in pursuing the American Dream through educational advancement. Presented are results for the cohort as a whole. The authors display data by fall, spring, and summer semesters to capture the annual rhythms of educational participation. (Contains 16 figures and 2 tables.)… [PDF]

Pressman, Robert; Weinstein, Susan (1990). Procedural Due Process Rights in Student Discipline. To assist administrators in understanding procedural due process rights in student discipline, this manual draws together hundreds of citations and case summaries of federal and state court decisions and provides detailed commentary as well. Chapter 1 outlines the general principles of procedural due process rights in student discipline, such as when students are entitled to due process and how much due process to give. Chapter 2 describes the application of due process to specific forms of discipline: suspension for 10 days or less; long-term suspension and expulsion; disciplinary transfer; inschool suspension; class removal; extracurricular activity exclusion; graduation ceremony exclusion; procedural rights for academic decisions; corporal punishment; and school bus exclusion. Chapter 3 details specific elements in prior hearings and the emergency exception, notice types and procedures, hearing timing, access to evidence before the hearing, ensuring impartial decisionmakers,… [PDF]

Hill, Robert J. (2006). The War on Democratic Public Space: A Perspective from the United States. Convergence, v39 n2-3 p167-175. There is a crisis in democratic public space in the USA. This essay explores key areas that are either causes or effects of the present predicament: post-9-11 fear, neoliberalisation/globalisation, migrating populations, and the growing power of right-wing fundamentalism, among others. (Contains 6 notes.)… [Direct]

Blackledge, Adrian (2006). The Magical Frontier between the Dominant and the Dominated: Sociolinguistics and Social Justice in a Multilingual World. Journal of Multilingual and Multicultural Development, v27 n1 p22-41. Research in multilingual societies often attends to the micro level of linguistic interactions, as linguistic minority speakers negotiate their way through a majority-language world. However, this research does not always engage with the social, political and historical contexts that produce and reproduce the conditions within which some linguistic resources have less currency than others. Methodological approaches must be able to make visible those hegemonic discourses that construct discriminatory language ideologies. In multilingual states those who either refuse, or are unable to conform to the dominant ideology are marginalised, denied access to symbolic resources and, often, excluded. A good deal of research has identified the difficulties that linguistic minorities can face in gaining entry to domains of power. Rather less research has identified the ways in which such domains are constructed, and their borders reinforced. Too little is still known about the countless acts of… [Direct]

DiGiorgio, Carla (2006). What Happens after the Law Is Passed? Marketing to Parent Demands in a Canadian Francophone School. Journal of School Choice, v1 n3 p91-113. Language rights embedded in Canada's Charter of Rights and Freedoms (Department of Justice, 1982) and implemented in the provincial education system have allowed parents to choose French language schools over their English alternative. But creation established by law does not fully protect the continuation of such a school. The image that it presents to its school community and the wider community within which it sits is equally important because it establishes economic, as well as legal, viability. This paper addresses the marketing that a legally mandated minority-language school in Canada developed in order to foster survival in its own particular cultural and educational community. The relationship between school, parents and public at large is analyzed to illustrate the balance that the school maintained between inclusiveness and exclusivity. Document analysis, interviews and observation, as part of a larger case study, revealed the creation of an image that addressed several… [Direct]

Routier, Wanda J. (1992). Improving Civic and Legal Literacy Skills of Secondary Level Deaf and Hard of Hearing Students Using the United States Constitution and Bill of Rights. This practicum was designed to develop a national model for teaching students with deafness or hearing impairments about their legal rights and responsibilities. The model included implementing a law-related education curriculum specifically written for students with deafness or hearing impairments, addressing their needs in legal knowledge and disability issues. Implementation of the practicum was achieved by conducting teacher training conferences, providing support and resources for teachers, making site visits, developing an activities schedule for a 12-week implementation period, writing portfolio assessment guides and charts, developing relationships with the media and Congressional leaders as a public relations effort, and assisting teachers with overall guidance for implementing the curriculum. Students showed increased knowledge about constitutional issues following the practicum, and teachers were positive about the training and use of the curriculum. Appendices contain… [PDF]

(1992). "But, We Don't Have the Money…" (Or As It Should Be "The Check's in the Mail…"). This newsletter issues offers suggestions to individuals with disabilities whose requests for assistive technology equipment or services have been refused due to an agency's financial situation. Parents asking for services for their child should point out that federal laws such as the Individuals with Disabilities Education Act guarantee a child's right to full educational opportunity and to a free appropriate public education, including special education and related services through age 21. Assistive technology can qualify as a related service. Parents should also make sure that the device or service is specifically included in as many areas as possible in the goals and objectives of the child's Individualized Education Plan (IEP) or Individualized Family Service Plan (IFSP). In addition, parents should make sure that requests for assistive devices are written into the IEP placement meeting minutes; should get a written statement stating the reasons for denial of an assistive…

Lacroix, Anne-Laurence (1996). Rights of the Child in the Federal Republic of Yugoslavia. This report to the United Nations Committee on the Rights of the Child contains observations of the World Organisation Against Torture (OMCT) concerning the application of the U.N. Convention on the Rights of the Child by the Federal Republic of Yugoslavia. The report's introduction points out that although OMCT welcomes Yugoslavia's efforts in keeping with the Convention, issues of concern remain, particularly the scarcity of information concerning the multiethnic nature of the Republic, and the inclusion of Serbia and Montenegro but not Kosovo and Voivodina. The report then presents observations and recommendations in the following areas: (1) non-discrimination; (2) protection against ill-treatment; and (3) children in conflict with the law. The report's conclusion includes an assertion that OMCT feels grave concern for the situation of children in Yugoslavia in general and particularly for those belonging to a minority coming under a policy of discrimination. The report concludes… [PDF]

Bagozzi, Daniela (1996). Rights of the Child in Guatemala. This report to the United Nations Committee on the Rights of the Child contains observations of the World Organisation Against Torture (OMCT) concerning the application of the Convention on the Rights of the Child by the Republic of Guatemala. The report's introductory summary asserts that although Guatemala has begun to undertake institutional and legislative efforts to fulfill its obligations under the Convention, reality still presents a grim picture for Guatemalan children. The report then presents observations and recommendations in the following areas: (1) definition of a child; (2) the right not to be subjected to torture; (3) children in conflict with the law; (4) children in situations of emergency; and (5) economic exploitation of children. The report's conclusion asserts that Guatemala's new legislation alone is insufficient in tackling the many problems of Guatemalan children, and that the rights of children in conflict with the law and in extreme poverty or hazardous… [PDF]

Carrera, John Willshire (1989). Immigrant Students: Their Legal Right of Access to Public Schools. A Guide for Advocates and Educators. This document is a guide to the immigrant student's legal right of access to public schools based on the 1982 United States Supreme Court ruling in "Plyler v. Doe" (457 U.S. 202). Following an introduction, the first of three sections, "School Practices," addresses everyday school practices by outlining prohibited and recommended practices concerning registration, documentation, verification, relations with the Immigration and Naturalization Service, staff training, the need for regulations and rumor control, along with recommended actions for state and local election agencies. The second section, "The Right of Access," addresses the Plyler ruling itself and the legal reasoning behind it. The third section, "Parents and Advocates," addresses the role of parents and community members in insuring that schools abide by and respect the Plyler rights of immigrant students. This section contains supplements on foreign student status and relevant…

(1989). Immigrant Children: Challenges and Opportunities for Our Schools. Proceedings of the Conference of the Advocates for Children of New York (New York, New York, November 1986). This document presents testimony, policy statements, and recommendations on the educational needs of immigrant children at the elementary school through secondary school levels in New York City. An introduction describes the November, 1986, hearing at which parents, students, teachers, administrators, and members of community based organizations serving newly arrived families testified on the educational needs of immigrant children. A background section describes a court ruling, "Plyler v. Doe," and legislation, the Immigration Reform and Control Act, as well as excerpts of a New York City mayoral memorandum dated October 15, 1985. Another section describes areas of concern that the Chancellor's Advisory Committee on Immigrant Affairs has identified. Also described are other activities of an Immigrant Students Rights Project. Recommendations are presented that emerged from the hearing in 1986 and from subsequent work with students and families. A conclusion emphasizes the…

Harbeck, Karen M. (1989). The Homosexual Educator: Past History/Future Prospects. This paper is a summary of a comprehensive work on the legal, social, educational, and political history of lesbian and gay teachers in U.S. society from colonial times to the present. Case law on homosexual educators is discussed, as are three major political campaigns that sought to prohibit homosexual conduct, activity or advocacy by school employees. Following a previously invisible, often depressing history of homosexual educators, remarkable advances have been made by lesbians and gay men in the past 20 years. Further research and education in this important area of social policy is needed. (DB)…

Manley-Casimir, Michael E.; Sussel, Terri A. (1985). The Equality Provisions of the Charter and Educational Policy: Preparations for Implementation. Section 15 of the Canadian Charter of Rights and Freedoms, passed by the government in 1982, has been compared in its guarantees of equal rights to the equal protection clause of the Fourteenth Amendment of the Constitution of the United States. These equality provisions were deferred for a 3-year period so that federal, provincial, and territorial governments could inspect their legislation, consider and consult about the effect of the provisions on their governmental policies and practices, and legislate necessary amendments. This paper identifies and discusses provincial considerations of educational policy and practice in the equality provisions in general and of section 15 in particular. Part 1 reviews the legislative history of section 15. Part 2 discusses various mechanisms employed by different governments for reviewing statutory enactments. Part 3 concludes with reports on what amendments were made and what measures were taken by the different governments and private… [PDF]

(1981). Administrators and the Courts. The Best of ERIC on Educational Management, Number 56. The eleven publications reviewed in this annotated bibliography discuss litigation and legal issues in education, such as administrator discretion in student discipline, the constitutional rights of students and teachers, defamation of character, and the school board's authority to transfer personnel. The literature also examines the issue of proving good faith, the establishment of a legal identity for principals, the necessity for following due process, the limits to an administrator's immunity from liability, and the legal aspects of managing a school's fiscal and physical resources. The authors stress that a thorough knowledge of the legal responsibilities in all areas of school operation is necessary to effective administration. (WD)… [PDF]

Mikulaninec, John S. (1980). Up From Suffrage: Canada. Influences on the political and economic status of women in Canada between World Wars I and II are discussed, with emphasis on the struggle to enfranchise women on the provincial level, legislative precedents, and the relationship between educational achievement and economic opportunity. Data are derived from historical accounts; trade union annals; government decrees such as the War Time Elections Act (1917), the Military Voters Act (1917), and the Women's Minimum Wage Act (1935); records from activist organizations such as the Women's Christian Temperance Union, the National Council of Women, the League for Women's Rights, and the Association of Women Property Owners; the Department of Labor; national and provincial records of women in public office; and court cases, including the "persons" case–a 1916 reversal of a British Common Law decision in 1876 that women were "persons in matters of pains and penalties but not in matters of rights or privileges."…

Wise, Arthur E. (1968). Rich Schools, Poor Schools: The Promise of Equal Educational Opportunity. The argument of this book is that differences in educational opportunity are largely due to the wealth of the tax base in the local community, that the quality of a child's educational opportunity is related to the particular community in which his parents' economic capacity enables him to reside. It is argued that such economic differences deny the citizens of a state the equal protection of the laws in violation of the Fourteenth Amendment and that the Equal Protection clause can be used to compel the states to provide equal educational opportunities. It is suggested that Supreme Court cases dealing with "equality"–school desegregation, reapportionment, and indigent defendent cases–can be used as precedents to challenge inequality in education. These issues are examined in separate chapters in the book. (KG)…

Tihanyi, Krisztina (2007). Racial Integration in the USA and South Africa: Lessons in a Comparative Perspective. International Journal of Inclusive Education, v11 n2 p177-197 Mar. The year 2004 marked the 50th anniversary of the landmark "Brown vs. Board of Education" case that put an official end to segregated schooling in the USA. Desegregation has received little attention as of late, yet a number of scholars argue that the work of desegregation is far from being complete in the USA. The aim of this paper is to refocus attention on desegregation through a detailed comparison with a more recent case: the racial integration of schools in post-Apartheid South Africa. While South Africa is not held up as the perfect example of integration, it illuminates concepts and ideas that may explain shortcomings of the US process and present new alternatives to revitalize the process. Likewise, it is hoped that the historical example of the USA is instructive to those involved in the integration effort in South Africa. (Contains 12 notes, 1 table and 3 figures.)… [Direct]

Ellis-Williams, Antoinette (2007). Discovering the Possibilities: A Study of African American Youth Resistance and Activism. Educational Foundations, v21 n1-2 p107-124 Win-Spr. This article presents a study of African American youth resistance and activism. The data revealed that African American youth have a large capacity for activism and ability to resist. Early engagement on issues of social justice, equality and freedom by family, teachers, pastors and community leaders can help to shape political character and willingness to participate as an activist. Moreover, youth are more likely to become involved if they perceive issues as directly impacting their lives. As youth grow up they tend to become more jaded about their ability to make a change but they are still willing to work on fighting for justice if they find other like-minded individuals. While young people today are not involved with local electoral politics they demonstrate a highly sophisticated understanding of social organization, bureaucracies, and politics. Finally, when schools provide information and role models students are more likely to take risks and want to improve their… [PDF] [Direct]

Mertz, Gayle (1997). War, Peace, and Human Rights: Listening to Children's Voices. Teaching Strategy. Update on Law-Related Education, v21 n1 p12-14 Win. Presents a lesson plan that teaches students the relationship between basic international doctrine and the proliferation and control of weapons of mass destruction. Assigned readings and handouts, including the preamble to the United Nations' Convention on the Rights of the Child, facilitate student reports and group discussions. (MJP)…

Rendel, Margherita (1997). Whose Human Rights?. During the last 50 years, principles, institutions, and policies of human rights have been developed worldwide. This book brings together European and international conventions on human rights, the rights of women, and the users and uses of education, and places them in their wider context. It examines issues in how human rights work, the ways in which women have benefited, and the role of education in human rights. Chapter 1 offers an account of how human-rights legislation has been brought to fruition, with a focus on the process in Great Britain. Chapter 2 examines the international development of human rights, and chapter 3 describes the various ways in which education can be used to advance human rights. Chapter 4 examines the ways in which education appears in human-rights instruments. How do the provisions meet women's needs? The fifth chapter considers how these rights are globally and regionally implemented and enforced. Chapter 6 assesses the right to education in England…

(1982). Social Studies: Appendix for Elementary, Middle, and High School Guides for Teaching about Human Rights. Seventy documents including primary source materials, simulations, mock trials, short stories, vignettes, and statistical data are provided for the implementation of the elementary, middle, and high school human rights curriculum. Original documents include: (1) the Universal Declaration of Human Rights; (2) the Declaration of the Rights of the Child; and (3) the Charter of the United Nations. "Thermal Pollution: Background Material for a Mock Trial," highlights an unusual case of thermal pollution that occurred when cold water was introduced into an artificially-warmed tidewater stream in New Jersey. "The 100% American" is a vignette designed to initiate discussion on the many contributions of other cultures to the U.S. way of life. The list of "65 Ways To Say That's a Job Well Done," shows how self-esteem can be engendered in students. "Body Ritual Among the Nacerima: A Study in Ethnocentrism" is a parody that describes some "strange…

(1971). Report of the White House Conference on Youth. The proposals reported here evolved out of the conference held in Estes Park, Colorado April 18-22, 1971 to find new approaches to ten major issues, and new ways for youth between the ages of 14 and 24 to become more involved in the decision-making processes of the social and political institutions of the United States. 918 youth delegates were invited to represent the national demographic variables: geography, race, sex, age, and current status with respect to school, work, or unemployment; they tended to be actively involved in their communities. The power structure was represented by 500 invited adults from education, business and industry, labor, media, religion, foundations, national organizations, and the arts. Over 500 proposals are included here on: 1) the Draft, National Service, and Alternatives; 2) Drugs; 3) Economy and Employment; 4) the Environment; 5) Foreign Relations; 6) Legal Rights and Justice; 7) Poverty; 8) Race and Minority Group Relations; and, 9) Values,… [PDF]

(1971). Human Dignity Through the American Experience. (Government). Grade 12. The curriculum guide for twelfth grade pupils aims at helping students to understand and accept people who are different, develop a satisfactory self image, learn to think critically in the decision making process, and become familiar with the valuing process. Information on foundations in American government serves as a base for human rights and dignity. Teaching is process oriented rather than content oriented. Activity units, designed to foster community involvement, are outlined and arranged into three parts. The first unit focuses on the study of the structure and function of the Federal Government, the responsibilities and rights implied in the Bill of Rights, and democratic concepts. Unit II helps the student understand the concept of conflict and dissent, the political party system, the way in which majority rule necessitates minority role, and the structure and function of state and local government. Topics dealing with international relations as applied to current affairs,… [PDF]

Fisher, Margaret (1995). Equal Protection under Law: Access to Public Education. Providing legal perspectives on equal protection with a focus on access to public education, this curriculum guide assists lawyers making classroom presentations and teachers at all levels. The elementary school curriculum provides students with a working knowledge of the concept of discrimination. It also introduces the differences between permitted and illegal discrimination. In the secondary school curriculum, students analyze a case study on the rights of children of undocumented aliens. Students are asked to express opinions on the right to a free public education for children of illegal aliens. This issue is used to frame student consideration of the Equal Protection clause of the Fourteenth Amendment. In addition to lesson plans, the booklet contains activity guides and sheets, a chronology of California immigration policy history, and instructions for a student forum. (LH)… [PDF]

(1987). Justice: Constitutional Update. Bar/School Partnership Programs Series. The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains how due process helps keep government accountable. A lesson plan for grades K-6, "Making Wrongs Right" (D. Greenawald), helps primary students analyze situations where a wrong has occurred and offer recommendations for corrective justice. "What is Procedural Justice?" contains lesson plans for middle and secondary school students adapted from "Law in a Free Society" curriculum units. They are concerned with the fairness of procedures used to gather information and make decisions. "Justice: Developing Reasonable School Policies" (K. A. Sprang) is a lesson plan for secondary students that focuses on the… [PDF]

Manley-Casimir, Michael E.; Sussel, Terri A. (1986). Special Children and the Charter: Constitutional Implications for the Legal Right to an Appropriate Education. A Report Submitted to the Human Rights Law Fund, Department of Justice. The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on…mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators translate the law into viable policies and programs for handicapped children. The report is divided into the following sections: (1) an overview of legislative and judicial trends in accommodating handicapped children's right to an appropriate education; (2) a survey of public interest group responses to current provincial legislative policies and programs for handicapped children (including representative examples of how these individuals and groups perceive current legislative initiatives); (3) an overview of recent United States constitutional and legislative developments in handicapped education and a discussion of Canadian legal trends in… [PDF]