(1993). Employment Equity: Breaking the Cycle of Discrimination. TESL Talk, v21 n1 p236-42. Discusses employment equity as a systemic solution of the Ontario government that focuses on the elimination of policies and practices within the system and institutions that perpetuate discrimination. The article argues that successful completion of English-as-a-Second-Language (ESL) training has not guaranteed fair access to employment. (eight references) (Author/CK)…
(1996). The Return of Open Debate. Society, v33 n3 p11-18 Mar-Apr. Discusses the Brown versus Board of Education decision, evaluates the influence of social science data on court decisions, and reconstructs race and educational achievement in the United States. Special emphasis is placed on comments of Supreme Court Justice Thomas and the future of the relationship between blacks and education into the new century. (GR)…
(1999). School Funding: Justice v. Equity. Equity & Excellence in Education, v32 n3 p53-58 Dec. Examines the problem of equity in school funding, noting the relationship between poverty, racial composition, spending, and student achievement. Discusses how equity is measured; the influence of the social context (i.e., ghettoization, corporate deals, and political spins); the impact of the legal context; and the issue of equity versus justice. (SM)…
(2004). "Workin' on the Railroad": African American Labor History. Social Education, v68 n5 pS4 Sep. In the spring of 2003, the author worked with a team of eighth grade teachers at Asheville Middle School in North Carolina on a project that combined fine art, music, the history of the railroads, and the African American experience in the state and nation. In her classroom, students interviewed a retired train conductor, who was African American, to learn about his work environment before and after desegregation. They watched and discussed a video made by older students at nearby Owen High School about the role of African Americans in laying the railroad tracks in Buncombe County, North Carolina. Finally, they learned about the life and works of three African American artists who depicted their society during the first half of the twentieth century and created a work of art (in the style of the times) that drew upon the many things that they had learned in this unit of study. The unit of study is described in this article. (Contains 6 notes.)…
(2005). IDEA 2004: Another Round in the Reauthorization Process. Remedial & Special Education, v26 n6 p314-319 Nov-Dec. The Individuals with Disabilities Education Act (IDEA) was recently reauthorized as the Individuals with Disabilities Education Improvement Act of 2004. Several significant changes were made in the most recent reauthorization. These included requirements for "highly qualified" special education teachers; a track that will result in full funding; changes in the composition of Individualized Education Programs (IEPs) and committee involvement in the IEP process; transition from school to postschool; identification procedures for students with learning disabilities (LD); due process hearings; expulsion and suspension of students with disabilities; and a host of other, less significant changes. Although on the surface some of these changes appear to be major, the primary purpose of IDEA–providing a free, appropriate public education for children with disabilities–remains intact…. [Direct]
(2004). National Initiatives within the UN Decade for Human Rights Education: The Implementation of Human Rights Education Policy Reforms in Schools. Educational Research for Policy and Practice, v3 n2 p167-182 Jan. As the ubiquitous force of globalization further erodes the nation-state and political activity increasingly focuses on global issues, there is renewed attention to models of global education. Within this global context, human rights education emerges as a response to the demands of global education. One of the main objectives of the United Nations Decade for Human Rights Education (1995-2004) is the building and strengthening of programs and capacities for human rights education at the national and local levels. In this essay, an overview of human rights education and the policy guidelines for national plans of action for human rights education developed by the Office of the High Commissioner of Human Rights (OHCHR) are presented. Further, the essay focuses on comprehensive national initiatives within the Decade that are being undertaken in Japan, Austria, and the United States, with particular attention to the implementation of human rights education in formal secondary school… [Direct]
(2005). The Marc Hall Prom Predicament: Queer Individual Rights v. Institutional Church Rights in Canadian Public Education. Canadian Journal of Education, v28 n3 p237-270. In 2002, Marc Hall's principal denied him permission to take his boyfriend to his Catholic high-school prom. In examining the politicization of the ensuing prom predicament, we critique Catholicized education and what we perceive to be the Catholic Church's efforts to privatize queerness as it segregates being religious from being sexual. We situate this privatization as the failure of the Catholic Church to treat vulnerable queer Catholic youth with dignity and integrity as the church sets untenable limits to queer. Examining Canadian case law regarding individual rights, we argue for the importance of upholding the "Canadian Charter of Rights and Freedoms" in the name of democratic principles…. [PDF] [Direct]
(2003). Can Authoritarian Separatism Give Way to Linguistic Rights? A South African Case Study. Current Issues in Language Planning, v4 n2 p126-145 Apr. This paper provides a background to recent developments in language planning in South Africa. Following a historical review, it focuses on a Bill of Rights in the new constitution which has, since 1993, demanded a shift towards rights-based language policy within a liberal framework. Debates within the Pan South African Language Board (PANSALB) swiftly gravitated towards aspects of corpus planning, particularly lexicography, and practices resorted to a multiplication of structures. It is through these debates, under the mantle of language rights and their institutionalisation, that it is possible to assess whether or not there has been a shift from segregationist planning to rights-based multilingualism/linguistic pluralism. Government's participation in the debates and its response to these also provide an opportunity to weigh the concepts of language planning from below (Alexander, 1992a) and "governmentality" in relation to language planning (Pennycook, 2002) during a… [Direct]
(2005). Social Justice in Hard Times: Celebrating the Vision of Dr. Martin Luther King, Jr. Multicultural Perspectives, v7 n1 p3-7 Jan. It is important to remember that one's presence \can\ create a clamor, a person's action \does\ make a difference. The author is reminded of this fact whenever he thinks about a poem by Angel Nieto. Similarly, individuals need to be reminded of this fact more than ever before because these are hard times for social justice. As individuals commemorate the words and deeds and legacy of Dr. Martin Luther King, Jr., they need to acknowledge that in the past half century America has made great strides in promoting the agenda of social justice. In this article, the author suggests three ways in which a person can both struggle against the hard times and at the same time honor Dr. King's memory…. [Direct]
(2004). Challenges to "Academic Immunity"–The Beginning of a New Era?. Education and the Law, v16 n2-3 p75-96. While the term "academic immunity" is not one usually used, in practice academics in higher education institutions (HEIs) have been immune from legal challenges to their key professional activities. The historical position in the UK has seen both university visitors and the courts consistently refusing to interfere with decisions described as having the nature of academic judgment. HEIs may have contractual obligations to students for the provision of the agreed syllabus with sufficient numbers of skilled staff, but they and the academics who work for them retain very significant freedom in terms of the detailed provision of the academic "product". In this article the author considers the prospect of "academic immunity" surviving recent changes in other areas of law, notably the introductions of the Human Rights Act 1998, the abolition of the immunity advocates enjoyed against claims in negligence and the coming into force of key aspects of the Special… [Direct]
(2004). The Fourteenth Amendment as Related to Tribal Indians: Section I, "Subject to the Jurisdiction Thereof" and Section II, "Excluding Indians Not Taxed". American Indian Culture and Research Journal, v28 n4 p37-68. The phrase "excluding Indians not taxed" appears in both Article I and the Fourteenth Amendment of the US Constitution. This essay examines the phrases "excluding Indians not taxed" and "subject to the jurisdiction" of sections 1 and 2 of the Fourteenth Amendment as they apply to Indians. This essay, through analysis of constitutional and legislative history, will demonstrate that "tribal" Indians were purposefully excluded from citizenship. The drafters of the Fourteenth Amendment clearly defined "tribal" Indians as "Indians not taxed," as not "subject to the jurisdiction" of the United States. This essay delineates the jurisdictional links between taxation and citizenship and discusses how the courts have repeatedly misconstrued the pertinent phrases. Solid arguments will verify that acts which imposed citizenship on all Indians, contrary to the Fourteenth Amendment prohibition against tribal Indian citizenship,… [Direct]
(1992). Reconciling Rights and Responsibilities of Colleges and Students: Offensive Speech, Assembly, Drug Testing, and Safety. ASHE-ERIC Higher Education Report No. 5. This monograph suggests solutions for the conflicts, especially prominent in recent years, between students and higher education institutions concerning their respective rights and responsibilities. The discussion focuses particularly on regulating offensive speech, rights of association and assembly, drug testing for athletes, and student safety on campus. Separate sections address each of these issues in turn. The discussion of offensive speech focuses on interpretations of First Amendment rights and advises that colleges should consider policies that are neither overbroad nor too vague, but that restrictions on time, place and manner of speech appropriate for the educational environment and for maintaining law and order on campus are constitutional. The review of rights of assembly and association suggests that once the institution recognizes some groups, other groups should not be denied such treatment simply because the college or university does not agree with their views. On… [PDF]
(1990). On Campus with Women: Volume 19: Numbers 1-4; Summer 1989-Spring 1990. On Campus with Women, v19 n1-4 Sum 1989-Spr. Four issues of the newsletter, \On Campus with Women,\ present information on the status and education of women. The newsletters offer brief news items on the following topics: women and the law; discrimination and the law; employment; legal actions; child care; campus issues; sexual harassment and rape; campus crime; sports; women's studies; gender studies; math and science; working in academe; minority women; international issues; and resources. (JDD)…
(1985). The First Amendment: Free Speech & a Free Press. A Curriculum Guide for High School Teachers. This curriculum guide is intended to encourage students to learn how everyone benefits when young people, other citizens, and the media exercise the constitutional rights of free speech and free press. Background information on free speech issues is provided, along with classroom activities, discussion questions, and student worksheets. There are 11 chapters. Chapters 1 and 2 summarize why the First Amendment should be studied and how that study might be approached. A brief discussion of how constitutional law and courts operate is provided in chapter 3. Other chapters outline and discuss specific free speech topics affecting the media. These include free expression versus government authority; libel; privacy and copyright; confidentiality, contempt, and the courtroom; obscenity, responsibility, and codes of ethics; and broadcast and advertising regulation. A chapter on students' rights and responsibilities reviews the earlier chapters within the context of the high school and… [PDF]
(1978). Students. A review of 1977 cases that involved students and institutions of higher education indicates that students seem to be more concerned with their rights as educational consumers. The majority of cases concern controversies focusing on classroom and academic evaluation and treatment of students; receipt of various forms of financial aid; use of student fees, fines, and other charges; and generally \getting what I paid for.\ The other issue which seems to be emerging relates to standards for admission. Further, many 1977 educational-consumer cases involved graduate and professional students who invested a great deal of time and money in their educational preparation. Other issues addressed in this chapter include due process, search and seizure, religious matters, publications, organizations, resident housing, athletics, parental support of students, and student voting. (Author/MLF)…