(1988). Summary of Existing Legislation Affecting Persons with Disabilities. Summaries are presented of more than 60 key federal laws pertaining to the legal rights and benefits available to persons with disabilities. The laws are organized into general subject areas, including: education, employment, health, housing, income maintenance, nutrition, rights, social services, transportation, and vocational rehabilitation. The provisions of each separate act are described in non-technical language. After providing a brief overview of each law's basic purpose and structure, the major programs authorized under the statute are described. An encapsulated legislative history of the law highlights major milestones in the evolution of the statute. Minor legislation affecting persons with handicaps is summarized in an abridged format, including a brief discussion of the law's importance and its legislative origins. The information provided is restricted to the provisions of the federal laws and does not cover regulatory and administrative policies or judicial decisions…. [PDF]
(1986). Desegregation: The Urban America Perspective. The most important education issue in terms of the volume of court cases and the impact on education has been racial isolation in schools. For decades the thrust has been on integrating the schools, but this goal has not been accomplished. Desegregation efforts have been frustrated and the problem of providing a quality education for all students is becoming more serious. Since American history shows that public education contributed positively to the quality of democracy in this country, it is imperative that more efforts be made to solve these problems. Successful efforts to desegregate government, public accommodations, and trade unions suggest that schools can also be desegregated. Even within education there have been successes on the level of teaching staffs and governing boards. Among recommendations for achieving the same kinds of desegregation among students are the following: (1) assure a good representation of minority staff in each school; (2) improve the quality of city…
(1983). Violence in the Family: Child and Spouse Abuse. The two sections of this monograph deal with child abuse and spouse abuse as separate issues. The authors discuss the factors that have contributed to these problems, including historical antecedents, attitudes, and practices; and identify the characteristics of abusive caretakers of children, violent spouses/partners, and abused or neglected children. Sample intervention and treatment strategies are described, as well as broad components that should be part of any effective preventive or treatment program. Each section includes recommendations for future action intended to ameliorate and/or prevent abuse of children and spouses and help them to lead less fearful lives under more positive conditions. References are provided at the end of each section. (Author)… [PDF]
(1981). Special Programs in Employment: Criteria for Compliance = Programmes speciaux en matiere d'emploi: Criteres de mise en application. The purpose of this publication is to clarify the Canadian Human Rights Commission-approved criteria for special employment programs to eliminate systemic discrimination and to ensure compliance with the Canadian Human Rights Act. The basic principle of the Act is set forth: those sections of the Act that specify discriminatory practices are quoted, and the mandate of the Commission regarding special programs is discussed. In the next four sections, focus is on development of special programs in employment. Topics covered include criteria for special programs, identification of needs (problem areas within the organization in which its labor force is unrepresentative), determination of the relationship between the composition of its existing labor force and elements of its employment system (organizational policies, procedures, and practices), and three essential elements of a special program that will improve opportunities through contributing to a representative labor force…
(1983). Legal Aspects of Home Instruction. The nationwide phenomenon of home instruction is meeting resistance from state compulsory school attendance laws, resulting in many court cases in recent years. Parents who choose to teach their children at home may do so on moral or religious grounds, or because they consider public schools too conservative or traditional. State compulsory attendance laws have been based on the desire to \Americanize\ immigrants, the consideration for the welfare of the child and the community, and the safety of the state. Therefore, this duty of education for the public good has been the prosecuting argument in questions of schooling. The right of parental authority has been one defense against such regulation, resulting in a restriction on state public education mandates, thus allowing private schools. Recent home instruction cases, however, have shown that state laws allowing private school attendance are often not specific, sometimes making prosecution difficult since the right to home…
(2005). Are You Ready for Your Close-Up?. Teaching History, n119 p24-27. We are often reminded that we remember little of what we hear and read but much of what we teach. The very act of teaching forces us to clarify our understanding and to process it so that it can be communicated in a structured, clear and accessible way. Here, Heather Scott describes how she got an initially reluctant Year 12 group at Challenge College to "teach" a similar group in a neighbouring school through the use of video. A clear structure to the task, a tight timescale and plenty of encouragement all contributed to a successful outcome for both the "teachers" and the "taught". Those at the receiving end were invited to respond with feedback and subsequently to send their own 'lesson' back to the students at Challenge College. An awareness of audience clearly raised the quality of the students' presentation and injected a healthy dose of competition into the proceedings…. [This article was written with Judith Kidd.]… [Direct]
(1977). The Bakke Case and Asian/Pacific Americans. Amidst much controversy, the United States Department of Justice has filed an amicus brief in the Supreme Court on behalf of the special minority admissions program at the University of California Medical School at Davis. This fact sheet is intended to show why Asian and Pacific Americans and those friendly toward Asians should pay careful attention to the government's position toward Asians as reflected in the Bakke case and beyond. The Justice Department's position in Bakke is of special concern to Asian and Pacific Americans because the government has become the first participant to challenge the participation of Asian Americans in a minority program. The government's brief says that Asian Americans have been admitted into medicine adequately without special admissions. It is noted that the Government brief contains misleading or irrelevant suggestions that Asian and Pacific Americans are too well off to suffer the effects of past discrimination. Furthermore, the brief fails to…
(1977). Proceedings: Conference on Corporal Punishment in the Schools: A National Debate (Washington, D. C., February 18-20, 1977). The conference from which these papers were taken was designed to present a balanced cross-section of opinion on the controversial subject of corporal punishment in the school. The papers contained in this volume include a review of the research on the effects of punishment, an analysis of state legislation regulating corporal punishment in the schools, as well as papers for and against the use of corporal punishment. Special attention is given to the U.S. Supreme Court's decision in the Ingraham v. Wright case, in which the Court ruled that corporal punishment does not violate student's Eighth Amendment rights (fredeom from cruel and unusual punishment) nor require due process before it is applied to students. The volume concludes with an open forum dialogue among representatives of the American Federation of Teachers, the American Psychological Association, and the National Parent Teacher Association. (DS)…
(1982). Legal Issues in Public School Administrative Hearings. A NOLPE Monograph Series. This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as they apply to these two types of cases and then gives in-depth details on the mechanics of hearings. The concerns addressed include the participants and their roles, the handling of witnesses, the nature of evidence, aspects of testimony, the treatment of hearing records, and the making of acceptable decisions. Techniques for closing hearings, suggestions for hearing conduct, and a discussion of the board's actions following the hearing committee's decision conclude the document. (PGD)…
(1980). Children, Indecency, and the Perils of Broadcasting: The Case of "Scared Straight.". This paper argues that the United States Supreme Court's 1978 "FCC v. Pacifica Foundation" decision, in which the Court held that broadcasters must refrain from transmitting unseemly language at a time of day when children are most likely to be in the audience, has created a perilous dilemma for broadcasters: how to accommodate a child's right not to know without violating the adult's right to know. To capture the gravity of this dilemma, the paper focuses on a television documentary, "Scared Straight," that liberally used profanity, and contends that there is no principled way to distinguish between the language that resulted in the "Pacifica" decision and that used in the television documentary unless the Federal Communications Commission (FCC) uses content criteria. The paper presents a brief history of the events leading to the "Pacifica" decision and then examines the FCC's interpretation of this decision. It then focuses on "Scared… [PDF]
(1981). Special Report: Labor Relations in Elementary and Secondary Education, 1980-1981. Government Employee Relations Report. In 1980-81, one issue dominated labor relations in elementary and secondary education–layoffs. In the future, unions are expected to protest layoffs more and more, at the bargaining table, on the picket line, and in the courts. This report highlights this issue in its section on major developments. The two major teacher unions–American Federation of Teachers and National Education Association–are currently reviewing their roles in the light of huge cuts in federal funding for education and the prospect of the loss of cabinet rank for the Education Department. Included in this report are exclusive interviews with the top officials of both unions and extensive organizing literature for both unions. In addition the report contains a discussion of the issues involved in collective bargaining and negotiations, salary disputes, and legal developments in 1980-81 at both the state and federal court levels. The report contains a summary of the most significant contract settlements…
(1979). Title IX: Parity of Coaches' Salaries for Male and Female Athletic Teams. A study by the National Education Association (NEA) of the existing literature, teacher opinion polls, federal legislation and regulations, state salary schedules, and collective bargaining agreements revealed important information concerning the differences in salaries in the late 1970s for coaches of male and female athletic teams in the public schools. Analysis of contracts showed that salaries were not generally equal in the 1977-78 school year, but that the percentage of contracts with equal salaries was higher than in 1975-76. Teachers polled during the period felt efforts to comply with the provisions of Title IX of the Education Amendments of 1972 were inadequate. The researchers determined that the Equal Pay Act of 1963 is the most appropriate and effective tool to use in resolving equal pay issues involving sex discrimination. The data available were not sufficient to answer questions concerning equality of pay for extra work by coaches. As a result of the study, the… [PDF]
(1981). Legal Aspects of Teacher Evaluation. Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics associated with teaching success. The successful institution of a policy of teacher evaluation is subject to the influences of teacher unions, community groups, and administrative leadership as well as legal constraints and mandates governing due process, equal protection, and reasonable administrative action. This monograph first addresses constitutional guarantees of substantive and procedural due process, especially where these protections have compelled judicial scrutiny of employment decisions in public educational settings. The second section of the monograph covers federal constitutional and statutory provisions barring discrimination and…
(1977). The Right to Education: Where Are We and How Did We Get Here? Book 1. The Parent/Professional Partnership. The first of a series of three books written for parents, professionals, and others involved in educating severely and profoundly retarded children provides a brief history of the right to education movement and general information about administration and financing of public schools. Chapter 1 traces the right to education movement from the early 1800s to the present. Chapter 2, on the public schools, includes sections on the local school and school district, the state education agency, the federal government's role in education, university teacher training programs and the educational system, and the role of teacher unions. (SBH)…
(1978). The Educator's Role in Equal Rights. Two questions must be asked by educators when assessing their role: How should opportunity, access, and democratic intent be used to further the fullest development of each individual to the limits of his or her potential? How do our institutions, in particular, our schools, play a role in facilitating that development? These questions are especially relevant to the problem of equal rights for women in a society in which the number of women in the schools and in the work force is increasing. In the light of these trends, college education for women is becoming more of a necessity, and it is necessary to examine our institutional objectives in terms of their relevance to women. Adult education programs especially need to be examined since from 60 percent to 80 percent of the students in these classes are female. (DS)… [PDF]