(1986). Education and the Separate But Equal Doctrine. Black Scholar, v17 n3 p35-41 May. Examines the historical evolution of the \separate but equal\ doctrine as it applies to education. Problems of definition as well as subtle forms of continuing segregation (such as discrimination in housing, selection of school district boundaries and \ability grouping\) have prevented the attainment of equal education promised by the Brown decision. (ETS)…
(1984). Affirmative Action vs. the Declaration of Independence. New Perspectives, v16 n1 p21,27-28 Sum. Reverse discrimination is an effect of affirmative action that cannot be overlooked: it is discriminatory and it has victims. If laws may be used to discriminate against Whites, they may once again be used to discriminate against Blacks if we do not retain our respect for equal rights. (Author/KH)…
(1984). We'll Sue Your School Board to Win Equity for Women Administrators. American School Board Journal, v171 n5 p43-45,47 May. Women continue to hold relatively few positions as school administrators; old boy networks, resistance to the idea of female authority figures, and the absence of affirmative action policies make it increasingly necessary to seek redress through lawsuits. The inaction of schools on Long Island, New York, exemplifies a national problem. (JBM)…
(1976). Where Are We Now? Some Thoughts on the Current Scene. Psychology of Women Quarterly, 1, 1, 21-36, F 76. This speech, presented at the American Psychological Association meeting in Chicago, 1975, discusses various forms of discrimination against women, how women must cope with this discrimination, and federal legislative efforts to reduce this problem. (Author/HLM)…
(1977). Federal Regulation and the Constitution. AGB Reports, 19, 1, 41-6, Jan/Feb 77. Most of the federal intrusion has come from the bureaucracy. The author believes that the U. S. Constitution offers protections against much federal over-regulation, and hopes that individual institutions will use them. (Editor/LBH)…
(1995). Sexual Harassment and Sexual Assault in Canadian Sports and Courts. Sexual harassment is deemed a violation of the Canadian Charter of Rights and Freedoms which provides protection from discrimination based on sex. Provincial jurisdictions may offer legislation more stringent than that reflected in the Canadian code. Recourse for acts of sexual harassment through the courts is sought by alleging discrimination. The judicial system's legal definition of sexual harassment addresses both the direct harassment between the harasser and the harassed and the indirect harassment that creates the offensive, sexist environment detrimental to comfort and productivity. Sport, for a number of historical, cultural, and social reasons, has generally been dissociated from the issue of sexual harassment. In November 1993, the Canadian Broadcasting Corporation put a crack in the wall of protection with their investigation of sexual harassment in athletics and the airing of their documentary "Crossing the Line." Legal complaints are expected to become more… [PDF]
(1998). Section 504 and Public Schools: A Practical Guide for Determining Eligibility, Developing Accommodation Plans, and Documenting Compliance. This book is intended to help school personnel in determining whether a child is eligible for services under Section 504 of the Rehabilitation Act, providing a framework for analyzing a child's deficit areas to clearly determine eligibility and justify providing or declining services under this law. Chapters 1 and 2 introduce the guide and give an overview of the requirements of Section 504. Chapter 3 details the specific requirements of Section 504 for schools, including the provision of a free appropriate public education. Chapter 4 describes how to determine if a child is eligible for Section 504 services. It details a method of analyzing a student's deficit areas to determine whether there is a substantial limitation in a major life activity, the basis for eligibility under Section 504. Developing accommodation plans for students is the focus of Chapter 5, whereas Chapter 6 provides information on the procedural safeguards that must be provided to students and their families….
(2003). When the Americans with Disabilities Act Goes Online: Application of the ADA to the Internet and the Worldwide Web. Position Paper. This paper addresses the issue of how the Americans with Disabilities Act (ADA) applies to commercial and other private sector Web sites. Beginning with a brief discussion of the role electronic communication plays in our lives, the paper then considers the placement of the ADA in the context of current technology and of computer usage in the country. The paper next analyzes the legal background to the ADA and Internet access issues, pointing out authorities and scholarship on both sides of the question. The paper goes on to identify the narrow legal issues, bearing most upon the definition of the word "place" in Title III of the ADA. It analyzes the meaning and application of this term, in light of the ADA's legislative history, its plain meaning, and court decisions applying this term in nontechnology-based settings. The paper concludes that the law does clearly contemplate the coverage of the Internet by Title III of the ADA. Finally, the paper explains the practical… [PDF]
(2000). An Analysis of Disability Support Services in Higher Education. This paper analyzes disability support services in higher education to provide administrators with a clearer understanding of disability support services and the legal requirements for their institutions to provide accommodations to students with disabilities. It begins by discussing the rapid growth in the number of college students with disabilities and in the number of post-secondary disability service providers. Requirements under Section 504 of the Rehabilitation Act of 1973 are reviewed and include the stipulation that any post-secondary institutions receiving federal dollars must provide qualified students with disabilities an equal educational opportunity. Provisions of the Americans with Disabilities Act are also described, including the assurance that an individual with a disability cannot be prevented from competing with others as long as he or she meets the same qualifications. The obligation of the student with a disability to identify and document the disabling… [PDF]
(1973). Protect Children's Rights and You'll Protect Local Control. V — On the Rights of Children. American School Board Journal, 160, 8, 23-24, Aug 73. Concludes a service on the rights of children. Claims that courts and legislators will restrict school boards that continue to abuse their power and authority. School board members are advised to champion children's rights. Some general guidelines are provided that school boards can apply to their own policies on student rights. (Author/WM)…
(1983). Can Immigration Laws Be Enforced?. Public Interest, n72 p107-23 Sum. Current immigration law contains loopholes that make it difficult to restrict illegal immigration. Needed are enforcement strategies that maximize benefits from limited resources and are politically acceptable to American citizens. Such strategies might include increasing cost of entry, and focusing post entry operations on aliens involved in crime and fraud. (Author/MJL)…
(1983). Student Religious Worship in the Public University: An Administrative Guide. NASPA Journal, v20 n3 p2-6 Win. Examines access to facilities by student religious groups in light of Widmar v. Vincent and other cases. Concludes that free speech includes religion and that student religious groups should have equal access to campus facilities. However, the university has the right to regulate such activities and may not directly sponsor them. (JAC)…
(1983). Widmar v. Vincent: A Commentary by the Participants. NASPA Journal, v20 n3 p7-8 Win. Comments on the Widmar v. Vincent Supreme Court decision dealing with the use of university buildings by student religious groups. Clarifies the University of Missouri-Kansas City position on the place of worship activities in campus facilities. Implications of the decision on the separation of church and state are discussed. (JAC)…
(1983). A Color-Conscious Constitution: The One Pervading Purpose "Redux.". Journal of Negro Education, v52 n3 p189-212 Sum. Argues that the pervading purpose of the Reconstruction Amendments to the Constitution was not only to secure and firmly establish Blacks' freedom, but also to take color or race into account in remedying discrimination in violation of the spirit, if not the letter, of those amendments. (CMG)…
(1982). Equal Employment Opportunity Consciousness among Arkansas Public School Districts. Journal of Negro Education, v51 n4 p412-24 Fall. Application forms for teaching positions were collected from 225 school districts throughout the State of Arkansas to ascertain their awareness of and compliance with Federal equal employment opportunity (EEO) laws. Two-thirds of the districts were found to use personnel forms with numerous violations of EEO principles. (Author/GC)…