(1978). Compulsory School Attendance Laws and the Juvenile Justice System. Criminal Justice Monograph, Vol. VIII, No. 3, 1978. The study reported here examines the relationship between compulsory attendance laws and the juvenile justice system in the United States. The content is presented in five chapters. The first, an introduction, covers the purpose, limitations, and procedure of the study. Chapter 2 explores the historical development of compulsory school attendance and child labor legislation. The next chapter examines the beginnings of the juvenile court and current problems related to compulsory schooling and the juvenile justice system. Chapter 4, through discussion of court decisions, covers current movements and trends related to children's rights in relation to the school, juvenile justice system, and community. Alternatives to compulsory schooling and correctional intervention with truants are explored in the last chapter. A bibliography is attached. (EM)…
(1978). Indian Women and the Law in Canada: Citizens Minus. To be born poor, Indian, and a female is to be a member of the most disadvantaged minority in Canada today. For 109 years the Indian Act of 1868 has discriminated against Canada's Indian women on grounds of race, sex and marital status. It states that an Indian woman marrying a non-Indian man ceases legally to be Indian. She must leave her parents' home and her reserve. She may not own property on the reserve and she may be prevented from inheriting property from her parents. Her children are not recognized as Indian, and she may be prevented from returning to live with her family on the reserve even if she is in dire need, sick, deserted, widowed, separated, or divorced. Indian men may marry whom they please without penalty; their non-Indian spouses and children receive full Indian rights and status. The effects of this legislation on the Indian woman and her children can be very grave materially, culturally, and psychologically. The Indian Act is presently under revision, but…
(1978). A Citizen's Guide to School Desegregation Law. These summaries of recent major court decisions related to school desegregation were prepared in an effort to be of assistance to nonlawyers. As an introduction, the workings of the United States judicial system are outlined, and an overview of school desegregation law since 1954 is provided. Recent decisions by the U.S. Supreme Court that set standards for desegregation cases in all Federal courts are explained. Noteworthy Federal cases in which the U.S. Supreme Court did not make significant rulings during the 1976-77 term are summarized. Some important cases that have arisen recently in the California State court system are discussed. Also provided are guidelines for locating texts of court decisions on desegregation. (Author/EB)… [PDF]
(1978). Human Rights and Foreign Policy. Headline Series 241. A discussion is presented of the meaning of human rights, implications of human rights for foreign policy, and obstacles to its realization on a global scale. Chapter I identifies human rights as a critical issue, commends President Carter's initiative in this area, and points out difficulties of implementing a human rights policy. Chapter II raises questions about the (1) intellectual background of the human rights concept, (2) concrete meaning of human rights, (3) ability of an American human rights policy to be consistent and principled, and (4) global implications of a human rights policy declared by a world power such as the United States. A historical analysis of the human rights concept is presented in chapter III. The author compares its role in the Judeo-Christian tradition, Roman stoicism, the writings of John Locke, and contemporary philosophy. Chapter IV explores a philosophical rationale for human rights based on religious, metaphysical, utilitarian, and social-contract…
(1976). Search & Seizure in the Schools. A Model Policy and Rules. The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the topic. In making search and seizure policies, a balance must be maintained between an individual student's rights and the school's responsibility to maintain an environment conducive to learning. The basis for protection from unreasonable searches and seizures is the Fourth Amendment to the Constitution. The importance of the school's responsibility for maintaining an environment conducive to learning is evident in recent Supreme Court decisions involving short-term suspension of students and corporal punishment. The search and seizure policy suggested here is a short general statement of district direction concerning the policy. Numerous rules… [PDF]
(1979). Brown V. Board of Education: 25 Years Toward Equal Educational Opportunity. An Educational Staff Seminar Forum to Assess Equality of Educational Opportunity. The effects of the Brown decision on equal education for minority groups in America and the contemporary social context in which the decision is applicable are the subjects of this paper. The author contends that as we have not yet reached the stage in American society where equal opportunity exists and race ceases to be a factor in the distribution of social and economic resources, the Brown decision is still relevant to current educational issues. In this context, she discusses (1) strategies that can be employed by minority group leaders to achieve equal educational access; (2) expansion of the implications of the Brown decision beyond a black/white issue, to include Native Americans, Hispanics, and other minorities; (3) competition for educational resources between different"special needs" populations; (4) problems of equal access particular to urban areas; (5) the issue of postsecondary desegregation with regard to black colleges; and (6) the question of race versus…
(1964). CHANGING ATTITUDES OF SCHOOL PERSONNEL. MORE THAN IN ALMOST ANY OTHER PROFESSIONAL GROUP, THE ATTITUDES OF SCHOOL PERSONNEL ARE INFLUENCED BY COMMUNITY FACTORS. GENERAL ATTITUDES OF WHITE PUBLICS WILL CERTAINLY BY SIGNIFICANT FOR SPECIFIC ATTITUDES OF SCHOOL PERSONNEL TOWARD INTEGRATION. MOST SCHOOL PERSONNEL ARE MEMBERS OF THE MIDDLE CLASS. THEIR CLASS VALUES AND STATUS CONCERNS ENTER INTO THEIR CONFRONTATION WITH WITH INTEGRATION ISSUES. OF MAJOR CONCERN IS SCHOOL PRINCIPALS', TEACHERS', AND COUNSELORS' LACK OF ENCOUNTER WITH MEMBERS OF RACIAL AND ETHNIC MINORITIES AS EQUAL AND AS PARTICIPANTS IN SHAPING THE ACTIVITIES OF THE SCHOOL. THE ATTITUDES OF SCHOOL PERSONNEL ARE NOT EASILY CHANGED, BUT THEY ARE NOT IRRETRIEVABLY FIXED. TO FACILITATE INTEGRATION IN PUBLIC SCHOOLS, EDUCATORS SHOULD IDENTIFY THOSE ATTITUDES WHICH ARE DETRIMENTAL TO PUBLIC PRINCIPLES OF EQUAL EDUCATIONAL OPPORTUNITIES AND SEEK TO MODIFY THEM. AN ANALYSIS IS PRESENTED OF THE SPECIFIC ATTITUDES AND TYPES OF INDIVIDUALS FOUND AMONG SCHOOL…
(1965). THE SPRINGFIELD RULING. CONCLUSIONS OF JUDGE SWEENEY'S REVIEW OF THE SPRINGFIELD, MASSACHUSETTS, RULING ARE PRESENTED. THERE WAS NO DELIBERATE INTENTION OF THE SCHOOL AUTHORITIES TO SEGREGATE THE SCHOOLS. SEGREGATION RESULTED FROM A RIGID ADHERENCE TO THE NEIGHBORHOOD PLAN OF SCHOOL ATTENDANCE, WHICH HAD BEEN IN EFFECT SINCE THE LATTER PART OF THE NINETEENTH CENTURY IN SPRINGFIELD. THE SCHOOLS WITH A MAJORITY OF NEGRO STUDENTS RANKED LOWEST IN ACHIEVEMENT RATING BASED ON THE IOWA TEST OF BASIC SKILLS. WHEN STUDENTS TRANSFERRED FROM THESE SCHOOLS, THEY HAD DIFFICULTY KEEPING UP WITH OTHER STUDENTS. HE ALSO STATED THAT RACIAL CONCENTRATION WAS AN EDUCATIONAL AS WELL AS A CONSTITUTIONAL PROBLEM. THEREFORE, THE SCHOOL SYSTEM SHOULD PRESENT A PLAN TO ELIMINATE AS MUCH RACIAL CONCENTRATION IN ITS ELEMENTARY AND JUNIOR HIGH SCHOOLS AS POSSIBLE….
(1979). A Brief Review of Recent Court Decisions Related to the Use of Examinations for Purposes of Making Personnel Decisions. An Addendum to the Materials Prepared for the Writing Subtest of the Florida Teacher Competency Examination. Recent court decisions provide legal guidelines for the construction of teacher qualification tests. Such tests have often led to the rejection of a disproportionally large percentage of minority applicants. Boards of education have the right to establish tests and other standards pertaining to teacher employment. It is unlawful, however, for an employer to limit, segregate, or classify employees in a manner that adversely affects them because of race. Employment tests must be job related, with cutoff scores that do not discriminate against minorites. Essay examinations that are subjectively graded are legally permissable. Teacher certification tests may be developed and used for the purpose of teacher personnel decisons. (JEH)…
(1979). We Are the New Nation (Nous Sommes La Nouvelle Nation). The Metis and National Native Policy. A compilation of six policy statements, the booklet is intended to draw attention to the suppression of the rights of indigenous peoples (specifically, the Canadian Metis) by an inflexible federalist system of government, misguided national policies, and land claim settlements such as the 1978 COPE settlement. It is also intended to propose constructive alternatives to the destruction of Canadian native "collectivities". The documents include previously issued position papers, parliamentary and conference presentations, and responses to the COPE settlements, all of which formed the basis of 1978 discussions between the Canadian government and the Native Council of Canada (NCC), representing nearly one million Metis and Non-Status Indians. Written by Harry W. Daniels, president of NCC, the papers address: federalism, the myth of two founding peoples in Canada, the Metis Nation and its role in Canadian history, the James Bay Agreement, the COPE settlement, rights of…
(1978). The Status of Title IX in Region X; An Evaluation of Models and Barriers to Implementation of Title IX of the Education Amendments of 1972, for Region X of the U.S. Department of Health, Education and Welfare. This study examines the current status of Title IX implementation in Washington, Oregon, Alaska, and Idaho (Region X). The two major issues addressed are: (1) the status of the implementation of Title IX in Region X and perspectives, issues, and processes which have an effect on its implementation; and (2) implementation models and supportive organizational roles and resources which are necessary to encourage voluntary, positive compliance actions by affected educational agencies and institutions in Region X. An overview is provided of Title IX and efforts to eliminate sex discrimination in such areas as admissions, courses of study, sports, career counseling, scholarships and awards, and extracurricular activities. Problems arising from the confusion over the regulations, lack of clear policy interpretations, and the financial impact of Title IX implementation on school budgets are discussed. Major findings, conclusions, and recommendations concerning Title IX implementation in…
(1966). Economic and Political Prospects of the Poor. This conference paper points out underlying assumptions about current social events and relates contemporary actions to ultimate goals. Attention is drawn to a broader view of economic, social, and political factors and to the need for shifting from an examination of poverty to a critical awareness of the issues of inequality. Also discussed is the significance of \institutional changes in education and social service organizations.\ Within this frame of reference, the paper is concerned with the \rediscovery\ of poverty in the United States, the nonincome factors affecting economic position, the significance of education, and the development of a \diploma elite.\ The issues of political participation and political pressure are also discussed. It is felt that social scientists can provide perspectives and a focus for these problems. The reactions of several conference participants to this paper are included. (NH)… [PDF]
(1975). Sexual Inequalities and Socioeconomic Achievement in the U.S., 1962-1973. This paper on sexual inequalities and socioeconomic achievement in the U.S. addresses the question of change in the processes of socioeconomic allocation for men and women during the period 1962-73. Data comparing married spouse-present men and their wives are drawn from an analysis of the 1962 socioeconomic stratification study, "Occupational Changes in a Generation," and its subsequent 1975 replication. An examination of occupation, education, and earnings showed socioeconomic improvements for both men and women. Women were found to have attained more schooling, but their achievements appeared less associated with the circumstances of their families or origin than did those of men. Although little evidence of inequality of opportunity by sex for educational and occupational attainments between 1962 and 1973 was found, equality of economic opportunity for women did not follow this pattern, as the process of earning attainment was found to be sharply different for the… [PDF]
(1976). Methods of Discipline: What Is Allowed? A Legal Memorandum. This publication briefly discusses the legal status of various methods of school discipline and related efforts to control the behavior of elementary and secondary school students. Specific topics examined include corporal punishment, suspension, expulsion, exclusion from extracurricular activities, detention, truancy, verbal correction, a variety of less common disciplinary measures, and the relationship of school discipline and the responsibility of school officials to civil justice. Usually the discussion of these topics consists mainly of brief quotations taken directly from court opinions in relevant cases. (Author/JG)… [PDF]
(1972). Foreigners in Our Community: A New European Problem to be Solved. In 1969, the United Nations General Assembly proclaimed 1971 International Year for Action to combat Racism and Racial Discrimination. A congress was organized to focus on racial discrimination in employment opportunities. The congress, held in Amsterdam in August 1971, looked at the situation in three countries (the Federal Republic of Germany, the Netherlands, and the United Kingdom), where rapidly developing societies now include many cultural and ethnic minorities, which increasingly often are the victims of discrimination. The congress concentrated on the problems of the foreigner in those communities, defining the foreigner as one whose different color or social pattern makes him different from the society he lives in. The first chapter of the book gives the economic background to the phenomena of migrant labor. The second chapter surveys aspects of discrimination in the three countries concerned. The consequences of British membership of the European Economic Community for…