(2001). Avoid Potential Liability: The Americans with Disabilities Act and the Public Schools. This paper summarizes requirements of the Americans with Disabilities Act (ADA) and related regulations and judicial decisions as the law pertains to employment at public and private schools. It stresses that the ADA forbids employment discrimination on the basis of disability, and requires employers to make "reasonable accommodation" for employees' disabilities. It notes that the plaintiff has the initial burden to establish that he or she was not hired or promoted due to discrimination but that once the plaintiff makes this initial showing, the burden shifts to the employer or school district to articulate a legitimate, nondiscriminatory reason for not hiring or promoting the plaintiff. Individual sections of the report address the following topics: types of protection under ADA; employment discrimination in the schools (summarizing court cases related to contagious diseases, physical disabilities, mental disabilities, and disability harassment); and avoiding potential… [PDF]
(1997). Persons with Developmental Disabilities and the Justice System. Impact, v10 n2 Sum. This feature issue of "Impact" focuses on persons with developmental disabilities and the justice system. Articles include: "The Invisible Victims" (Daniel D. Sorensen), which discusses the high rate of people with developmental and other severe disabilities who become victims of crime; "The ADA in the Justice System" (Frank Laski and Kirsten Keefe), which discusses the application of the Americans with Disabilities Act to the justice system to prevent discrimination against people with disabilities; "ABA Mental Health Standards: The Impact on Persons with Developmental Disabilities" (B.J. George), which summarizes the American Bar Association's mental health standards; "Equal Protection of the Law for Crime Victims with Developmental Disabilities" (Dick Sobsey); "The Arc: Tackling Criminal Justice Issues at National, State and Local Levels" (Leigh Ann Reynolds and Rick Berkobien); "Breaking the Cycle: 'Justice… [PDF]
(1994). Working Effectively with People Who Have Learning Disabilities and Attention Deficit Hyperactivity Disorder. Implementing the Americans with Disabilities Act Series. This brief paper uses a question-and-answer format to summarize requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people with learning disabilities (LD) and attention deficit hyperactivity disorder (ADHD). Questions address the following topics: (1) what is meant by LD and ADHD; (2) eligibility requirements of these conditions under the ADA; (3) the need to provide job accommodations for people with LD and ADHD; (4) examples of appropriate accommodations, such as providing a visually organized environment for the individual with visual perceptual problems, encouraging use of tape recordings or "talking" computers for the individual with reading problems, and providing a private space for employees who are easily distracted; and (5) the role of employers in advancing the employee with LD or ADHD. A listing of six resources is provided. (DB)… [PDF]
(1994). Working Effectively with People Who Are Blind or Visually Impaired. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to employment of people who are blind or visually impaired. Topics addressed include what is meant by blindness or visual impairment; examples of types of jobs that people who are blind can do; possible accommodations for the person who is blind or visually impaired during the employee selection process (such as allowing the applicant to choose how to fill out the job application); enhancing productivity on the job (both low tech and high tech accommodations are suggested); and tips for on-the-job training, performance management, training, and promotion. A list of six resources is provided. (DB)… [PDF]
(1994). The ADA and Personnel Training. Implementing the Americans with Disabilities Act Series. This brief paper uses a question-and-answer format to summarize requirements of the Americans with Disabilities Act (ADA) of 1990 related to personnel training. Topics address the purpose of the ADA; personnel within an organization who should receive training on the ADA; information on the ADA that these personnel should have; starting a training program on the ADA; accessibility of training to persons with disabilities; and related training responsibilities (such as prohibition of third-party discrimination). A listing of three resources is provided. (DB)… [PDF]
(2000). Encyclopedia of Minorities in American Politics. Volume 1: African Americans and Asian Americans. The American Political Landscape Series. The last 30 years of U.S. political history have seen dramatic strides in the impact that minorities play in U.S. politics. This first volume of a two-volume set addresses the historical and contemporary impact of two of the largest minority groups in the United States. Divided into two sections, the encyclopedia addresses the political struggles of African Americans and Asian Americans. The work draws attention to those events, people, and ideas that have shaped, and will continue to shape, the political dialogue of a diverse country. The entries cover people, events, court cases, movements, and organizations that have shaped the political struggles of these 2 groups. Longer entries address some of the key issues that face minorities in U.S. politics today. These "issue entries," such as those on affirmative action, immigration, bilingual education, and political participation were written to give context to current politics and to show how these issues might be resolved….
(1999). Distinguished African American Political and Governmental Leaders. This comprehensive directory profiles more than 100 African American political and governmental leaders from the mid-19th century to the present. Each entry includes the following information, where applicable: birth date and place; parents' names and history; current status; education; anecdotes; national or local events; awards and honors; memberships and affiliations; dates and locations of positions and offices held; important achievements and career highlights; quotes; and personal data. The directory is extensively cross-referenced. A bibliography, three appendixes, and an index are included. (BT)…
(1999). Intersections of Critical Legal Theories: In Search of a Critical Theory of Juvenile Justice. Children who are subjected to the juvenile justice system suffer injustices and prejudices similar to those experienced by women and minorities. The main difference is that there is no political group comprised of juveniles who could advocate for a new approach to juvenile justice. This makes them the most vulnerable of all individuals who come into contact with the justice system. Juveniles have virtually no power to overcome the bias and irrationality of school disciplinary procedures, much less legal decisions. Because little consideration is given as to why juveniles end up criminals, the perspective of the juvenile in the process is not considered. Thus, it is difficult to expect juveniles to change their behavior to fit into a society that refuses to protect them when they are victimized, but is all too eager to punish them when they behave in an inevitably violent manner. A critical theory of juvenile justice that incorporates the perspectives and experiences of juveniles who… [PDF]
(2001). A Policy Framework for Reconceptualizing the Legal Debate Concerning Affirmative Action in Higher Education. This chapter asserts that to make the case for affirmative action in higher education based on the diversity rationale, the legal debate must be reconceptualized into a policy-oriented framework. It presents a model dividing policy development into four interrelated parts: goals, objectives, strategy, and design. The policy framework is applied to the issue of affirmative action in college admissions intended to promote the educational benefits of diversity. The chapter concludes that the policy framework and analysis make a strong case for affirmative action in university admissions intended to further several core goals (improving learning, enhancing civic values, and promoting preparation for employment). This requires substantial commitment from the higher education community. The chapter examines the influence of the Supreme Court's decision in Regents of the University of California v Bakke (1978) and the Fifth Circuit Court's decision in Hopwood v. Texas (1996). It concludes… [PDF]
(2001). Diversity and Affirmative Action: Evolving Principles and Continuing Legal Battles. This chapter reviews the legal standards governing affirmative action in higher education, examining the diversity rationale and contrasting the cases of Hopwood v. Texas and Wittmer v. Peters, which were decided in 1996. It discusses: the legal standard governing affirmative action in higher education; the remedial interest in overcoming the present effects of past discrimination; the nonremedial interest in realizing the educational benefits of diversity; Hopwood v. Texas and its rejection of educational diversity; and Wittmer v. Peters and support for nonremedial affirmative action. It concludes that the law governing affirmative action in higher education is at a crucial point in its development. Several key cases are pending, and there is a strong chance that the Supreme Court will address the issue in the near future. The chapter notes that the higher education community must use this time to build upon the Supreme Court's 1978 decision in Regents of the University of… [PDF]
(1999). Just the Facts about Sexual Orientation & Youth. A Primer for Principals, Educators and School Personnel. This fact sheet, developed by a group of education, health, mental health, and religious organizations, provides information on the development of sexual orientation in youth and the issues raised by reparative therapy and transformational ministry. Section 1, "Sexual Orientation Development," describes how individuals develop their sexual orientation, focusing on the sexual development of gay, lesbian, and bisexual adolescents. Section 2, "Reparative Therapy," describes reparative therapy (also known as conversion therapy) as psychotherapy aimed at eliminating homosexual desires. It is based on an understanding of homosexuality that has been rejected by all of the major health and mental health professions. Section 3, "Transformational Ministries," describes transformational ministry as the use of religion to eliminate homosexual desires. This section notes that this view of homosexuality as outside of God's will is not representative of the views of… [PDF]
(1973). On Black Intelligence. Journal of Black Studies, 4, 1, 29-40, Sep 73. Argues that from a black perspective, the real concern is not merely that of defining intelligence, about which there is lacking a consensus among psychologists, but one which challenges the basic scientific considerations of validity, reliability, and standardization of intelligence tests. (Author/JM)…
(1973). The NEA Testing Moratorium. Journal of School Psychology, 11, 4, 304-306, 73. This article describes the events leading to the National Education Association policy statement that encouraged the elimination of group standardized intelligence aptitude, and achievement tests to assess student potential or achievement until completion of a critical appraisal, review, and revision of current testing programs. The NEA also created a task force to provide initial proposals and recommendations. (Author/LA)…
(1974). Sex Discrimination and Geography: The Case of Ellen Churchill Semple. Professional Geographer, 26, 1, 8-11, Feb 74. The author discusses the status of female geographers, citing cases of discrimination, Ellen Churchill Semple's in particular, and suggests appropriate channels for action. (JH)…
(1974). Racial Segregation in the Public Schools. American Journal of Sociology, 79, 4, 888-905, Jan 74. This paper presents data on racial segregation in public elementary schools in 60 cities for the 1967-68 year. As of fall 1967 few large school systems had been compelled by law to desegregate. These data represent the best available baseline prior to the major desegration efforts and controversies of recent years. (Author/RM)…