(1988). Eliminating Corporal Punishment in Schools: Moving from Advocacy Research to Policy Implementation. Children's Legal Rights Journal, v9 n33 p14-20 Spr. This paper analyzes data on anti-corporal punishment advocacy and the data's use in judicial, legislative, and public areas. The paper defines corporal punishment and discusses seminal court cases, personal effects of corporal punishment, developmental factors, demographic factors, litigation, use of tort remedies, and the concept of Educator Induced Post-traumatic Stress Disorder. (JDD)…
(2002). The Balance between Student Drug Testing and Fourth Amendment Rights in Response to Board of Education v. Earls. This report–part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002– discusses student drug testing in Texas public schools. It contains the results of a 2001 study of student drug-testing policies in all 1,056 Texas public-school districts. In response to the Supreme Court's June 2002 decision in "Board of Education v. Earls," a followup study was conducted of responding districts to see if they planned to change their policy in light of the Court's new ruling. ("Board of Education v. Earls" upheld the school district's policy of random suspicionless drug testing of all students who participated in any extracurricular activities and stated that a demonstrated drug-abuse problem is not necessary for a drug-testing regime.) Data for the original study and followup study were gathered through surveys. The principal finding is that Texas school districts are expanding student drug testing. (Detailed…
(2002). School Law and the Public Schools: A Practical Guide for Educational Leaders. Second Edition. The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no legal background. Selected court cases address issues most relevant to education. It includes recent landmark court decisions in areas such as religion, student rights, student and faculty disabilities, and classroom harassment. School violence is discussed comprehensively. The book begins with an index of major legal issues related to relevant issues, allowing the reader to ascertain the legal sources of authority related to those particular topics. Educational leaders are provided with pertinent information to direct their day-to-day decisions. The primary focus is not on state law since this varies from state to state. Appendices include… [PDF]
(1997). School Safety and the Legal Rights of Students. ERIC/CUE Digest, Number 121. This digest presents a brief review of recent Fourth Amendment decisions that affect the rights of students and the parameters of schools' authority to maintain a crime-free environment. Although Federal decisions apply nationwide and do mark the boundaries of permissible state and local action, state and local laws and regulations must always be considered in discussions of student rights. Over several decades, court cases have suggested that the balance between students' rights and school safety procedures is tilting towards the rights of school authorities to isolate and reduce perceived causes of school violence. Case law on searches of students, for example, supports school searches of students and their property when the search is reasonable in its inception and in its scope. In the area of drug testing, the U.S. Supreme Court has also supported educators' efforts to maintain perceived school order and discipline. With respect to students' rights in school, the current… [PDF]
(1998). Rapid Educational Response in Complex Emergencies: A Discussion Document. On-going political and economic instability impede access to regular education for large numbers of war-affected children and young adults. This brochure represents an effort to consolidate a systematic response to the special needs of children from the outset of the crisis until they can attend regular basic education. Attempts are made to ensure that at least minimum teaching standards have been met. The document is organized into four parts. Part one summarizes the basic policy instruments that advocate education as a child's right. Part two analyses and illustrates the different phases of emergency response using recent examples of humanitarian educational interventions, including displaced, refugee, and returnee situations. Examples of actual field experiences are included. Further information and readings are suggested in footnotes. Part three shows how the basic core of non-formal education may be expanded to cover threats facing populations every day. Part four presents… [PDF]
(1994). Will Dress Codes Save the Schools? Teaching Strategy. Update on Law-Related Education, v18 n2 p9-13 Spr. Discusses issues related to dress codes, student behavior, and youth gangs. Presents a role-playing activity based on a proposed dress code aimed at gang-related clothing in a secondary school. Includes two student handouts and step-by-step instructional procedures. (CFR)…
(2004). Including Children with Disabilities. Prospects: Quarterly Review of Comparative Education, v34 n4 p385-396 Dec. The inclusion of disabled children in their local schools and communities is part of the universal struggle of disabled people to claim their basic human rights to equality and participation, and to insist on the necessary changes in society and its institutions to make this possible. Although this movement is still in its infancy, reports from around the world suggest that it is gaining momentum. Each year, more children who would previously have been segregated or denied education altogether are going to their local school and being accepted as members of their local communities. In this article, the author presents some of the strengths of the movement in favour of the inclusion of disabled children, as well as obstacles to inclusion. He also discusses the achievements in the field of inclusive education. He states that a major challenge for the future is to develop a framework within which not only the UN agencies, but also their national ministerial counterparts, can pool their… [Direct]
(1987). Law Related Education Curriculum. Law related education learning modules and lesson plans are presented in this curriculum guide, which is designed to meet three broad goals: (1) to encourage good citizenship and respect for the law by teaching students how to effectively function within the law and to demonstrate and value lawful conduct; (2) to promote a better understanding for the law and the legal system; and (3) to identify and explain those areas of the law that affect the lives of Navajo students living in the "checkerboard" area of the Navajo Reservation. The 32 detailed lesson plans are organized into six chapters dealing with introduction to law, consumer law, individual rights, family law, student and school law, and criminal law. Each lesson begins with objectives for the learner, an opening question that introduces the topic of the lesson, background information for the teacher, suggested methods and materials, and a list of activities for extending the lesson. Topics of individual lessons… [PDF]
(1985). Special Education in New Mexico: A Guide for Parents and Advocates. Revised. The manual's purpose is to serve as a tool to help parents and advocates to secure an appropriate education for handicapped children in New Mexico. Provisions of the federal and New Mexico laws and regulations which protect the rights of handicapped children are described. Funding for special education is explained, focusing on the state funding formula, the levels of special education programs, funding of ancillary services, and federal funding. Identification, referral, and evaluation procedures are discussed, with guidelines on parents' rights during this process. The functions of the Educational Appraisal and Review Committee, which determines eligibility, places, and develops services for handicapped children, are explored. Also discussed is the school's effort to provide continuity or necessary change in the child's program through annual review of the Individualized Education Program and comprehensive re-evaluations every 3 years. Parents' rights concerning access to school… [PDF]
(1995). Beyond the Myths about Disabilities and Risks. This booklet presents risk management strategies for organizations employing people with disabilities. First, the booklet contrasts common beliefs (such as that disabilities are obvious) with actual facts and their implications for risk management. It then discusses several risk management related exceptions in the Americans with Disabilities Act (ADA), such as the permitted exclusion of an individual if the placement would create a "direct threat" to health or safety, and reviews the ADA's relationship to public health and safety laws. General risk management strategies are identified, including the importance of careful job analysis and position descriptions prior to selecting an individual, provision of necessary training to reduce hazards, emergency preparedness, and community relations. Suggestions are offered for the following specific disabilities: mobility and other physical impairments, visual impairments, hearing impairments, cognitive impairments, and… [PDF]
(1996). Genetic Issues in Mental Retardation, 1996-1997. Genetic Issues in Mental Retardation, v1-2 1996-1997. This document consists of the first six issues of a newsletter, which discusses current knowledge about and concerns related to genetics and mental retardation. The second issue addresses the problem of genetic discrimination. The third issue considers genetic testing, screening, and counseling. The fourth issue addresses genetic privacy issues. The fifth issue discusses Fragile X syndrome. The sixth issue discusses genetherapy and mental retardation. (DB)…
(1999). The Law of Student Expulsions and Suspensions. Second Edition. Monograph Series, No. 62. In 1975, the Supreme Court decision in "Goss versus Lopez" established the foundation of procedural law in student suspensions. This text focuses on procedural aspects of the expulsion and suspension of students. It is devoted to the elementary and secondary public-school settings involving regular-education students. It describes how the constitutional basis for due process for students can be traced to the 14th Amendment, which states that a person cannot be deprived of life, liberty, or property without due process. The "Goss" decision established that a student's education is a property interest. The text looks at requirements for giving notice of long-term suspensions and expulsions, the timeliness of hearings, the persons who should receive notice, and location of the student pending the hearing. It outlines what should happen in the formal hearing, issues surrounding self-incrimination and the right to remain silent, the Miranda warning for students,…
(1990). Remarks of Herbert Atherton [to the National Bicentennial Leadership Conference]. The text of a speech made by the Staff Director and Director of Education of the U.S. Bicentennial Commission, the paper presents an overview of the Commission's plans for the 1991 celebration of the Bicentennial of the Bill of Rights. "The Bill of Rights and Beyond," the theme of the celebration, conveys the idea that although the 200th anniversary of the Bill of Rights is the centerpiece of the commemoration, all the rights enjoyed under the U.S. Constitution are to be celebrated as well. The Bicentennial Commission plan for 1991 includes special events, a media campaign, a wide range of publications, two series of regional meetings and conventions, a continuation of on-going programs such as the Discretionary Grant Program, National Bicentennial Competition, Map Contest, and DAR Essay Contest, and new programs such as cosponsorship of 1991 National History Day's competitions on "Rights in History." (DB)… [PDF]
(1992). Getting Serious about Sexual Harassment. ERIC Digest, Number 75. Strategies for dealing effectively with sexual harassment in the educational organization are presented in this document. Identification of the problem is complex, compounded by the context in which it occurs and different male and female perceptions. One starting point for identification is the 1980 federal guidelines passed by the Equal Employment Opportunity Commission (EEOC). Possible effects on an individual experiencing harassment are also described. Implications of some recent legal decisions for schools include the right of victims to sue school districts and colleges and the need to seek policy input from women. Guidelines for adopting a good policy are offered. Steps to prevent sexual harassment, other than through written policies, include developing an organizational climate free from gender inequalities and providing training and education. (11 references) (LMI)… [PDF]
(1975). The Rhetoric of Martin Luther King, Jr.: Letter from Birmingham Jail. Phylon, 36, 4, 411-421, Dec 75. Argues that the success of 'The Letter' can be attributed to the confluence of three distinct rhetorical traits: King's heritage of the highly emotional Negro preaching tradition, his shrewd sense of political timing and polemical skill, and his conscious literary ability, and notes that 'The Letter' is one of the most frequently collected items in college English anthologies. (Author/JM)…