(2006). Using Seclusion Timeout and Physical Restraint: An Analysis of State Policy, Research, and the Law. Journal of Special Education Leadership, v19 n2 p13-29 Nov. Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite controversial. Typically, professionals who use these procedures assert that they are sometimes needed to safely manage dangerous student behaviors. On the other hand, many opponents of the procedures argue that seclusion timeout and physical restraint are used far too often in public school settings; they contend these interventions have no place in schools. Specifically, opponents argue that seclusion timeout unnecessarily removes students from the classroom and denies them a fundamental right to an education, and physical restraint may lead to serious student injuries when used inappropriately. This difference in opinion has resulted in a… [Direct]
(2006). The Right to Education in a Globalized World. Journal of Studies in International Education, v10 n1 p5-26. This article explores the fundamental issues related to education as a human right, particularly in the context of rapid globalization. The 1948 Universal Declaration of Human Rights, the United Nations' 1959 Convention on the Rights of the Child, and the UN International Covenant on Economic, Social, and Cultural Rights all declare education to be a fundamental human right. Further discussion has continued at the Education for All conferences held in Thailand in 1990 and Senegal in 2000 as well as in the International Commission on Education for the 21st Century's report to the UN Educational, Scientific, and Cultural Organization. However, there is no consistent definition of what amounts, qualities, forms, and content of education meet the minimum requirements to fulfill that right. In a globalized world, this issue becomes even more complex. Questions arise as to who should provide education, for whom, how, with what content, and under what conditions…. [Direct]
(2006). Are We Collectively Guilty of Complacency? An Update on the Continued Confusion over What Is Academic Freedom and What May Become a Battle for Academic Freedom. Education and the Law, v18 n2-3 p207-215 Jun. Academic freedom has, since 2004, increasingly made the headlines of the higher education papers and journals in the United Kingdom. New legislation has added to the confusion in terms of what law applies and what might apply. This article provides an updated analysis of this confused area. (Contains 14 notes.)… [Direct]
(1995). Voices of Freedom: America Speaks Out on the ADA. A Report to the President and Congress. This report examines the implementation of the Americans with Disabilities Act (ADA) during the 5 years since its passage in 1990. An introductory chapter considers the overall importance of the Act; the continuing interest of the National Council on Disability (NCD) in the ADA; and the visits of NCD representatives to each of the 50 states, the District of Columbia, and the Virgin Islands to conduct town meetings of consumers and those involved in ADA implementation. Major findings are reported in terms of the ADA's effect on: (1) greater access to the physical environment; (2) increased access to employment opportunities; (3) easier communication and mobility; (4) modest implementation costs (despite exaggerated predictions); (5) strengthening of the roles and self-images of Americans with disabilities; and (6) creation of positive changes in American culture. The overall finding is that the law has begun to move the country toward becoming a society in which all Americans,… [PDF]
(1993). Freedom of Religion: A Time for Justice. Second Special Edition. NARF Legal Review, v18 n2 Sum. This special theme issue outlines the history of discrimination against traditional Native American religions, including recent Supreme Court decisions. "Discrimination and Native American Religious Rights," by Senator Daniel K. Inouye, discusses the compelling government interest in eradicating discrimination and describes two Supreme Court decisions denying constitutional protection of tribal sacred sites and the practices of minority religions. "The Repression of Indian Religious Freedom," by Patricia Nelson Limerick, examines the history of federal policies suppressing Indian religious liberty. Public policy long assumed that the "civilization" of the Indians and their conversion to Christianity were inseparable. During the 19th century, a missionary movement swept through the United States, and federal funds for Indian education provided partial support for missionary schools. The question of religious liberty was viewed as a matter among Christian… [PDF]
(1987). The American Public's Knowledge of the U.S. Constitution: A National Survey of Public Awareness and Personal Opinion. A Hearst Report. The goal of the Hearst survey was to measure the public's knowledge of the U.S. Constitution. This report is divided into three sections: (1) a report on the survey in the form of an address to the National Conference of Bar Presidents; (2) the survey findings; and (3) the survey methodology. The survey itself, in which 1,004 respondents were interviewed by telephone, contains four parts. The first group of questions, found in part 1, was designed to determine the public's understanding of the Constitution's origin. Only 54 percent knew the purpose of the original U.S. Constitution was to create a federal government and define its powers. Twenty-six percent believed the document's purpose was to declare independence from England. Only 40 percent knew the Bill of Rights is comprised of the first 10 amendments to the original Constitution. Part 2 of the survey explores the U.S. public's knowledge of the presidency and the Supreme Court. The public tends to overestimate the domestic…
(1974). How to Protect Your Rights in Television and Radio. To help citizens and citizen groups who are trying to make television and radio more responsive to public needs, tastes, and desires, a handbook sponsored by the United Church of Christ spells out government regulatory policies and the public role in them. Sections describe the various roles of the Federal Communications Commission, Congress, the White House, and the Courts and outline the broadcaster's responsibilities and his legally-mandated relationship with the public. Citizens are told how to start a public-interest group and how to intervene in license-renewal proceedings. FCC-required program reports and forms are explained and summarized, both for commercial broadcasting and educational stations. Appendixes include a bibliography of FCC policies, a list of organizations offering assistance to citizen groups, a state-by-state listing of license-renewal dates, and the text of an agreement between a citizens' group and a Dallas broadcasting station. Samples of a renewal…
(1976). Rights to Equality for Disabled Persons under Federal and State Law. Rehabilitation Counseling Bulletin, 19, 4, 597-605, Jun 76. Legislation has mandated equal opportunity in American society for persons with handicaps, creating mechanisms for ending discrimination against them. Access to education, employment, public transportation vehicles and other facilities, and community living situations is specifically guaranteed in federal legislation. State statutes and municipal ordinances have buttressed the federally protected rights. (Author)…
(1992). A Criminal Case in the Chinese Courts. Update on Law-Related Education, v16 n3 p21-27 Fall. Describes a criminal case decided in the People's Republic of China in March 1991. Discusses the development of the modern Chinese legal system. Compares criminal law in China and the United States. (CFR)…
(1992). Student Access: A Resource Guide for Educators. Section 504 of the Rehabilitation Act of 1973. This collection of information pieces is intended to help school personnel make better decisions regarding compliance with, first, Section 504 of the Rehabilitation Act of 1973 which prohibits discrimination against persons with disabilities and, second, with the Individuals with Disabilities Education Act (IDEA). It is stressed that some students may have physical or mental conditions which entitle them to rights or protection under Section 504 even though they do not fall into IDEA categories. The collection includes: an IDEA/504 flow chart; a chart showing distinctions between 504 and IDEA eligible students; and a table comparing IDEA and Section 504. Most of the document consists of appended material covering: definitions under Section 504; discrimination under Section 504; Sample local school districts policy statements on Section 504 policy; a list of procedural safeguards/parent rights; a Section 504 Policy/Procedures Checklist; guidelines for parent/student rights in… [PDF]
(2002). Balancing Rights: Education Law in a Brave New World. Papers [of the] Education Law Association (ELA) Annual Conference (48th, New Orleans, LA, November 14-16, 2002). This collection contains 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It has as its focus education law, yet it covers a wide variety of topics and issues affecting the entire range of education from preschool to college. Among the topics are the following: school vouchers; school safety and security; educational financing; accountability and educational malpractice; assessments and high-stakes testing; teachers rights and responsibilities; school desegregation; special education; equal protection under the Constitution; employee rights; school dress codes and uniform policies; performance pay for superintendents; charter schools; academic freedom; technology in education; students rights; freedom of speech; the teaching of law; and sexual misconduct. (Contains an author index.) (WFA)…
(1992). Children's Rights. Social Education, v56 n4 p201-02 Apr-May. Provides a sampling of citations in the ERIC database on children's rights. Includes human rights education, United Nations' conventions, state takeovers of local school districts, and federal law as it affects student rights. Covers child abuse, corporal punishment, child welfare, and child advocacy. (DK)…
(2007). Dynamic Contexts in the Education of Multicultural Students with Disabilities in the Urban School Environment. Multicultural Learning and Teaching, v2 n1 p1-9 Jan. The challenges in improving and sustaining success of children from multicultural backgrounds with disabilities in urban school districts manifest themselves in the contextual dynamics of legal, accountability, demographic, and fiscal terrains. Within each of these areas, educational leaders must solve existing problems of underservicing, overidentifying, inadequately funding, and unnecessarily placing multicultural students in restrictive special education placements. In this article, we focus on these terrains…. [Direct]
(2007). The Last Freedom: Religion from the Public School to the Public Square. Princeton University Press The presidency of George W. Bush has polarized the church-state debate as never before. The Far Right has been emboldened to use religion to govern, while the Far Left has redoubled its efforts to evict religion from public life entirely. Fewer people on the Right seem to respect the church-state separation, and fewer people on the Left seem to respect religion itself–still less its free exercise in any situation that is not absolutely private. In "The Last Freedom," Joseph Viteritti argues that there is a basic tension between religion and democracy because religion often rejects compromise as a matter of principle while democracy requires compromise to thrive. In this readable, original, and provocative book, Viteritti argues that Americans must guard against debasing politics with either antireligious bigotry or religious zealotry. Drawing on politics, history, and law, he defines a new approach to the church-state question that protects the religious and the secular… [Direct]
(2007). Due Process and Teacher/Administrator Responsibilities in the United States. College Teaching Methods & Styles Journal, v3 n4 p55-60. This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school districts, which ignore the fact that they are acting in place of students' parents and cannot overstep their bounds. The author stressed the fact that it is up to school officials to educate themselves as to their legal responsibilities. The study covered key issues including due process, suspension and expulsion, student searches, and sexual harassment. Case studies were cited and suggestions for litigation avoidance offered…. [Direct]