(1983). A Legal and Historical Perspective on Suspension and Its Effect on Inequality in Education. Of the 2 million children suspended from school each year, a disproportionate number are minority youth who, although they make up only 5 percent of the school population, comprise 40 percent of all suspensions and expulsions. The United States Supreme Court has issued several rulings to protect students from arbitrary and capricious imposition of penalties without due process of law. In its landmark ruling in \Goss v Lopez\ (1975) the Court recognized students' rights to notification of charges against them; a hearing; and remaining in school until notification and a hearing, unless their presence was an immediate danger to life or property or was disrupting the educational process. Since then, however, the Court has moved to limit the scope of the Goss decision by creating an academic/disciplinary delineation and by refusing to assume the discretionary powers of school officials. The prospect of the Court providing further leadership to the lower courts at the present time seems…
(1975). Legal Rights and Remedies of High School Dropouts and Potential Dropouts. Urban Disadvantaged Series, No. 44. This paper on the legal rights and remedies of high school dropouts and potential dropouts is a study of the plight of the substantial number of students who drop out of the New York public school system before considering high school graduation. Further, it questions the availability of legal rights to students and parents. Three sections constitute the document: (1) an introduction discussing the nature and magnitude of the problems; (2) an analysis of the manner in which the Board of Education violates New York State laws by failing to provide adequate staff for attendance services, employment certificate procedures, auxiliary schools or dropout referral programs, and suspension and exemption procedures; and (3) an examination of the constitutional right to a suitable education for all educationally deprived students. The latter section is analyzed in terms of a number of recent legal cases concerning handicapped children, non-English speaking students, and State institution… [PDF]
(1972). Students' Rights: A Guide to the Right of Children, Youth and Future Teachers. After a preface in which Judge Robert Landry cites the importance of the Galt Decision, the paper summarizes the rights of students in elementary and secondary schools. This is presented through case histories. The decisions are grouped into the categories of freedom of expression, search and seizure, dress and grooming, invasion of privacy, and discipline. The rights of students in programs of teacher education are then discussed in ten parts: the right of equal opportunity; the right of freedom of assembly and association; the right of petition; the rights of due process and equal protection; the rights of speech and press; the right of freedom of religion; the rights of person, property, and privacy; the right to dissent; the right against self-incrimination; and the right to trial by jury of peers. The final section presents a Bill or Rights for future teachers. Student teachers' and interns' rights are elaborations and extensions of the previous analysis on the rights of… [PDF]
(1985). Constitutional Protections of Teachers and Other Public Employees. School Law Bulletin, v16 n2 p6-12 Spr. Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech–though the privilege is not limitless–and to due process and equal protection under the law. (Author/DCS)…
(2002). Search and Seizure of Students in Public Schools: 2002 Update of Fourth Amendment Cases. This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies keeping schools safe for students. Cases are presented by category: general (21 cases), strip searches (14 cases), mass or random drug testing (13 cases), metal-detector searches (6 cases), random locker searches (3 cases), field-trip searches (4 cases), and other searches conducted without individualized suspicion (6 cases). (RT)…
(1983). Children's Constitutional Rights: Interpretations and Implications. Psychology in the Schools, v20 n2 p175-83 Apr. Discusses a brief historical overview of constitutional law as it applies to children, delineated in the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Emphasizes the need for school psychologists and educators to have an understanding of children's developing legal rights. Specific court cases are cited. (Author/JAC)…
(1982). Children's Rights and Adult Confusions. Public Interest, n69 p83-99 Fall. Examines issues relating to children's legal rights that have developed over the years. Suggests that current confusion about children's rights can be removed by carefully distinguishing between the rights of all persons, including adolescents, and those rights granted to adults to enhance their capacity to exercise concordant responsibilities. (Author/MJL)…
(1995). Censorship becomes Way of Life for High School Journalists. Contemporary Education, v66 n2 p89-91 Win. Censorship has become routine for many student media operations at high schools nationwide, with First Amendment rights of student editors and staff members violated daily. After a brief history of American freedom of the press and censorship, the paper discusses responsibilities of administrators and advisors to student free expression. (SM)…
(1992). Searching Students: An Ethical and Legal Issue for Special Educators. Preventing School Failure, v36 n3 p16-19 Spr. A survey of 238 Kansas principals, which found searching of students (especially of students with disabilities) not uncommon, is reported. Relevant court litigation is briefly reviewed and lawful guidelines concerning \reasonable suspicion\ and \reasonable scope\ are explained. (DB)…
(2004). He Hawa'e Kai Nui a Kau ma Kula. Educational Perspectives, v37 n1 p31-39. This article calls attention to the practices, policies, and procedures at the University of Hawai'i that infringe on the rights of Native Hawaiians to utilize the Hawaiian language in learning and teaching, and in the conduct and dissemination of research. Addressing these infringements, however, appears more easily said than done. The author's introductory paragraph predicts what lies ahead for those working on the revitalization of the Hawaiian language and culture. (Contains 9 footnotes.)… [PDF]
(2006). Theology for Citizenship: How a Catholic College in the Augustinian Tradition Prepares Citizens to Transform Society. Forum on Public Policy Online, v2006 n1 Fall. This article uses Vatican and papal documents to reflect on the distinctive mission of Catholic colleges and universities in light of their responsibility to prepare students for virtuous citizenship in a religiously and ethnically pluralistic society. It also shows how one Catholic college understands its academic community in light of such a mission…. [PDF]
(2006). Transcending the Majority Rights and Minority Protection Dichotomy through Multicultural Reflective Citizenship in the African Great Lakes Region. Intercultural Education, v17 n2 p195-205 May. In this paper, the author examines how colonial racist policies and western-bound post-colonial educational practices have contributed to the recurring ethnic conflicts in the Great Lakes region of Africa. After defining democracy and reflective citizenship within the African context, she discusses how teachers' roles should be redefined and pedagogy revamped within a multicultural perspective in order to prepare students to become reflective citizens who are empowered to reframe interethnic relations in the region beyond the pervasive majority rights and minority protection discourse…. [Direct]
(2006). Establishing the Rhetorical Presidency through Presidential Rhetoric: Theodore Roosevelt and the Brownsville Raid. Quarterly Journal of Speech, v92 n3 p287-309 Aug. Theodore Roosevelt was an important figure in the development of the presidency as a primary and authoritative source for definitions of national identity. Through an analysis of three specific rhetorical moves Roosevelt made in arguments over the \proper\ interpretation of the Brownsville Raid, this essay examines how Roosevelt both justified his dismissal of the soldiers and increased the definitional power of his institution. Brownsville highlights the importance of the presidency's constitutive and rhetorical power, especially as that power pertains to ideologically based definitions of national identity and the role of minorities within that identity, and illuminates the argumentative forms that undergird that constitutive power. (Contains 92 notes.)… [Direct]
(1995). The International Basis for Intercultural Education Including Anti-Racist and Human Rights Education. Many international documents, building on the philosophy and contents of the Universal Declaration of Human Rights of the United Nations, support this declaration's standards and stress teaching and education as effective ways to make these standards reality. The two papers in this document describe and analyze some international documents for their implications for intercultural education. The first paper, "The Legal Character of International Documents on Intercultural Education," by Fons Coomans describes the legal character of international documents on intercultural education and explores whether they have legal standing with governments and their value at grass-roots level for students and teachers. In general terms, these documents are not enforceable against states, but they have great value as yardsticks and guidelines. The second paper, "The Implications of International Documents on Intercultural Education," by Pieter Batelaan, discusses obligations… [PDF]
(1994). Schindler's List: A Viewer's Guide. This guide aids in understanding the film, "Schindlers List," and how to present it for classroom use. The guide contains: (1) an historical overview of Krakow (Poland); (2) guidelines for viewing; (3) preparation for viewing; (4) topics for discussion after viewing; (5) activities after viewing; and (6) classroom enrichment activities (Allan Scholl). Other segments include: (1) "Film the Holocaust" (Judith E. Doneson); (2) "Suggested Films" (Judith E. Doneson); and (3) "Questions Raised by the Holocaust" (Alex Grobman). The reference section includes resources of a general nature, on pre-war Europe, the children of the Holocaust, rescuers and resisters, the Christian response, and films. (EH)… [PDF]