(1977). Children's Intellectual Rights. Interchange, 8, 1-2, 109-18, 77-78. The author examines the question of children's intellectual rights in two ways: first, how the question of rights in general arises, and, second, the rights implied in two educational contexts–testing and classroom lessons. (MJB)…
(1978). ASCA Position Statement: Student Rights: A Right to Due Process. School Counselor, 25, 5, 335, May 78. Presents the American School Counselor Association position statement on student rights by declaring its support of \the rights of all students to be guaranteed the protections of due process as provided by the United States Constitution.\ The role of the counselor is also discussed. (Author/HLM)…
(1986). Fraser, Hazelwood Decisions: One Negative, One Positive. Communication: Journalism Education Today (C:JET), v20 n1 p14-15 Fall. Discusses the federal court cases of \Bethel School District v. Fraser\ and \Kuhlmeier v. Hazelwood School District,\ which resulted in one win and one loss for freedom of student expression. (SRT)…
(1985). Children's Rights and Responsibilities–A Teaching Unit for the Elementary Grades. Social Education, v49 n6 p500-03 Sep. The 10 principles of the document \The Declaration of the Rights of the Child and the Child's Declaration of Rights and Responsibilities\ are used in this elementary teaching unit. Following each principle, a \right\ and a \responsibility\ are listed. Children discuss the document. Additional activities and resources are also suggested. (RM)…
(1986). Good News: Courts Uphold 'Reasonable' Searches. American School Board Journal, v173 n3 p24 Mar. In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)…
(2005). Procedural Safeguards in Special Education Under IDEA. Montana Office of Public Instruction Parents of a child who may receive special education, have certain rights that are guaranteed by federal law: the Individuals with Disabilities Education Act (IDEA). These rights are listed in this brochure and include parental rights to participate in meetings dealing with the identification, evaluation, and educational placement of your child and the provision of a free appropriate public education to your child. One of these parental rights is to be informed of all the rights available to you in writing, in your native language (unless it is clearly not feasible to do so), and at a level understandable to the general public. You are entitled to a copy of these procedural safeguards at least one (1) time per year, and: (1) upon initial referral or parental request for evaluation; (2) upon the initial filing of a complaint; and (3) upon request by a parent. If you would like a full explanation of these rights, please contact your local school district superintendent or director of… [PDF]
(2002). Resurrection of the Eleventh Amendment: Are the Rights of Special Education Students in Jeopardy?. The 11th Amendment, ratified in 1798, has proved itself a great source of discussion, even confusion, among many courts in this country. Historical background on the development of the 11th Amendment and its interpretations in different cases sets the context for the rest of this paper, the theme of which involves state immunity from federal suits. Although language of the amendment preserves the sovereign immunity of the states, it is settled that this protection extends also to state agents, state instrumentalities, and regents. This extension does not, however, reach to counties and municipalities. Consequently, there are some county school districts that do not enjoy such immunity from federal suits. It remains to be seen how this split plays out in the area of lawsuits brought for alleged violations of federal law governing special education and disabled students. In the area of rights of students with disabilities, as with other federal laws, it remains to be seen whether a…
(2001). What Schools Need To Know: LGBT Students and the Law. This document examines legal issues regarding the education and rights of lesbian, gay, bisexual, and transgender (LGBT) students and the responsibilities of school personnel to protect them. Part 1, "Issues of Freedom," discusses whether students have the right to form LGBT student groups, to express their points of view on LGBT issues, to post relevant information on student bulletin boards, to access LGBT information in school libraries, to raise LGBT issues relevant to classroom discussions, and to take same-gender dates to school functions. Part 2, "Issues of Equality and Safety," discusses whether the Equal Protection clause of the 14th Amendment protects LGBT students from harassment, how the law defines sexual discrimination and harassment, types of conduct considered sexual harassment, whether schools are liable for peer sexual harassment of LGBT students at school, whether school personnel must report abuse or neglect of LGBT students at home, and… [PDF]
(1976). Employment Discrimination: Statute of Limitations Under Section 1981 Not Tolled by Filing of Charges with EEOC Under Title VII. Wisconsin Law Review, 1, 288-305, 76. In Johnson v. Railway Express Agency, Inc., the Supreme Court considered Willie Johnson's complaint of racial discrimination with respect to seniority and job assignments. The author suggests that the Court avoided constructive consideration and application of federal policies to combat employment discrimination. (LBH)…
(1989). La Maison Paternelle: 'A College of Repression' for Wayward Bourgeois Adolescents in Nineteenth and Early Twentieth Century France. History of Education, v18 n1 p47-55 Mar. Describes the Maison Paternelle de St Antoine near Tours, France, which operated as a private institution for the correction of recalcitrant bourgeois adolescents from 1855 until 1909. Cites the suicide of an inmate as the factor which led to the closing of this facility and the focusing of attention in France on the rights of children. (KO)…
(1995). Meeting the Educational Needs of the Gifted: A Legal Imperative. Roeper Review, v17 n4 p224-28 May-Jun. Developments at the federal level affecting the legal and educational rights of gifted students are briefly examined, along with evidence supporting the need to establish special programs that are mandated and for which state schools are accountable. Eight challenges are presented and accompanied by recommendations regarding education for children who are gifted. (Author/SW)…
(2004). Student Rights, Safety, and Codes of Conduct. New Directions for Community Colleges, n125 p5-15. Community college students, like students in all of higher education, find their relationship with the college defined by contract. However, this contract is shaped and influenced by rights granted under state and federal constitutions and statutes. Knowing what these rights are can assist college officials in avoiding unnecessary litigation…. [Direct]
(2008). "Griggs v. Duke Power": Implications for College Credentialing. John William Pope Center for Higher Education Policy (NJ1) This paper is about a court case decided by the U. S. Supreme Court in 1971. Although attorneys recognize that the case is important to businesses, its impact on colleges and universities has been explored by only a few. As this paper will show, "Griggs v. Duke Power" may have enormously boosted the number of students in college and may have increased the differential in income between high school and college graduates. It may have led to higher tuition, without providing commensurate additional value. This paper will describe "Griggs," the environment from which it emerged, and the subsequent judicial and political activity that created such great constraints on testing. It will discuss testing today and then provide economic information suggesting the magnitude of the changes that "Griggs" may have instigated. This paper suggests that additional scholarly work on the impact of "Griggs" on higher education is appropriate. (Contains 2 figures… [PDF]
(2008). Seamless Transition and Long-Term Support for Individuals with Severe Intellectual Disabilities. Research and Practice for Persons with Severe Disabilities (RPSD), v33 n3 p85-95 Fall. The amendments to the Individuals with Disabilities Education Improvement Act (IDEIA) in 2004 reiterate the significance of producing real postsecondary education, employment, and independent living outcomes. However, current employment data continue to show widespread unemployment and very limited access to inclusive community environments and services for adults with severe intellectual disabilities. On the contrary, data from the Transition Service Integration Model (N. J. Certo et al., 2003) demonstrate that these recalcitrant problems could be attenuated if two changes are implemented: the transition from school to adulthood components of IDEIA be strengthened to explicitly authorize school districts to subcontract with appropriate private agencies at the point of transition to produce direct-hire, individualized employment and adult living outcomes and that the federal government amend the Developmental Disabilities Assistance and Bill of Rights Act to provide an entitlement to… [Direct]
(2008). Post-Mao China: Educational Services for Exceptional Individuals. Journal of the International Association of Special Education, v9 n1 p38-50. When William Moore, a Scottish Presbyterian pastor, established the first special school in China in 1874, the country began her long and circuitous journey toward establishing formal educational services for individuals with special needs. Special education in China developed slowly on the infertile soil of continual wars, political instability, and adverse economic conditions for about three quarters of a century. These services are now developing more rapidly in concert with economic reforms and the Open Door Policy initiated in 1978. Legislative and policy changes initiated by the central government have encouraged increasing numbers of exceptional students to enroll in elementary and secondary schools, with similar outcomes occurring in vocational education and higher education. Although recent achievements in providing educational services to exceptional individuals have been positive, further development of special education in China warrants systematic efforts in improving… [Direct]