(1976). Guest Editorial: Black Colleges–Bicentennial Offers Little Hope. Journal of Negro Education, 45, 3, 219-224, Sum 76. Argues that as the black college enters the third century, like black people, it must face several critical issues. First, Federal legislation has failed in the past to make the dream for equal opportunity a reality. Second, the resolution of many deeply rooted social problems both in and out of education is distant. And third, racism is still prevalent in the minds of legislators and regents. (Author/JM)…
(1976). After Albemarle: Class-wide Recovery of Back Pay Under Title VII. Fordham Urban Law Journal, 4, 369-83, 76. The back pay award has become a formidable weapon in the hands of employee plaintiffs since the Albemarle Paper Co. v. Moody decision. Recent case law developments are reviewed and their implications for both employers and unions discussed. (LBH)…
(1976). Application of Equal Employment Laws to Higher Education. Journal of the College and University Personnel Association, 27, 2, 23-7, Apr-May 76. The philosophical challenge posed by segments of the higher education community regarding equal pay and affirmative action is addressed by the U.S. Department of Labor solicitor. (LBH)…
(2005). Beyond Subgroup Reporting: English Language Learners with Disabilities in 2002-2003 Online State Assessment Reports. ELLs with Disabilities Report 10. National Center on Educational Outcomes Although No Child Left Behind legislation does not require states to report enrollment, participation and performance data for English language learners (ELLs) with disabilities either online or in print-based reports, there is increasing interest in the academic success of this subgroup of students, estimated at about 357,325 nationwide (Zehler, Fleischman, Hopstock, Pendzick, & Stephenson, 2003). This interest is heightened by the fact that the current context of grade level standards-based reform has prioritized the educational success for all students, including those with limited English proficiency who also have disabilities. As the consequences associated with assessments increase and as the number of students who are English language learners with disabilities increase, it is likely that states will determine that it is important not only to keep track of their assessment data but also to publicly report those data. The purpose of this report is to examine the extent to which… [PDF] [Direct]
(2003). Education for Democracy. Albert Shanker Institute More than 15 years have passed since publication of "Education for Democracy: A Statement of Principles", in which perspective and encouragement were offered to teachers and schools to instill in students an attachment to democratic values and institutions. In the wake of the attacks of September 11, 2001, this call is being renewed. Citing lack of knowledge of our past as Americans, deteriorating attitudes toward political involvement, and general moral confusion, the 145 signatories of this document note that individuals are not born democrats, but that students must be prepared to understand and value the heritage of a democratic tradition. Four essentials are proposed for schools and discussed: (1) Robust history/social studies curricula, starting in the elementary years and continuing though every year of schooling; (2) Full and honest teaching of the American story; (3) Unvarnished accounts of what life has been and is like in nondemocratic societies; and (4)… [PDF]
(2003). Brief of the American Educational Research Association, the Association of American Colleges and Universities, and the American Association for Higher Education as Amici Curiae in Support of Respondents. In the Supreme Court of the United States, Barbara Grutter, Petitioner, v. Lee Bollinger, et al., Respondents on Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. This legal document asserts that the judgment of the Court of Appeals upholding the constitutionality of the University of Michigan Law School's race-conscious admissions policy should be affirmed. It argues that research evidence in the record supports the compelling interest in promoting educational diversity (the Gurin Report supports the compelling interest in promoting educational diversity, and the "strong basis in evidence" requirement is not mandated for non-remedial university admissions). It also argues that research studies support the Law School's compelling interest in promoting educational diversity (student body diversity improves education outcomes in legal education, and student body diversity and diverse learning environments challenge racial stereotyping in education). Finally, it asserts that the Law School's admissions policy is narrowly tailored to promote educational diversity (the Law School's admissions policy employs race modestly and flexibly,… [PDF]
(2000). Court Documents Related to Martin Luther King, Jr., and Memphis Sanitation Workers. The Constitution Community: Postwar United States (1945 to Early 1970s). During inclement weather in Memphis, Tennessee in February 1968, two separate incidents caused black sanitation workers to strike for job safety, better wages and benefits, and union recognition. Mayor Henry Loeb was unsympathetic and opposed to the union. Martin Luther King agreed to lend his support to the sanitation workers and spoke at a rally in Memphis on March 18, 1968. He promised to lead the large march and work stoppage planned for later in the month. Unfortunately, violent disturbances at the march prompted the city of Memphis to bring a formal complaint in the District Court against King and his associates in the Southern Christian Leadership Conference. This lesson relates to two clauses in the First Amendment in the Bill of Rights, which ensure individuals the right to assemble peaceably and to petition the government for the redress of grievances. As primary source documents, the lesson presents Defendants' exhibits 1 and 2 in "City of Memphis v. Martin Luther… [PDF]
(1997). Student-to-Student Sexual Harassment in Schools: Old Myths, New Realities. A Legal Memorandum, Sep. For many students in the 1990s, school is no longer a safe environment in which they feel free to learn. This brief is intended to dispel myths about peer sexual harassment and clarify the new realities of the phenomenon in schools. The brief also conveys the message that school administrators have a duty to foster a school environment based on mutual respect and to adopt a \no tolerance\ policy toward harassment, sexual or otherwise. The brief outlines steps for recognizing peer sexual harassment (by deconstructing nine myths and explaining conditions under which schools will be held liable); preventing peer sexual harassment (by developing a comprehensive school policy); and enforcing the rules (by setting out the components of a model policy–investigation, documentation, and followup). (Contains 58 endnotes.) (LMI)…
(1996). Curriculum Project: Outline for a Slide Illustrated Lecture on Education Reform in South Africa. Fulbright-Hays Summer Seminar Abroad 1996 (South Africa). This project attempts to identify the major problems underlying education reform in South Africa and compares them with similar challenges facing the District of Columbia public education system. Narration for the slide program is based on interviews, formal and informal meetings, lectures, and briefings. Slides of various schools and communities provide additional insights into the organization, inhabitants, and functions of specific environments and populations. The paper provides a geographic overview, a historic overview, and an examination of apartheid conditions; it also examines current challenges in politics, economics, health, and education. (EH)… [PDF]
(1994). Workplace Accommodations for Persons with Musculoskeletal Disorders. Implementing the Americans with Disabilities Act Series. This brief paper summarizes requirements of the Americans with Disabilities Act (ADA) of 1990 related to workplace accommodations for persons with musculo-skeletal disorders. The following topics are addressed: (1) the relevance of the ADA to people with musculo-skeletal disorders; (2) employment provisions of the ADA to protect individuals with such disabilities during the job application process (including prohibition of questions regarding an applicant's medical history); (3) what is meant by "reasonable accommodation" under the law; (4) examples of accommodations for people with musculo-skeletal disorders, including engineering and administrative accommodations; (5) relevance of the law to employees returning to work after a workers' compensation situation; (6) ways to maximize the employee's potential for success; and (7) long-term financial and other advantages to the employer of compliance with the ADA. A listing of eight resources is provided. (DB)… [PDF]
(1994). Working Effectively with Employees Who Have Sustained a Brain Injury. 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 have a brain injury. The following topics are addressed: what is meant by a brain injury; implications of the ADA for individuals who have sustained a brain injury (such as the importance of identifying essential job functions); possible accommodations for an applicant or employee who has sustained a brain injury; and tips for on-the-job training. Accommodations are suggested for the employee selection process and for enhancing productivity on the job. In selecting an accommodation the importance of individualization is stressed, since support needs of such individuals may vary widely. A listing of seven resources is provided. (DB)… [PDF]
(1995). La Igualdad de Genero para Educadores, Padres, y la Comunidad (Gender Equity for Educators, Parents, and the Community). Equity in Education Series. Classification of people according to gender begins in infancy. This booklet aims to remove some old ways of thinking that limit expectations for girls and boys. It also clarifies for educators, parents, and the community specific elements of the federal legislation called Title IX. Title IX of the Education Amendments of 1972 was the first comprehensive federal law that prohibits discrimination based on the sex of students and employees of educational institutions. Not only does it make it illegal to treat men and women differently, but it requires school districts to remedy the effects of past discrimination. The booklet reviews the requirements and effects of Title IX in the following chapters: (1) "Introduccion" [Introduction]; (2) "Que Es el Titulo IX?" [What Is Title IX?>; (3) "La Igualdad de Genero y las Expectativas" [Gender Equity and Expectations]; (4) "Fomentar la Igualdad de Genero: El Papel de Administradores, Maestros, y Padres"… [PDF]
(1998). Academic Freedom on Trial: 100 Years of Sifting and Winnowing at the University of Wisconsin-Madison. The 29 papers in this collection celebrate academic freedom at the University of Wisconsin-Madison and are organized around the 1894 "trial" of Richard T. Ely, an economist who was exonerated of fomenting unrest and discussing "dangerous" ideas in a Board of Regents Statement which stressed the importance of "sifting and winnowing" ideas to determine the truth. The papers are: "Sifting and Winnowing: The Historical Context" (John D. Buenker); "An Aristocrat on Trial: The Case of Richard T. Ely" (Theron F. Schlabach); "Sifting and Winnowing: A Chapter in the History of Academic Freedom at the University of Wisconsin" (Theodore Herfurth); "Now You See It, Now You Don't: The Plaque Disappears" (Arthur Hove); "'That Little Pill': Richard T. Ely and the Emerging Parameters of Professional Propriety" (Benjamin G. Rader); "The First Economist at Wisconsin, 1892-1925" (Robert J. Lampman, David B….
(2002). Exclusion and Inclusion in the South with Special Reference to South Africa. This working paper examines whether the concept of social exclusion, including educational exclusion, adds values to the understanding of poverty. It focuses on educational exclusion and inclusion in South Africa. The paper states that the issues are complex and that educational inclusion requires careful consideration of every aspect of schooling and societal context. Innovative approaches to educational inclusion will need to address issues at macro, micro, personal, and interpersonal levels. Connections between school and community cultures have to be drawn, as well as connections between educational and community programs of inclusion. The concepts of inclusion and exclusion press for much closer conscious and self-conscious consideration of identity and role: who is doing the excluding and including; who is choosing the excluding and including; how these processes of inclusion and exclusion are facilitated; and what are the dominant views and relations of social, economic, and… [PDF]
(1999). The M'Clintock House: A Home to the Women's Rights Movement. Teaching with Historic Places. This lesson is based on the National Register of Historic Places registration file "Women's Rights Historic Site Thematic Resources" and other sources on the M'Clintock House and women's rights. The lesson is about a house located at 14 East Williams Street in Waterloo, New York, where on July 16, 1848, five women, including Elizabeth Cady Stanton and Lucretia Mott, met to draft a document that outlined their views on and complaints about the role of women in society. This lesson may be used in teaching units on 19th-century social reform or women's history. The lesson is divided into the following sections: (1) "Setting the Stage: Historical Context"; (2) "Locating the Site: Maps" (Western New York State and Surrounding Region, Waterloo and Seneca Falls); (3) "Determining the Facts: Readings" (The M'Clintock Family, American Women in the Mid-19th Century, Declaration of Sentiments; The Life of Elizabeth M'Clintock); (4) "Visual… [PDF]