(1989). The Homosexual Educator: Past History/Future Prospects. This paper is a summary of a comprehensive work on the legal, social, educational, and political history of lesbian and gay teachers in U.S. society from colonial times to the present. Case law on homosexual educators is discussed, as are three major political campaigns that sought to prohibit homosexual conduct, activity or advocacy by school employees. Following a previously invisible, often depressing history of homosexual educators, remarkable advances have been made by lesbians and gay men in the past 20 years. Further research and education in this important area of social policy is needed. (DB)…
(1985). The Equality Provisions of the Charter and Educational Policy: Preparations for Implementation. Section 15 of the Canadian Charter of Rights and Freedoms, passed by the government in 1982, has been compared in its guarantees of equal rights to the equal protection clause of the Fourteenth Amendment of the Constitution of the United States. These equality provisions were deferred for a 3-year period so that federal, provincial, and territorial governments could inspect their legislation, consider and consult about the effect of the provisions on their governmental policies and practices, and legislate necessary amendments. This paper identifies and discusses provincial considerations of educational policy and practice in the equality provisions in general and of section 15 in particular. Part 1 reviews the legislative history of section 15. Part 2 discusses various mechanisms employed by different governments for reviewing statutory enactments. Part 3 concludes with reports on what amendments were made and what measures were taken by the different governments and private… [PDF]
(1981). Administrators and the Courts. The Best of ERIC on Educational Management, Number 56. The eleven publications reviewed in this annotated bibliography discuss litigation and legal issues in education, such as administrator discretion in student discipline, the constitutional rights of students and teachers, defamation of character, and the school board's authority to transfer personnel. The literature also examines the issue of proving good faith, the establishment of a legal identity for principals, the necessity for following due process, the limits to an administrator's immunity from liability, and the legal aspects of managing a school's fiscal and physical resources. The authors stress that a thorough knowledge of the legal responsibilities in all areas of school operation is necessary to effective administration. (WD)… [PDF]
(1980). Up From Suffrage: Canada. Influences on the political and economic status of women in Canada between World Wars I and II are discussed, with emphasis on the struggle to enfranchise women on the provincial level, legislative precedents, and the relationship between educational achievement and economic opportunity. Data are derived from historical accounts; trade union annals; government decrees such as the War Time Elections Act (1917), the Military Voters Act (1917), and the Women's Minimum Wage Act (1935); records from activist organizations such as the Women's Christian Temperance Union, the National Council of Women, the League for Women's Rights, and the Association of Women Property Owners; the Department of Labor; national and provincial records of women in public office; and court cases, including the "persons" case–a 1916 reversal of a British Common Law decision in 1876 that women were "persons in matters of pains and penalties but not in matters of rights or privileges."…
(1968). Rich Schools, Poor Schools: The Promise of Equal Educational Opportunity. The argument of this book is that differences in educational opportunity are largely due to the wealth of the tax base in the local community, that the quality of a child's educational opportunity is related to the particular community in which his parents' economic capacity enables him to reside. It is argued that such economic differences deny the citizens of a state the equal protection of the laws in violation of the Fourteenth Amendment and that the Equal Protection clause can be used to compel the states to provide equal educational opportunities. It is suggested that Supreme Court cases dealing with "equality"–school desegregation, reapportionment, and indigent defendent cases–can be used as precedents to challenge inequality in education. These issues are examined in separate chapters in the book. (KG)…
(2007). Racial Integration in the USA and South Africa: Lessons in a Comparative Perspective. International Journal of Inclusive Education, v11 n2 p177-197 Mar. The year 2004 marked the 50th anniversary of the landmark "Brown vs. Board of Education" case that put an official end to segregated schooling in the USA. Desegregation has received little attention as of late, yet a number of scholars argue that the work of desegregation is far from being complete in the USA. The aim of this paper is to refocus attention on desegregation through a detailed comparison with a more recent case: the racial integration of schools in post-Apartheid South Africa. While South Africa is not held up as the perfect example of integration, it illuminates concepts and ideas that may explain shortcomings of the US process and present new alternatives to revitalize the process. Likewise, it is hoped that the historical example of the USA is instructive to those involved in the integration effort in South Africa. (Contains 12 notes, 1 table and 3 figures.)… [Direct]
(2007). Discovering the Possibilities: A Study of African American Youth Resistance and Activism. Educational Foundations, v21 n1-2 p107-124 Win-Spr. This article presents a study of African American youth resistance and activism. The data revealed that African American youth have a large capacity for activism and ability to resist. Early engagement on issues of social justice, equality and freedom by family, teachers, pastors and community leaders can help to shape political character and willingness to participate as an activist. Moreover, youth are more likely to become involved if they perceive issues as directly impacting their lives. As youth grow up they tend to become more jaded about their ability to make a change but they are still willing to work on fighting for justice if they find other like-minded individuals. While young people today are not involved with local electoral politics they demonstrate a highly sophisticated understanding of social organization, bureaucracies, and politics. Finally, when schools provide information and role models students are more likely to take risks and want to improve their… [PDF] [Direct]
(1997). War, Peace, and Human Rights: Listening to Children's Voices. Teaching Strategy. Update on Law-Related Education, v21 n1 p12-14 Win. Presents a lesson plan that teaches students the relationship between basic international doctrine and the proliferation and control of weapons of mass destruction. Assigned readings and handouts, including the preamble to the United Nations' Convention on the Rights of the Child, facilitate student reports and group discussions. (MJP)…
(1997). Whose Human Rights?. During the last 50 years, principles, institutions, and policies of human rights have been developed worldwide. This book brings together European and international conventions on human rights, the rights of women, and the users and uses of education, and places them in their wider context. It examines issues in how human rights work, the ways in which women have benefited, and the role of education in human rights. Chapter 1 offers an account of how human-rights legislation has been brought to fruition, with a focus on the process in Great Britain. Chapter 2 examines the international development of human rights, and chapter 3 describes the various ways in which education can be used to advance human rights. Chapter 4 examines the ways in which education appears in human-rights instruments. How do the provisions meet women's needs? The fifth chapter considers how these rights are globally and regionally implemented and enforced. Chapter 6 assesses the right to education in England…
(1982). Social Studies: Appendix for Elementary, Middle, and High School Guides for Teaching about Human Rights. Seventy documents including primary source materials, simulations, mock trials, short stories, vignettes, and statistical data are provided for the implementation of the elementary, middle, and high school human rights curriculum. Original documents include: (1) the Universal Declaration of Human Rights; (2) the Declaration of the Rights of the Child; and (3) the Charter of the United Nations. "Thermal Pollution: Background Material for a Mock Trial," highlights an unusual case of thermal pollution that occurred when cold water was introduced into an artificially-warmed tidewater stream in New Jersey. "The 100% American" is a vignette designed to initiate discussion on the many contributions of other cultures to the U.S. way of life. The list of "65 Ways To Say That's a Job Well Done," shows how self-esteem can be engendered in students. "Body Ritual Among the Nacerima: A Study in Ethnocentrism" is a parody that describes some "strange…
(1971). Report of the White House Conference on Youth. The proposals reported here evolved out of the conference held in Estes Park, Colorado April 18-22, 1971 to find new approaches to ten major issues, and new ways for youth between the ages of 14 and 24 to become more involved in the decision-making processes of the social and political institutions of the United States. 918 youth delegates were invited to represent the national demographic variables: geography, race, sex, age, and current status with respect to school, work, or unemployment; they tended to be actively involved in their communities. The power structure was represented by 500 invited adults from education, business and industry, labor, media, religion, foundations, national organizations, and the arts. Over 500 proposals are included here on: 1) the Draft, National Service, and Alternatives; 2) Drugs; 3) Economy and Employment; 4) the Environment; 5) Foreign Relations; 6) Legal Rights and Justice; 7) Poverty; 8) Race and Minority Group Relations; and, 9) Values,… [PDF]
(1971). Human Dignity Through the American Experience. (Government). Grade 12. The curriculum guide for twelfth grade pupils aims at helping students to understand and accept people who are different, develop a satisfactory self image, learn to think critically in the decision making process, and become familiar with the valuing process. Information on foundations in American government serves as a base for human rights and dignity. Teaching is process oriented rather than content oriented. Activity units, designed to foster community involvement, are outlined and arranged into three parts. The first unit focuses on the study of the structure and function of the Federal Government, the responsibilities and rights implied in the Bill of Rights, and democratic concepts. Unit II helps the student understand the concept of conflict and dissent, the political party system, the way in which majority rule necessitates minority role, and the structure and function of state and local government. Topics dealing with international relations as applied to current affairs,… [PDF]
(1995). Equal Protection under Law: Access to Public Education. Providing legal perspectives on equal protection with a focus on access to public education, this curriculum guide assists lawyers making classroom presentations and teachers at all levels. The elementary school curriculum provides students with a working knowledge of the concept of discrimination. It also introduces the differences between permitted and illegal discrimination. In the secondary school curriculum, students analyze a case study on the rights of children of undocumented aliens. Students are asked to express opinions on the right to a free public education for children of illegal aliens. This issue is used to frame student consideration of the Equal Protection clause of the Fourteenth Amendment. In addition to lesson plans, the booklet contains activity guides and sheets, a chronology of California immigration policy history, and instructions for a student forum. (LH)… [PDF]
(1987). Justice: Constitutional Update. Bar/School Partnership Programs Series. The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains how due process helps keep government accountable. A lesson plan for grades K-6, "Making Wrongs Right" (D. Greenawald), helps primary students analyze situations where a wrong has occurred and offer recommendations for corrective justice. "What is Procedural Justice?" contains lesson plans for middle and secondary school students adapted from "Law in a Free Society" curriculum units. They are concerned with the fairness of procedures used to gather information and make decisions. "Justice: Developing Reasonable School Policies" (K. A. Sprang) is a lesson plan for secondary students that focuses on the… [PDF]
(1986). Special Children and the Charter: Constitutional Implications for the Legal Right to an Appropriate Education. A Report Submitted to the Human Rights Law Fund, Department of Justice. The 1982 Canadian Charter of Rights and Freedoms guarantees equal protection and equal benefit of the law to all individuals without discrimination "and, in particular, without discrimination based on…mental or physical handicap." This report identifies and clarifies policy-making questions and issues that are arising as educators translate the law into viable policies and programs for handicapped children. The report is divided into the following sections: (1) an overview of legislative and judicial trends in accommodating handicapped children's right to an appropriate education; (2) a survey of public interest group responses to current provincial legislative policies and programs for handicapped children (including representative examples of how these individuals and groups perceive current legislative initiatives); (3) an overview of recent United States constitutional and legislative developments in handicapped education and a discussion of Canadian legal trends in… [PDF]