(1986). The Charter of Rights and Special Education: Blessing or Curse?. The Canadian Charter of Rights and Freedoms contains an implicit right to education, and the Charter's equality provisions offer an important tool for promoting the rights of the disadvantaged. The equality provisions are open-ended in nature and make the courts a new partner in educational decision-making, causing some educators to regard the Charter generally and the equality provisions in particular with fear. This paper examines literature and court decisions concerning the nature of the Charter, the reasonable limits on Charter rights, and the remedies for violations of these rights. It speculates on the impact of applying the Charter to education law and policy with regard to children who have special education needs. It addresses: (1) the constitutional right to education, including problems of access, the appropriate content of education, special education rights, and related services; (2) the classification of students and constitutionally fair procedures; (3) the… [PDF]
(1980). The Yearbook of Higher Education Law 1980. Seven experts in the law as it applies to postsecondary education have contributed six articles to this book-length discussion of relevant court cases decided in 1979. Topics addressed include governance and finance, property owned by educational institutions, tort liability cases affecting schools, litigation required in clarifying relations between schools and their employees, collective bargaining, and cases resulting from conflicts between schools and their students. (PGD)…
(1975). What Every Teacher Should Know about Student Rights. This booklet reviews twelve areas in which, in light of recent court cases, teachers should be made aware of changes in the status of student rights. These areas include (a) the right to an education, (b) due process, (c) "in loco parentis," (d) personal appearance, (e) marriage, (f) corporal punishment, (g) grades and diplomas, (h) punishment for off-campus activity, (i) law enforcement, (j) discrimination, (k) school records, and (l) freedom of expression. Two distinctions have been made in this list between those areas in which state courts have the ultimate decision and those which reach the federal level. The areas which deal with more fundamental rights such as the right to an education, due process, and freedom of expression fall under national jurisdiction. Personal appearance, marriage, and law enforcement are examples of areas that are left up to the states. Extensive bibliographies and a list of other National Education Association materials that pertain to… [PDF]
(2000). Rights of the Child in South Africa: Violence against Girls in South Africa. This report to the United Nations Committee on the Rights of the Child contains observations of the World Organisation Against Torture (OMCT) concerning the application of the U.N. Convention on the Rights of the Child by the nation of South Africa. Noting that the Convention is the only "mainstream" human rights instrument that explicitly states the rights apply equally to female and male children, the report first provides observations and recommendations concerning violence against girls in South Africa. General observations in this area indicate that despite Government efforts at the legislative, policy, and awareness levels, there remain, both in law and practice, discrimination against girls and conflict between the constitution and religious and customary laws which perpetuate harmful practices against girls. This section then examines: violence against girls in the family, including early marriages, bride prices, genital mutilation, and virginity testing; violence… [PDF]
(2003). School Law: A Question of Equality. American School Board Journal, v190 n2 p46,47,51 Feb. This article discusses the Equal Access Act (EAA) as it pertains to high-school student clubs. It raises basics questions about EAA: What does "equal" mean? What level of access is required? Does the First Amendment's free-speech clause offer broader protection to student clubs than the EAA? (WFA)…
(2000). Who Are Adults with Learning Disabilities and What Do We Do about Them?. Topics in Language Disorders, v21 n1 p1-14 Nov. This article addresses the definition of learning disabilities (LD), issues in identifying learning disability in young adults, the legal rights/protections for adults with LD in the workplace or higher education, and what are reasonable accommodations. Case vignettes provide examples of the issues. (Contains references.) (Author/CR)…
(2005). What Not to Wear and Other Stories: Addressing Religious Diversity in Schools. Education and the Law, v17 n1-2 p1-22 Mar. This article considers the position of religion in schools in England and Wales in light of the recent decision in "The Queen on the application of SB v Headteacher and Governors of Denbigh High School". This held that the refusal to allow a pupil to wear the jilbab was a breach of her rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and the Human Rights Act 1998. It contrasts approaches based on human rights principles with those based on discrimination law principles, highlighting overlap and inconsistency between both the definitions applicable to different forms of discrimination and the position of teachers and pupils. It concludes that the law is in urgent need of rationalisation to provide consistency. (Contains 76 notes.)… [Direct]
(1995). Education's Role in the Struggle for Americans To Be Equal in the Eyes of Each Other. America has two conflicting visions of equality. The first evolved during the American Revolution through the 1960s, which is identified with the phrase \equality of opportunity.\ The second vision, advanced since the 1960s, embraces the concept of affirmative action to redress social injustices. In an attempt to reach accord on these conflicting visions of equality, the American public school has become one of several major battlegrounds. This paper examines these differing visions of equality as traditional and postmodern concepts, identifies their operational expression in the public schools, and reflects on the nature of America's conflict over equality. It also analyzes educational programs with the most potential to help Americans see each other as equals, and concludes that character education has the most potential for doing so. Character education, it is argued, would be a means for articulating the principles that America was founded upon–equality before the law, equal… [PDF]
(1995). Educating for Human Dignity: Learning about Rights and Responsibilities. Pennsylvania Studies in Human Rights. This book is written for both teachers and teacher educators to use in addressing issues of human rights. The conceptual development approach used throughout the book makes it suitable for a full human rights curriculum; the grade-level discussions and sample lesson plans also can be used in individual classes or to enrich ongoing programs. The book is divided into seven chapters and subdivided by grade level examples. Chapters include: (1) \Introduction: Purposes and Approaches\; (2) \A Developmental Sequence for Presentation of the Core Concepts\; (3) \The Early Grades: Laying the Foundation for an Appreciation of Human Dignity–Kindergarten to Grade Three\; (4) \The Middle Grades: Introducing Standards and Principles–Grades Four to Six\; (5) \Junior High School: Reflecting and Valuing–Grades Seven to Nine\; (6) \Senior High School: Confronting the Problems, Taking Responsibility–Grades Ten to Twelve\; and (7) \Resources for Human Rights Education.\ Flexibility is built in to…
(1994). Disability Culture, Community, and Pride. This report discusses the societal oppression of people with disabilities and the growing awareness of a new group consciousness and an emerging disability culture. It examines social attitudes toward individuals with disabilities; the effects of using a medical model of disability, with its implications for the objectification and control of people with disabilities; the movement of people with disabilities toward a sociopolitical model as members of a distinct minority group; and the values of this emerging culture such as accepting a disability as a source of pride and viewing life with a disability as worth living and celebrating. The functions of a disability culture are presented, including: (1) providing symbols, rituals, and values that serve to strengthen personal and group identity; (2) uniting people with disabilities and experiences, facilitating group action; (3) empowering people with disabilities by providing a variety of ways to inform others about themselves; and… [PDF]
(1996). Promoting Inclusion for All Students with Disabilities. This report reviews Federal legal requirements for including students with disabilities in general education classrooms, describes the continuing obstacles to inclusion, and provides guidance for challenging the placement of students with disabilities outside of the general education classroom. Barriers to full inclusion are identified, followed by a discussion of the need for advocates to present the courts with cases that challenge systemic state and local policies and practices that impede inclusion. Key questions for challenging exclusion and the denial of full inclusion of students with disabilities are also listed. A separate section provides the legal basis for inclusion by highlighting legal decisions that recognize the rights of students with disabilities to be educated with children without disabilities. Legal decisions affecting presumption and burden of proof, individualized determination, the right to full educational opportunity, and the duty to provide a continuum of… [PDF]
(1996). Curfew: An Answer to Juvenile Delinquency and Victimization? Juvenile Justice Bulletin. Many jurisdictions have implemented curfews in reaction to increased juvenile delinquency and other social trends. This bulletin explores developments in curfew ordinances, legal issues related to curfews, how community based jurisdictions have responded to these issues, and the elements of sound curfew programs as illustrated in seven jurisdictions. Of 200 large cities (population of 100,000 or greater in 1992), 47% had curfews in effect on January 1, 1990, and 53 additional cities implemented curfews between 1990 and spring 1995. In that same time, 37 of the 93 cities with an existing curfew ordinance revised their existing curfew ordinances. To pass constitutional scrutiny, curfew provisions must demonstrate a compelling state interest and ensure that the curfew restrictions are tailored to the law's objective. The seven cities whose curfew provisions are discussed enacted their ordinances pursuant to specific authorizing state legislation. Each of these jurisdictions collected… [PDF]
(1996). Dobro Dosli U Sjedinjene Drzave. Prirucnik za Izbjeglice. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides Bosnian, Croatian, and Serbian refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural… [PDF]
(1996). Ku Soo Dhawaada Dalka Mareykanka. Buugga tusmadda Qaxootiga. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides Somali-speaking refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural adjustment. Among… [PDF]
(1996). Bienvenue aus Etats-Unis. Guide Pour Refugies. (Welcome to the United States. A Guidebook for Refugees). This guidebook provides French-speaking refugees being resettled in the United States with general information about what they will encounter and the services they can receive in their first months in the country. The book is distributed to overseas processing agencies, refugees overseas who have been approved for U.S. admission, and service providers. Refugees are advised that most Americans value self-reliance and individual responsibility, but that in general people respect those who ask questions about the new culture they are entering. All refugees are assigned to a relocation agency as they arrive in the United States, and housing is made available for the first month. The following topics are addressed: (1) pre-arrival processing; (2) the role of the resettlement agency; (3) community services; (4) housing; (5) transportation; (6) employment; (7) education; (8) health; (9) managing your money; (10) rights and responsibilities of refugees; and (11) cultural adjustment. Among… [PDF]