(1986). Public, Private and Separate Schools in Ontario: Developing a New Social Contract for Education?. The government of Ontario announced in 1984 that it would begin to fund Catholic high schools in 1985. Prior to this announcement, Ontario had operated since the 1800s under a system that provided for the public funding of a dual system of Protestant and Catholic public elementary schools and a single system of nondenominational secondary schools. Since the majority of Ontario's residents were non-Catholic, this arrangement developed into a system of essentially nondenominational public elementary and secondary schools supplemented by alternative public, Catholic elementary schools and a scattering of private schools of various types. This system of alternatives is now being extended into secondary education. The change raises a number of legal and constitutional questions, however. This paper reviews the historical factors behind the creation and development of Ontario's public school system, examines the constitutional issues raised in relation to Canada's Constitution Act of 1867… [PDF]
(1986). The Black Superintendent and Court-Supervised Desegregation. The court-ordered desegregation plan under which the St. Louis (Missouri) Public School District has operated since 1983 has had a mixed reception and has suffered from inadequate funding. The desegregation effort began with the filing in 1972 of a class action suit alleging that operation of the schools was unconstitutionally discriminatory. After several court battles at district and appeals court levels, three separate but related plans were developed and approved: the Intradistrict Plan mandated forced integration of all city schools; the Vocational Education Plan allowed voluntary transfer of students among the city's and county's vocational high schools; and the Settlement Plan provided for other voluntary interdistrict transfers, magnet school program expansion, systemwide educational improvement, and special programs to improve all-black schools. All the plans involved monitoring by citizens' committees. This paper discusses the events leading up to the court-ordered plan,…
(1987). Helping Parents To Be Informed Advocates for Their Handicapped Children: Planning Materials for Four Meetings To Provide Information and Support. Preschool Transition Project. The manual provides parent educators with guidelines for conducting a series of four 1-hour meetings to help parents of preschool handicapped children fulfill their role as their child's advocate. At the first meeting, information on tests and testing and on the Individualized Education Program process is presented. In the second meeting, parents are informed of the legal rights to which children receiving special services are entitled. At the third meeting, other parents of older handicapped children speak providing a parent perspective of special education services. In the fourth meeting, school district special education administrators give parents specific information about the school district and answer parents' questions. The manual also contains general suggestions for the meetings (e.g. send parents reminder notes, serve refreshments, and develop a parent handbook) and appendixes which include forms used by the Preschool Transition Project in Utah, a list of regional… [PDF]
(1984). Informed Consent for Intrusive Behavioral Treatments: Behavioral Treatment and Review System. Informed consent is required from a child's parent or guardian before use of some types of behavior modification for severe behavior problems, such as tantrums, self-abuse, aggression, stealing, destruction of property, etc. Behavior modification procedures that produce physical or psychological discomfort or pain require informed consent because they intrude on the person's body or mind. Both a legal and a practical definition of informed consent are offered, along with examples of informed consent used in special education settings. A legally valid consent must meet the three criteria of being voluntary, knowledgeable, and intelligent. An informed consent document should be completed by parents/guardians to give legal permission for educators to carry out an intrusive treatment. The document should include a description of the problem behavior, previous treatments, proposed treatment, risks of proposed treatment, type of data collected and data collection methods, expected…
(1989). Relating to Each Other. A Questionnaire for Students. A survey designed to examine some aspects of the day-to-day campus environment (for both men and women) is presented. Many people on campus have become increasingly concerned with subtle and obvious forms of sex-based discrimination, and often men and women have very different experiences, even when they study in the same classroom. Questionnaire items are designed to gather information about students' perceptions and experiences concerning the other sex. The 13 questions (plus space for comments and ideas) are as follows: What is your sex? What is your class standing? What is your race/ethnicity? Do any of the following behaviors apply to your personal definition of sexual harassment? Have you experienced any of the listed behaviors that might occur between male and female students? Do you avoid any of the following places because student behaviors there make you feel uncomfortable? What has been your response to inappropriate behavior from other students? Have you experienced any…
(1988). Confusion in Education: Teachers' Issues Regarding Human Immunodeficiency Virus (HIV) Infection in the Classroom. A discussion is presented on the problems and conflicts that arise over the question of admitting children with Human Immunodefiency Virus (HIV) to the school classroom. Legal, educational, and ethical questions are involved, including the applicability of federal statutes regarding the handicapped, the right to confidentiality, public safety, and health education. These issues are addressed through an examination of the literature on education, bioethics, and law. While common law guarantees the right to an education, the state may impose certain restrictions to protect public health. However, federal statutes regarding the handicapped provide HIV-infected children with access to regular classrooms, and privacy and confidentiality are safeguarded by federal statute. Drawing from commentary from 1981 to the persent, a sound structural basis for curriculum development for education on HIV and acquired immune deficiency syndrome (AIDS) is considered. This includes suggestions for… [PDF]
(1984). The State of Black Michigan: 1984. Each of the eight chapters of this report on life conditions of blacks living in Michigan addresses a different issue. The chapter titles (and their authors) are as follows: (1) "A Demographic Overview of Blacks in Michigan" (Maxie C. Jackson, Jr.); (2) "The Economic Status of Blacks in Michigan" (Karl D. Gregory); (3) "Unemployment, Employment, and Training in Michigan" (Richard W. Thomas); (4) "Black Political Participation in Michigan" (Wilbur C. Rich); (5) "Black Crime in Michigan" (Homer C. Hawkins); (6) "Black Youth in Michigan" (Algea Othella Harrison); (7) "The Media in Michigan" (Gilbert A. Maddox); and (8) "Summary and Conclusions: Racial Disparities Persist in Michigan" (Joe T. Darden). The concluding chapter, which analyzes general findings, asserts that the socioeconomic gap between blacks and whites in Michigan remains wide, and that true black progress will remain impossible to attain as…
(1984). Legal Guide for Senior Citizens: Laws and Programs Affecting Kansas Senior Citizens. This booklet is intended to inform (not advise) older Kansans about eligibility requirements and benefits provided by state and federal programs. Financial assistance programs discussed are Social Security, railroad retirements, veterans' benefits, unrestricted general assistance, Employee Retirement Income Security Act, food stamps, Low Income Energy Assistance, and weatherization. Health care programs outlined include Medicare, Medicaid, veterans' benefits, private insurance, Hill-Burton funds, and senior dental care. Housing information is provided about renting, public and private subsidized housing, homesharing, Continuing Care Retirement Community, extended family, nursing homes, alternatives to nursing home placement, and multi-purpose senior centers. Tax relief programs described are food sales tax refunds, homestead tax refunds, intangibles tax exemption, and federal tax benefits, credits, and refunds. Consumer topics addressed are deceptive and unconscionable practices,…
(1984). Guia Legal para Ciudadanos Envejeciente: Leyes y Programas Afectando los Ciudadanos Envejeciente de Kansas. (Legal Guide for Senior Citizens: Laws and Programs Affecting Kansas Senior Citizens). This booklet, translated into Spanish, is intended to inform (not advise) older Kansans about eligibility requirements and benefits provided by state and federal programs. Financial assistance programs discussed are Social Security, railroad retirements, veterans' benefits, unrestricted general assistance, Employee Retirement Income Security Act, food stamps, Low Income Energy Assistance, and weatherization. Health care programs outlined include Medicare, Medicaid, veterans' benefits, private insurance, Hill-Burton funds, and senior dental care. Housing information is provided about renting, public and private subsidized housing, homesharing, Continuing Care Retirement Community, extended family, nursing homes, alternatives to nursing home placement, and multi-purpose senior centers. Tax relief programs described are food sales tax refunds, homestead tax refunds, intangibles tax exemption, and federal tax benefits, credits, and refunds. Consumer topics addressed are deceptive and…
(1987). The Educational Rights of Homeless Children. NEWSNOTES, n38 Sep. This newsletter focuses on the educational rights of the homeless. It contains the following articles: (1) Homelessness: A Barrier to Education for Thousands of Children; (2) New Federal Act Protects Education Rights of Homeless Children; (3) Suggested Questions Regarding the Education Provisions of the McKinney Homeless Assistance Act; and (4) Advocates in New York Challenge Denial of Education to Homeless Children. The extent of homelessness and its effect on children are discussed. Research has indicated that 43% of homeless children do not attend school, and that among the reasons are families' inability to meet residency requirements or to provide the schools with the necessary records, and lack of transportation. There are also indications that the homeless children are not made welcome in the schools. (PS)… [PDF]
(1977). The White House Conference on Handicapped Individuals: Volume II. Final Report. Part A. May 23-27, 1977. The three-part final report documents recommendations and resolutions and summarizes the work of more than 700 delegates to the White House Conference on Handicapped Individuals, May 23-27, 1977, in Washington, D.C. It is emphasized that the primary purpose of the conference was to give persons with mental and/or physical disabilities an opportunity to voice their concerns and vote on recommended solutions to problems. Part A outlines the history and process of the conference. Recommendations and resolutions are summarized under the following headings: health, educational, social, economic, special, and miscellaneous concerns. Open forums, caucuses, and seminars are described. Special interest sections address disabled nonwhites, disabled women, disabled veterans, disabled Hispanic individuals, information resources, coordination, long-term care, disability law, mental health, and epilepsy. An alternative conference report is presented. (DB)…
(1978). Administrative Control of Student Publications. A Legal Memorandum. This paper analyzes the present state of the law and offers some suggestions for school officials who seek to update their school regulations concerning student publications. It examines court cases in such areas as restrictions on the time, place, and manner in which students can distribute publications; prior restraint or censorship of materials; vagueness of regulations; and publications sponsored by the school and publications not sponsored by the school. The trend of federal court decisions has been to expand the applications of First Amendment freedoms to the publications of secondary school students, but whether this trend will continue depends at least in part on the willingness of school officials to seek out broader and more acceptable bases for resisting the directions taken by the courts where they believe that the courts are going too far. (Author/IRT)…
(1978). The Burger Court and School Integration, 1978: The End of the Second Reconstruction Period, 1954-1974. The United States Supreme Court's attitude toward school integration is analyzed in this paper. The liberal rulings of the Court under Justice Earl Warren are traced through 1974. The Court's consideration during this racist period and the disproportionate impact of school board policies in producing segregated schooling is detailed. The reversal of these policies by the Court under Justice Warren Burger is discussed. It is asserted that the Burger Court has effectively limited court ordered school integration to the neighborhood concept. In addition, it is pointed out that the Burger Court is making it more difficult to bring suit in Federal court and to obtain legal council in cases relating to segregated schools. Strategies are suggested to counter the present negative attitudes of the Burger Court toward school integration. (Author/GC)…
(1980). European Regional Seminar on Implementation of the UNESCO Recommendation Concerning Education for International Understanding, Co-operation and Peace and Education Relating to Human Rights and Fundamental Freedoms (Sofia, Bulgaria, 15-20 October 1979). Final Report. This document is the final report of the Unesco seminar on international understanding. The major purposes of the seminar were twofold: (1) to evaluate implementation of human rights and peace-related recommendations within Unesco member nations since 1974 and (2) to suggest how to develop and implement more effective human rights/international understanding approaches in the context of traditional and out-of-school education. The seminar was attended by 21 educational experts from 15 Unesco member nations and by 14 observers from Bulgaria. Presentation of status reports from the 15 nations represented at the seminar indicated that member states had been successful in implementing the 1974 recommendations in various ways, particularly in the areas of promoting the study of world issues and concentrating on helping young people think rationally about social and political issues. Suggestions for making education for international understanding and peace even more effective in the…
(1976). To Search or Not to Search!. Constitutional guarantees, as provided by the Bill of Rights, are enjoyed by all citizens. This principle applies no less to students with respect to their college or university domicile. Case law on this subject suggests that three questions must be answered to determine the reasonableness of residence searching: (1) by whom the search is conducted; (2) the specific reasonable cause precipitating a search; and (3) the circumstances under which evidence of unlawful activity is found. Careful and thoughtful consideration of the basic principles of search and seizure can help in avoiding legal difficulties and infringement of student rights. (Author/KA)…