(1989). Employees. This chapter covers the nearly 230 cases reported in 1988 involving precollegiate, public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline has the greatest concentration of cases. Legal issues covered by the review are organized in the following sections: (1) discrimination in employment by race, religion, sex, age, or handicap; (2) substantive constitutional rights including freedom of speech and association, along with issues of privacy and substantive due process; (3) procedural due process; (4) issues of dismissal, nonrenewal, demotion, and discipline (for insubordination, unprofessional conduct, unfitness, immorality, or incompetence); (5) reduction in force and involuntary leaves of absence; (6) contractual disputes; (7) tenure; and (8) certification, decertification, revocation, and…
(1986). Issue Update: An Overview of the Immigration Reform Act. An overview of the Immigration Reform and Control Act of 1986 summarizes legislative developments prior to passage of the bill, describes major elements of the legislation, discusses the activities of the National Council of La Raza in monitoring implementation of the law, and emphasizes the necessary role of the network of Hispanic community-based organizations. The report provides a legislative history from September 19, 1985 to final passage of the bill. A description of the bill summarizes employer sanctions, anti-discrimination provisions, legalization, H-2 and special seasonal agricultural workers, and the Systematic Alien Verification for Entitlements (SAVE) Program. A list of four objectives of the Hispanic community in implementing the immigration bill includes: minimizing discrimination, maximizing participation in the legalization program, preventing abuse/exploitation of native and foreign agricultural workers, and eliminating wrongful denial of benefits to eligible…
(1988). Barriers and Biases toward Women: Impediments to Administrative Progression. Barriers to administrative advancement for women in academe are discussed. A study of perceived managerial style and leadership skill of women two-year college presidents was designed to fill a gap in research during an era of significant advancement opportunities for women. Leadership in higher education in the United States is gradually changing; in the period from 1975-1984, there has been a 93% increase in the number of women chief executive officers. Still, in 1985, less than 10% of presidential appointments were women. Leadership image is one of the major problems facing women trying to rise to the top level of their professions, since role models are few. In college and university administration, women administrators do "women's work," and they rarely serve as deans of business, engineering, or technology. Problems include such specific on-the-job factors as differential reward systems, discrimination in pay or promotion, and lack of support for professional growth…. [PDF]
(1984). Implementation of Public Law 94-142: The Education for All Handicapped Children Act. Sixth Annual Report to Congress. The report examines progress for the school years 1981-82 and 1982-83 in implementing P.L. 94-142, The Education for All Handicapped Children Act. Following an executive summary, an analysis of four major aspects of the law's implementation is detailed. A section on students receiving a free appropriate public education cites data on the number of students served, services for children from birth through age 5, services to secondary and postsecondary aged students, services to institutionalized and previously institutionalized students, and personnel. The next section provides an update on the implementation of key provisions of the Act assuring the rights of handicapped children. Information is provided on the least restrictive environment provision, precedural safeguards, protection in evaluation, and initiatives of the Department of Education, Special Education Programs (SEP). The third section reports on assistance to states and localities in educating handicapped children…. [PDF]
(1984). Litigation Strategies for Educational Equity: Bilingual Education and Research. The effects of bilingual education and programs for students who are not native speakers of English have not been researched thoroughly enough to provide sufficient, accurate, and meaningful evidence that will support litigation. Accordingly, this paper provides a historical review of the role of litigation in obtaining educational equity for language minority students, and explores the issues and concerns that should be subjects of research in the future if educational equity for these students is to be adequately protected or enhanced in the courts. Also discussed is the socio-political context in which bilingual education litigation has evolved. Past bilingual education research is analyzed and criticized. (PGD)… [PDF]
(1988). Employees. This chapter covers the nearly 250 cases reported in 1987 involving precollegiate public-sector employees. Those cases where purely procedural issues are involved are omitted, and procedural issues in the remaining cases are deemphasized. Although no United States Supreme Court cases in 1987 related to school employees, those from prior years are mentioned if necessary for an understanding of current cases. As in previous years, the section on dismissal, nonrenewal, demotion, and discipline contains a large number of cases, with many revolving around the issue of board compliance with district and state policies. Legal issues covered by the review include the following: (1) discrimination in employment by race, sex, age, or handicap; (2) substantive constitutional rights including freedom of speech and association, along with issues of privacy and substantive due process; (3) procedural process; (4) issues of dismissal, nonrenewal, demotion, and discipline (for insubordination,… [PDF]
(1988). Students in Transition Using Planning. Teacher's Manual. The manual was the outcome of a 3-year project to develop a training program on self-advocacy for special education students. The student training is a 3-4 hour program aimed at increased student awareness of their rights and responsibilities as they begin the transition process. Training materials include outlines for each session, student activities such as worksheets and scripts for role-playing, and information handouts. The program has been piloted with students with learning disabilities, physical handicaps, and mental retardation. The format for students with learning disabilities and physical handicaps consists of three sessions, focusing on future planning and goal setting, disability rights, and self advocacy and communication skills. Self advocacy skills are demonstrated in relation to securing services such as rehabilitation counseling, employment, or housing. The format for students with mental retardation differs in that all three sessions emphasize communication… [PDF]
(1985). The Extended School Year Resource Guide: Part II. The resource guide on developing and/or refining extended school year (ESY) services is intended for local educational agencies in the State of Washington. Part II of the guide provides detailed information on legal and funding considerations, suggestions for determining service needs, and specific service delivery options. Section I discusses legal and funding considerations in a question and answer format. Sample questions include: How do Existing Statutes and Guidelines Relate to ESY? What Do the Courts Suggest Regarding Which Students Need an Extended School Year? A review of various funding resources available is also provided. Section II describes steps necessary for the multidisciplinary team/individualized education program committee to determine whether a student needs an extended school year. The third section describes options for service delivery. Components necessary for developing a service delivery model include providing inservice for staff, analyzing student needs,…
(1987). Education and the Quest for Human Completion: The African and Afro-American Perspectives Compared. This paper examines the concept of human completion, as applied to both the African and the Afro-American experience, and how the search for completion by the individual influences the collective society. The theoretical concepts of Paulo Freire and Albert Memmi are applied to both groups. Both groups have been denied equal opportunity for education and self-realization. Voting has been used as a means to achieve social and educational goals but has been ineffective when it was not combined with the education necessary to provide critical analytical skills. The search for self-liberation has led to social conflict, as the power structure has prevented the minority from achieving its goals. The conclusions drawn include: (1) that collective action is not possible without individual action, which in turn depends upon the education of individuals; (2) that affirmative action programs are vital in assisting blacks in achieving education; (3) that collective action appears to be fading… [PDF]
(1982). School Discipline and Student Rights: An Advocate's Manual. Revised Edition. This manual is designed to help students' advocates in their work on school discipline issues–when representing students in school disciplinary hearings, preparing court challenges, or working with groups of students and parents to change school disciplinary policy. The main body of the book is devoted to analysis of students' legal rights. The first part addresses substantive rights, which limit either the kinds of conduct schools can prohibit or the kinds of punishment schools can impose. The second part addresses procedural rights–the school's obligation to follow certain procedures when pursuing disciplinary policies. Subsequent parts of the book include a guide for access to student records and to information about the school system that can be essential in discipline advocacy; materials on remedies, disciplinary alternatives, and strategies for legal services advocates; a section on the rights of private school students; and a summary. The authors caution that while an… [PDF]
(1982). Integration, Resegregation and Integration Maintenance. Recent increases in black migration to the suburbs and the continuing existence of discrimination in housing have emphasized the issues of integration and resegregation in suburban municipalities. To prevent resegregation, many integrated municipalities have adopted integration maintenance measures such as efforts to inform people that racial diversity will not lead to community decline; deliberate attempts to influence housing choices in order to promote racial diversity; school desegregation; and development schemes to prevent decline in racially mixed communities. It has been argued that integration maintenance tools are illegal, that they unfairly restrain the realty business, and that they discriminate against black homeowners and renters. Ethical considerations point to the possibility of integration maintenance policy being exploited to control black influx into a community by allowing entry only to more economically advantaged blacks or limiting blacks' housing choices. Both… [PDF]
(1980). A Fair Shot/An Equal Chance. A Handbook for Vocational Students in Non-Traditional Programs. Project SCOPE Book #2. Designed for use by vocational education students in nontraditional programs, this handbook contains support group activities pertaining to group cohesion, understanding the nature of sex bias, assertiveness, group projects, sexual harassment, and laws governing sex fairness. Group cohesion activities designed to help group members get to know themselves and other members of the group are described. Discussed next are general activities to provide an understanding of the nature of sex bias, sex stereotyping, and other related concepts. A series of assertiveness activities and a number of group projects designed to help the already-active and stable support group stengthen and publicize itself are explained. Listed next are strategies for coping with sexual harassment and professional services to help students and employees deal with it successfully. The major laws guaranteeing students and workers equal opportunity in education and employment are summarized. Appended to the handbook…
(1978). Beyond Bakke. Our Stake in the Urban Condition. Pertinent Papers No. 2. An explanation of the Bakke case, traditional admissions procedures, current trends and descriptions of six highly selective current programs and their admissions criteria are presented. In the Bakke case, the Supreme Court held that universities may not set quotas, i.e., reserve fixed numbers of places for blacks or members of other minority groups. The Court declared that race may be considered as one factor in developing a diversified student body, and affirmative action efforts are not illegal as long as candidates are evaluated on an individual basis and no quotas are set. Criteria that colleges and universities use in admission decisions are academic achievement and potential, motivation of the student, and the needs of the institution, particularly its desire for a diversified student body. Today most colleges and universities agree that nonacademic experiences such as work or overcoming hardship should count for a great deal, as should appropriate innate skills and human…
(1966). DOES SCHOOL INTEGRATION CONFLICT WITH QUALITY EDUCATION. ONLY THROUGH QUALITY EDUCATION PROVIDED IN RACIALLY BALANCED SCHOOLS WILL CHILDREN OF DIFFERENT CULTURAL AND RACIAL BACKGROUNDS LEARN THE CITIZENSHIP SKILLS NEEDED IN CONTEMPORARY SOCIETY. THE BASIC ISSUE FOR EDUCATION IS THE NEED TO PROVIDE NEGROES WITH GENUINE QUALITY EDUCATION WHICH WILL EQUIP THEM FOR ENTRY INTO THE MIDDLE CLASS LEVEL OF AMERICAN SOCIETY. RELATED FACTORS DESERVING FURTHER STUDY INCLUDE FEDERAL FUNDING OF PROGRAMS TO IMPROVE EDUCATION FOR THE DISADVANTAGED, NEIGHBORHOOD SCHOOLS, SPECIAL PROBLEMS CREATED BY POPULATION SHIFTS, UNWILLINGNESS OF WHITE CITIZENS TO SHARE THEIR EDUCATIONAL PRIVILEGES, ABILITY GROUPING, CURRICULUM DEVELOPMENT, AND CAREFUL EVALUATION OF THE PHILOSOPHICAL BASE FOR EDUCATION OF THE DISADVANTAGED. THIS PAPER IS THE TEXT OF AN ADDRESS GIVEN TO THE SAN FRANCISCO CIVIC UNITY COMMITTEE. THIS DOCUMENT WAS PREPARED FOR THE SCHOOL ADMINISTRATORS CONFERENCE SPONSORED BY THE NATIONAL URBAN LEAGUE AND TEACHERS COLLEGE OF COLUMBIA UNIVERSITY (NEW YORK,…
(1978). Proceedings of the Annual Conference of the Association of Mexican-American Educators, Inc., State of California (13th, San Francisco, California, October 26-28, 1978). Officially incorporated in 1965 to advocate for equal opportunity for all, especially students of Hispanic ancestry, and greater opportunities for Hispanic professionals at all levels of the teaching field, the Association of Mexican American Educators, Inc., held its 13th annual conference October 26-28, 1978. The five position papers included in the conference proceedings reflect the humanistic efforts of the Association. The papers are: "The California School Finance Reform Act (AB 65): Implications on Bilingual Education", by Joseph O. Garcia and Ruben W. Espinosa; "The Allan Bakke Decision: An Analysis of its Implications for Affirmative Action and Higher Education", by Manuel H. Guerra; "The Case for the Spanish speaking" by Ricardo A. Callejo; "The Future Needs of Chicano Studies Departments" by Joe Rodriquez; and "Teacher Training in Institutions of Higher Learning: Are the Trainers Prepared?" by Alba Moesser. (SB)…