(1983). Phonological Variation: Educational Taxonomy for Adults. The influence of educational background upon the variety of English as a second language speech was examined. Adults in a rural New Mexico community were interviewed in order to elicit data on phonological variation. Data were collected through free speech, controlled speech which required the informants to translate Spanish questions to English, and specific speech which encouraged the identification of familiar objects in both Spanish and English. Twenty-four adults ranging in age from 23 to 81 participated. Thirteen had a college education, 5 a high school education, and the remainder an elementary education. The subjects with more education showed less variance in producing English. Compared to the other groups, the most highly educated group took more time in speech production or avoided the three speech features which caused difficulty. The less educated groups either confused the feature "sh" with "ch" or used variants of "th." The performance of…
(1974). The Principal, School Discipline, and the Law. In this booklet, the Council of Supervisors and Administrators of the City of New York seeks to offer hope that teachers' and principals' capacity for the reasonable exercise of authority has not been exhausted. There is a body of legal opinion that supports the authority of the principal in disciplinary matters. It is a misconception that a student is deprived of this rights if, as an outcome of an administrative hearing, he is suspended from school or denied further public education. The courts are far from committed to the doctrine that each and every disciplinary decision is subject to trial; the courts do not always see the principal as an adversary in his relationship with students. In the sections on due process, suspensions, free speech, free press, respect for the flag, personal appearance, and searches and seizures, the author suggests that fairness, common sense, and experience remain the staples in school discipline. The courts have not enjoined principals from acting on… [PDF]
(1991). Knowledge Network Values: Learning at Risk?. The boundaries between various information, entertainment, and communication fields are shifting. The edges between our library systems and communication networks are becoming increasingly fuzzy. These fuzzy edges affect concepts of education, learning, and knowledge. The existing library paradigm does not easily accommodate the new, fluid and dynamic knowledge networks. Librarians need to identify the structures that are essential for perpetuating the values of the learning community into the knowledge networks of the future. Greater freedoms of access are possible with electronic networks, but greater restraints are also possible. Electronic impulses can be easily manipulated, modified, distorted, transmitted, and erased. International aspects of network access involve questions of different legal and regulatory structures. The protection of free speech and assurance of privacy in electronic network use are critical if society's freedoms are to be preserved. (KRN)…
(1988). Freedom of Assembly: World History, U.S. History, and U.S. Government. Bill of Rights in Action, v5 n2 Win. This theme issue on the freedom of assembly includes three sections: (1) "World History: Wat Tyler's Rebellion," a glimpse into the English past that provides a valuable perspective for understanding the turbulent origins of the right of U.S. citizens to assemble; (2) "U.S. History: William Lloyd Garrison and the Boston Mob," an account of a northern abolitionist's struggle to establish his right to free speech and his subsequent near lynching; and (3) "U.S. Government: The Lunch Counter Sit-Ins," the story of the civil rights protests in Greensboro, North Carolina. Each section includes a historical essay on the topic area, questions for discussion and writing, a short reference list, and selected activities that mimic the historical events of that section. (PPB)… [PDF]
(1978). Legal Controls on Teacher Conduct. The most litigated issues involving teachers are the control of conduct of teachers and other employees. The disciplinary measures available are typically expressed or implied in state statutes. These normally include suspension, transfer, nonrenewal of contract, and discharge. The superintendent or board may be empowered to recommend the revocation of the teaching certificate by the state board of education or other agency. The statutes of most states list grounds for discharge and certificate revocation. These listings typically include such grounds as incompetency, inefficiency, insubordination, neglect of duty, and immorality. Conduct that involves the exercise of a constitutional right such as free speech invokes procedural requirements that may extend beyond those specified by statute. Cases are cited under the broad headings of insubordination, neglect of duty, and immorality and crimes involving moral turpitude. (Author/MLF)…
(1967). The Dynamics of Student Discontent and Protest. An examination of personality and attitudinal characteristics of students who participated in the Free Speech Movement (FSM) at the University of California (Berkeley) in Fall 1964. Research data reveal the FSM activists to be well-qualified students with good to excellent academic records, diverse intellectual interests, strong motivations toward knowledge, and deep commitments to university, social and political problems. When compared to non-participating students, FSM participants were found to be an atypical minority that behaved with considerable independence and autonomy to the point of public protest activities even at the risk of arrest. Individual differences and attitudes are discussed with emphasis placed on characteristics as they relate to future activities and continuing commitments. This student group seems to possess a variety of qualities and attributes generally indicative of potential greatness. (WM)… [PDF]
(2004). Participation in Education Department Programs by Religious Organizations; Providing for Equal Treatment of All Education Program Participants. Final Rule. Federal Register, Part III, Department of Education, 34 CFR Parts 74, 75, 76, and 80. National Archives and Records Administration, Federal Register v69 n108 p31708-31715 Jun 4. These final regulations implement Executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or "faith-based") organizations should be able to compete on an equal footing with other organizations for funding by the U.S. Department of Education (Department). Department regulations are being revised to remove barriers to the participation of faith-based organizations in Department programs and to ensure that these programs are implemented in a manner consistent with the requirements of the U.S. Constitution, including the Establishment, Free Exercise, and Free Speech Clauses of the First Amendment. These regulations are effective July 6, 2004. [This final rule was put forth by the Center for Faith-Based and Community Initiatives, Office of the Secretary, U.S. Department of Education.]… [PDF]
(2001). Primer on Legal Affairs for the School Business Official. This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district policy, contracts, supervision of students, privatization of K-12 public education, legal aspects of site-based management, transportation, and charter schools. The two-chapter section on employment issues deals with supervision and evaluation of school personnel and employee rights. The last section, constitutional issues, contains four chapters that deal with the following topics: services for students with disabilities, religious influences and the public school, student free speech and dress codes, and the Fourth Amendment and the quest for drug- and weapon-free schools. (PKP)…
(1998). CASDA Annual School Law Conference Proceedings (13th, Latham, New York, July 16, 1998). The Capital Area School Development Association Conference was held in July 1998. These proceedings include the following presentations: \Recent Decisions of the State and Federal Courts, the Commissioner of Education and PERB\; \Civil Service Law for School Districts\; \Mental Disabilities Under the ADA\; \The Role of the Board of Education in Collective Bargaining\; \Recent Developments at PERB\; \Discipline and Disabilities: Surviving the Special Education Maze; and Termination of Teachers During the Probationary Period.\ The following subareas were treated under \Recent Decisions of the State and Federal Courts\: First Amendment Religion Cases; First Amendment Free Speech Cases; Student Constitutional Rights; Student Discipline; Employee Discipline, Employment Discrimination; Employment Contracts; Tenure And Seniority Rights; Taylor Law Issues; School District Budget Vote and Board Member Election; Sex Discrimination; Sexual Harassment; and Sex Offender Statutes. (DFR)… [PDF]
(1992). A Public Voice…'92. America's Role in the World. Energy Options. The Boundaries of Free Speech. A Report from the National Issues Forums, Fall & Winter 1991-1992. This document reports on the tenor and outcomes of the National Issues Forums held in 1991-92 on three issues. The report draws upon three resources: short participant questionnaires, descriptions from groups' convenors, and detailed analysis of the taped proceedings of 10 groups. The report is organized in three sections, each consisting of a report from the forums and excerpts from the public response to each issue by a group of representatives from the national media and Congress who met to review excerpts from the videotapes. The first forum report, "America's Role in the World: New Risks, New Realities," starts from the premise that what dominates people's minds when they think about shaping the U.S. role is the breakup of the Soviet Union. Discussion focuses on the following: United States as a solitary superpower; need for U.S. citizens to be much more frank about themselves and more objective about the rest of the world; the United States as leader, not policer, of… [PDF]
(1989). Critical Linguistics: A Starting Point for Oppositional Reading. This document focuses on specific linguistic features that serve ideological functions in texts written in South Africa from 1985 to 1988. The features examined include: naming; metaphors; old words with new meanings; words becoming tainted; renaming or lexicalization; overlexicalization; strategies for resisting classification; tense and aspect; modality; voide; ambiguity; negation; indirect speech, free indirect speech, and direct speech; sequence; logical organization of a text; and turn-taking, interruption, and topic control. These examples provide insight into the relationship between language and the power structure in South Africa, and underscore the need for oppositional reading, which concentrates on how a text has been constructed and in whose interest. (MSE)… [PDF]
(2001). Religious Freedom in America. Insights on Law & Society, v1 n2 Win. This magazine aims to help high school teachers of civics, government, history, law, and law-related education program developers educate students about legal issues. This issue focuses on religious freedom in the United States. It contains 11 articles: (1) "Government-Religion Relations in Historical Perspective" (C. Cookson) discusses how differing views of order in colonial, 19th century, and modern times have formed the basis of the relationship between civil authority and religion; (2) "Religious Minorities and the Pressures of Americanization" (E. M. Mazur) discusses how Jehovah's Witnesses, Mormons, and Native Americans make choices within the U.S. constitutional order; (3) "A Variety of Attitudes toward Church-State Relations" (T. G. Jelen; C. Wilcox) presents the findings of a study suggesting that views of church-state relations in the United States are more complex than previously believed; (4) "Debate: Are Publicly Funded School Voucher…
(1980). Students' Rights and Responsibilities Handbook. 1980 Revision. Students, parents, and school authorities are provided information about various laws and regulations pertaining to public school students in this handbook. Fundamental rights and responsibilities of students, including those described in right to education laws and judicial decisions, are discussed. Discipline policies, continuation schools, corporal punishment, dress codes, and smoking areas are covered in the section on student behavior. Proficiency standards, independent study, and school attendance of married or pregnant students are discussed in the section on educational opportunity. Issues of free speech are covered, including religious expression, student organizations, and student newspapers. The relationship between law enforcement agencies and student rights is treated in this handbook. Information useful to administration and school personnel is included in the section covering fees, deposits, and charges, along with sex discrimination issues. The handbook concludes… [PDF]
(1986). Faculty/Staff Nonrenewal and Dismissal for Cause in Institutions of Higher Education. Higher Education Administration Series. This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the employment relationship, tenure status, term contracts, at-will status, academic freedom, public/private distinctions, and overbreadth or vagueness in adequate cause standards. A chapter on adequate cause for dismissal addresses incompetency, neglect of duty, insubordination, and immoral or unethical conduct. Legal challenges to adequate cause are also discussed, covering basic admonitions; denial of due process; denial of free speech, association, or academic freedom; discrimination; and breach of contract. An appendix lists monographs and periodicals providing legal information in secondary and higher education. (Individual chapters contain…
(1979). John Milton's Place in Journalism History: Champion or Turncoat?. Historians of journalism cite John Milton's speech "Areopagitica" as the first major English-language document to articulate the ideas of free speech and freedom of the press. Milton's reputation as spokesman for freedom to publish is sullied, however, by his having served as Cromwell's press licenser. Historians of journalism have attacked Milton's "censorship" as evidence of contradiction and compromise of his ideals. An examination of the nature of his responsibility as licenser within his social, political, and personal situation leads to a different conclusion, however: that his commitment to the ideal of just and virtuous government gave him warrant for direct involvement in the political life of the Commonwealth, and that in his role as licenser, he merely played the role of senior editor rather than authoritarian censor, and contributed little aside from his bureaucratic imprimatur. (DF)…