Discusses how legal issues impinge upon teacher competency testing, describing key legal provisions (antitrust protection, due process, equal protection, substantial adverse impact, and business necessity), and examining each one's impact on testing and teacher certification. Recommendations to help teacher educators ensure legal, credible, and…

Economic justice means taking the personhood of poor people into account; respecting their needs, personal ambitions, rights, and dignity; and affording equal opportunity and equal access to education, health care, housing, and jobs. Examples of injustice to minority groups are provided, citing the Universal Declaration of Human Rights. (SLD)

Study surveyed North Carolina school superintendents (n=140) and high school seniors (n=300) on the extent of teacher-student sexual harassment. Data revealed discrepancies between the number of teachers disciplined for student sexual harassment and the number of students claiming harassment. Presents a structure for establishing guidelines to…

Describes the court case of Chicago v. Morales in which an anti-loitering ordinance challenged the constitutional right of assembly by giving the police the power to disperse anyone associated with gang members in public. Illustrates the importance of retaining Fifth Amendment rights even after pleading guilty in the case of Mitchell v. U.S. (CMK)

Schools have a legal, ethical, and moral obligation to provide to all students equal access to education and equal protection under the law. For many sexual minority students, however, schools are unsafe and survival, not education, is the priority. Schools typically do not have the information, interest, or comfort level to address the needs of…

Many departments in higher education institutions actively recruit women and minority candidates for faculty positions. When a department decides that an available position should be filled by a woman, are the supporting rationales legally sound? This paper describes some basic principles of federal law that address issues of affirmative action…

To provide information about legal decisions on home-based private education programs, court cases decided since 1980 and the courts' analyses of constitutional issues raised during litigation are summarized. The memorandum discusses cases that involved challenges to the constitutionality of state home schooling regulations and are based on: (1)…

The obligations of colleges and universities under existing laws prohibiting sex discrimination against employees and students are summarized. Principal federal sources of legal obligation regarding employees are the equal protection clause of the Fourteenth Amendment, Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and…

This book examines the life of Ella Baker, the civil rights worker who was a key figure in the formation of the Student Nonviolent Coordinating Committee (SNCC), the Southern Christian Leadership Conference (SCLC), and other civil rights organizations. The biography, which is aimed at young readers aged 10 and older, recounts the history of the…

The widespread use of testing to make critical individual decisions concerning education or employment opportunities, coupled with growing vigilance by the handicapped community, may mean increased legal scrutiny regarding this type of testing. The measurement community is also aware of difficult, perhaps unresolvable psychometric problems…

Title IX mandates that pregnant students, regardless of marital status, have the same rights and responsibilities as other students. Because social pressures on pregnant and parenting students to leave school still exists, schools have been required to develop responses to their needs. To examine these responses and subsequent programs from the…

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

This report contains the following information in regard to the Women's Educational Equity Act: a brief description of the original and reauthorizing legislation, analysis of grant applications received and funded in the 1979 fiscal year, summaries of grant and contract awards for the fiscal year, and identification of products developed under…

This monograph explores the Hispanic experience of the criminal justice system by examining statistics provided by Federal, State, and local agencies. A review of the literature provides a theoretical perspective from which to view the data. Examination of the first set of data begins with a description of the experiences of Puerto Ricans in the…

The illegal Mexican migration to the U.S. has resulted in judicial and statutory responses that have constrained the constitutional and civil rights of Chicanos. The Supreme Court, in its concern for stopping the flow of illegal immigrants, has ruled in U.S. v. Martinez-Fuerte that it is not a constitutional violation to refer motorists to a…