Culturally and linguistically diverse families present schools with unique challenges related to eligibility and programming for special education. There has been a dearth in the literature for this population, especially from a legal standpoint. Existing literature has offered scarce information to address the legal rights and responsibilities of…

In this article, we use a recent Manitoba child custody case to provide a legal and ethical account of the notion of the best interests of the child. We explore the tension between the best interests of the child and parental rights to expression of a racist nature. We consider how the interests of different actors--the state, parents and…

This article provides historical and legal context and resources for readers (and in many cases their students) about the threshold period when this country changed from a legally segregated society to one of greater freedom. The body of the article provides background for "Brown" and related stories, a primer on the structure of the legal system,…

The "Research & Action Report," published twice a year, is a window on the activities and initiatives at the Wellesley Centers for Women. The report typically features news about the Centers, interviews with researchers, commentary on recent events or social trends affecting women and girls, announcements of new publications, and…

The concept of comparable worth bases its legal claims in the Equal Pay Act of 1963, the Civil Rights Act of 1964, and a 1981 decision of the United States Supreme Court. Still, assertions that comparable worth should be invoked to correct wage discrimination have usually been rejected in federal courts. (PGD)

A federal district court judge in Iowa ruled that an education service agency unreasonably denied equal employment opportunity to a handicapped applicant for a teaching position. The agency based its decision on the candidate's inability to meet physical requirements for job functions that the court held nonessential. (PGD)

Reviews state requirements for minimum competency testing and discusses past and potential future challenges to such testing. Offers possible solutions. (MD)

The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…

The judicial trend is against according broad First Amendment protection for teacher grievants. Administrators who do not support legitimate labor activity, however, may experience teacher retaliation. (CJH)

A study of federal court decisions issued between February 1969 and the end of 1982 revealed that while students do have clearly defined constitutional rights, they also have many legal responsibilities. Forty-two areas of student responsibility are discussed, and 135 relevant court cases are cited. (PGD)

Since school busing has not desegregated schools, a plan is presented allowing students to transfer with free transportation within a school district. If this plan is not adopted, the need is cited for federal legislation that prohibits compulsory busing from placing a burden on any race. (MD)

Rights for people with mental handicaps include claim rights and moral rights, which are associated with routine discrimination and fundamental discrimination, respectively. In Britain, people with mental handicaps are routinely denied both types of rights. Greater protection would be offered through a "Code of Practice" and consistent…

"State action" is a term used to describe claims arising under the due process clause of the Fourteenth Amendment and the Civil Rights Act for which a private party is seeking damages because the state has violated that party's civil rights. Cases are summarized illustrating the doctrine's evolution over the past century. The 1875 Civil…

Describes the concept of comparable worth, discusses opposing views concerning whether inequities in pay are results of discrimination, considers efforts to determine the comparability of jobs, including teaching, notes the possible impact of implementing comparable worth legislation, and cites developments in state legislation and local school…

The legal parameters concerning how and when to properly graduate special education students are examined, through review of the United States Constitution, the Rehabilitation Act, the Education of All Handicapped Children Act, and subsequent case law. Recommendations on how school districts can properly terminate services are also presented.…