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Showing 1 to 15 of 20 results
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 2000
Common-school reformists advocated a common curriculum, state financial support and control, a professional teaching force, a social-reform component addressing crime and poverty, and the Americanization of immigrants. This article examines past and possible manifestations of common-school philosophy in contemporary school settings. (Contains 25…
Descriptors: Acculturation, Court Litigation, Crime, Educational Change
Teacher Bilingual Instruction and Educational Malpractice: California Teachers Association v. Davis.
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 2000
As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)
Descriptors: Bilingual Education, Court Litigation, Elementary Secondary Education, Freedom of Speech
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 2000
A total of 20 judges ruled on a 1994 sexual-harassment case including 5 U.S. Supreme Court justices, who decided in a middle- schooler's favor. School districts are liable for violations of Title IX when they knowingly ignore blatant, pervasive abuse that limits a student's educational access. (Contains 28 references.) (MLH)
Descriptors: Court Litigation, Federal Legislation, Peer Relationship, School Responsibility
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1999
The U.S. Supreme Court decided that quadraplegics like Garret F. cannot enter the schoolhouse gate without supportive medical services--vastly different from ordinary nursing services. Are there limits to what government should provide for disabled students? This new responsibility level poses problems for schools and confounds Congress's original…
Descriptors: Elementary Secondary Education, Federal Legislation, Government Role, Medical Services
Peer reviewedDeMitchell, Todd A.; Krysiak, Barbara H. – International Journal of Educational Reform, 1999
Summarizes background and aftermath of 1993 and 1997 New Hampshire Supreme Court unconstitutionality rulings against the state education finance system. Highlights "Claremont II," discussing initial responses, the Rubens constitutional amendment, the governor's ABC Plan, the bipartisan constitutional amendment, the 1998 governor race, and a…
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Finance Reform
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1999
A federal case (West v Derby Unified School District #260) involving a middle schooler's suspension for drawing a Confederate flag (in violation of a school racial-harassment policy) juxtaposes students' rights of free expression with public schools' unique needs. Speech (or artistic expression) that disrupts the educational process must be…
Descriptors: Court Litigation, Freedom of Speech, Racial Discrimination, Secondary Education
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1999
It has been 30 years since the U.S. Supreme Court, in the "Tinker" case, upheld three students' right to wear black armbands protesting the Vietnam War to school. Recent cases involving sagging pants and an African headwrap (dress code violations) did not meet allowable "free-speech" requirements. (MLH)
Descriptors: Court Litigation, Dress Codes, Elementary Secondary Education, Freedom of Speech
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1998
Explores the recent Supreme Court Decision ("Gebser v. Lago Vista Independent School District") on the liability standard Title IX imposes on school districts for the sexual abuse of a student by a teacher. Because the standard of actual knowledge and deliberate indifference by a school official is too high, the student is denied access to legal…
Descriptors: Elementary Secondary Education, Federal Legislation, Legal Responsibility, School Districts
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1998
In a test of affirmative-action policies, a white teacher, Sharon Taxman, filed reverse discrimination charges when her downsizing district terminated her and kept a black teacher of nearly identical qualifications. The case was settled out of court. If the U.S. Supreme Court had heard the case under either the Equal Protection or Title VII…
Descriptors: Affirmative Action, Blacks, Court Litigation, Diversity (Faculty)
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1998
This inservice primer for teachers, consisting of a case study and 10 true/false questions, distinguishes between protections guaranteed by two federal laws, Section 504 of the 1973 Rehabilitation Act and the Individuals with Disabilities Education Act. Emphasis is on eligibility requirements, coverage for certain learning disabilities and health…
Descriptors: Case Studies, Disabilities, Elementary Secondary Education, Federal Legislation
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1998
As a case involving forgotten goggles shows, negligence lawsuits take a damaging toll in terms of money, time, emotion, and self-worth. Educators' best defense is consistently discharging their duties to students in a reasonable, prudent manner. Science teachers should secure all dangerous chemicals, provide adequate supervision, develop proper…
Descriptors: Chemistry, Court Litigation, Elementary Secondary Education, Guidelines
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1997
Conflicts between parents' wishes and school authorities' decisions have historically occurred in several areas, including compulsory education, special education, and curriculum. Reviews legal precedents for parental rights, explores current court cases involving parent/school authority conflicts, and critiques recent state legislation concerning…
Descriptors: Compulsory Education, Condoms, Court Litigation, Curriculum
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1997
In 1978, six federal taxpayers successfully sued the New York City Board of Education, claiming the board's Title I program (allowing public instruction of private-school students) violated the Establishment Clause. In 1995, the NYC Board of Education and parochial-school parents sued for relief from the permanent injunction (and adverse…
Descriptors: Court Litigation, Elementary Secondary Education, Private Schools, Public Schools
Peer reviewedDeMitchell, Todd A.; Streshly, William A. – International Journal of Educational Reform, 1996
Collective bargaining must be transformed and encapsulated so that more effective vehicles can be used to pursue professional and school-reform goals. Trust agreements, waivers, and a season for bargaining are options needing further exploration. A professional union should reform both its contract language and its attitudes. The adversarial model…
Descriptors: Collective Bargaining, Cooperation, Educational Change, Elementary Secondary Education
Peer reviewedDeMitchell, Todd A. – International Journal of Educational Reform, 1996
Two federal appellate courts heard cases with similar fact patterns and the same issue--are school districts liable for student-caused sexually hostile environments under Title IX? Since the courts reached different conclusions, this issue seems ripe for consideration by the Supreme Court. No student should have to run a gauntlet of abuse to…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Females
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