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Full-Text Articles in Education

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein Jun 2019

Would The Ada Pass Today?: Disability Rights In An Age Of Partisan Polarization, Laura Rothstein

Laura Rothstein

The Americans with Disabilities Act of 1990 (ADA) was the most significant civil rights legislation enacted since the Civil Rights Act of 1964. It provided comprehensive protection against discrimination for individuals with disabilities in employment, public accommodations, and public services. It built on § 504 of the Rehabilitation Act that provided these protections only to programs receiving federal financial assistance. It afforded broad access to those individuals who had benefitted from the 1975 Individuals with Disabilities Education Act. This complex and far-reaching legislation was made possible by a confluence of timing and the right people at the right place at …


How Transformational Theory Can Be Used To Understand The Personal Experience Of Being Bullied In The Workplace, Salma A. Hadeed Jun 2014

How Transformational Theory Can Be Used To Understand The Personal Experience Of Being Bullied In The Workplace, Salma A. Hadeed

salma a hadeed

No abstract provided.


Transgender Individuals' Access To College Housing And Bathrooms: Findings From The National Transgender Discrimination Survey, Kristie Seelman Apr 2014

Transgender Individuals' Access To College Housing And Bathrooms: Findings From The National Transgender Discrimination Survey, Kristie Seelman

Kristie L Seelman

Within higher education settings, transgender people are at risk for discrimination and harassment within housing and bathrooms. Yet, few have examined this topic using quantitative data or compared the experiences of subgroups of transgender individuals to predict denial of access to these spaces. The current study utilizes the National Transgender Discrimination Survey to research this issue. Findings indicate that being transgender and having another marginalized identity matters for students’ access to housing and bathrooms. Trans women are at greater risk than gender non-conforming people for being denied access to school housing and bathrooms. Implications for practice and research are detailed.


Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris Dec 2013

Presumed Incompetent: Continuing The Conversation (Part I), Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …


Diversity Case Study, Salma A. Hadeed Sep 2013

Diversity Case Study, Salma A. Hadeed

salma a hadeed

Diversity brings new talent and creativity in an organization with ideas and beliefs from different backgrounds. Diversity includes race, culture, age, disabilities, ethnicity, socioeconomic backgrounds, gender and sexual orientation. Imagine the workplace as a melting pot that includes all of these diverse affiliations. One would think that where diversity exists, there would be an amicable relationship amongst employees; a creation of colorful ideas being thrown together, however this is not always the case. Even though diversity is looked at as a broad spectrum, this case study would be focusing on only one: sexual orientation in the workplace.


Marriage Vows And Economic Discrimination: The Married Teacher Problem, Sabrina Thomas Jul 2013

Marriage Vows And Economic Discrimination: The Married Teacher Problem, Sabrina Thomas

Sabrina Thomas

This study analyzes the rapid increase of economic discrimination against married women teachers in the early twentieth century, particularly during the Depression. It challenges the notion that economic discrimination against married women teachers was simple, easy, and largely was unchallenged. I argue that the creation and proliferation of marriage bars in the early twentieth century involved a compounded and multifaceted set of economic and social concerns. Support for this argument is accomplished by examination of the national debate on marriage bars as well as careful investigation of the local debate illustrated in Huntington, West Virginia.


Discrimination In The Work Place On The Increase, Jamie Knop Jan 2013

Discrimination In The Work Place On The Increase, Jamie Knop

Jamie Knop

As we all know, unemployment rates are on the increase at the moment. Conversely, what many of us don’t know is that when the economy is poor, claims for discrimination in the workplace subsequently increase.


"All Areas Of Suspected Disability", Mark C. Weber Jan 2013

"All Areas Of Suspected Disability", Mark C. Weber

Mark C. Weber

The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …


The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman Dec 2012

The Rights Of Disabled Students, Derek W. Black, Robert A. Garda Jr., John E. Taylor, Emily Gold Waldman

Robert A. Garda

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in …


Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris Dec 2012

Introduction: Presumed Incompetent: Continuing The Conversation (Part Ii), Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

On March 8, 2013, the Berkeley Journal of Gender, Law & Justice hosted an all-day symposium featuring more than forty speakers at the University of California, Berkeley School of Law to celebrate and invite responses to the book entitled, Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutiérrez y Muhs, Yolanda Flores Niemann, Carmen G. González & Angela P. Harris eds., 2012). Presumed Incompetent presents gripping first-hand accounts of the obstacles encountered by female faculty of color in the academic workplace, and provides specific recommendations to women of color, allies, and academic leaders on ways …


Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr. Jan 2012

Disabled Students' Rights Of Access To Charter Schools Under The Idea, Section 504 And The Ada, Robert A. Garda Jr.

Robert A. Garda

Charter schools are under increasing attack for denying admission to disabled students. But traditional schools also turn away disabled students, often preventing them from attending schools in their neighborhood or within their district. This Article discusses when a school is permitted under federal disability law to deny admission to a disabled student. After nearly four decades of special education jurisprudence and regulatory guidance, the circumstances under which a student with a disability may be denied admission to a particular school are still remarkably unclear. This Article first discusses the "zero-reject" principle underlying the Individuals with Disabilities Education Act and concludes …


Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber Jan 2012

Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark C. Weber

Mark C. Weber

Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …


Ten Hypotheses About Tolerance Among Latin American Adolescents, Daniel Caro, Wolfram Schulz Dec 2011

Ten Hypotheses About Tolerance Among Latin American Adolescents, Daniel Caro, Wolfram Schulz

Dr Wolfram Schulz

Discrimination on the grounds of sexual orientation, race, mental and/or physical disability, religious background, HIV/AIDS status, and ethnic origin affects the well-being of minorities and society in general. Recent research in North America underscores the importance of contact with diverse networks, intergroup discussions, a social dominance orientation, religious beliefs, and the school climate, among other factors, to explain tolerance for minorities. Theoretical and empirical work in Latin America is less extensive and has been limited by the lack of quantitative data. This article evaluates 10 different hypotheses about tolerance, using data from eighth-grade students in six Latin American countries that …