Education & Law: Education in the Era of Individual Rights

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by W.F. Foster, ed.
Production/Release Date: May 1994

Papers presented at the Fourth Annual CAPSLE Conference in Halifax, 1993.

A. Sexual Misconduct in Schools

  • Tom Ulrich Sexual Misconduct in Schools: The Impact on Education
  • Earle Tubrett How Teachers and Teacher Organizations Should Respond to Criminal Charges of Sexual Misconduct Involving Students
  • Warren K. Zimmer The Investigation of Allegations of Sexual Misconduct against School Board Employees: Steps to Follow, Factors to Consider
  • Catherine Stewart Sexual Misconduct and School Board Employees Public Relations Issues
  • Judith K. Simonsen-Cairns Students Rights to a Learning Environment Free of Sexual Harassment


B. The Disruptive Student


  • Donald J. Feron On Behalf of the Disruptive Student
  • Sonia W. Masciuch, Ph.D. The Disruptive Student: The School Psychologist’s Perspective
  • Jim Gunn Disruptive Students from a School District Perspective
  • Martha Mackinnon The Disruptive Student: School Board Perspective
  • Gordon Foster Preventive Law: A Proactive Approach to School Discipline
  • Michael Hines «Remember Us?» - The Rights of Non-Exceptional Students in the Special Education Process


C. Student Records and Evaluations


  • Leo P. Whelan Confidentiality of School Files
  • Eric M. Roher The Rights of Divorced or Separated Parents to Information Relating to Their Child’s Education
  • Rilda van Feggelen Student Evaluation: The Rights and Duties of Teachers, Principals, School Professionals and School Boards - The School Psychologist’s Comments
  • Jack Graham Student Evaluations and Placements: The Right and Liabilities of Teachers and Principals


D. Student Rights


  • J. Paul R. Howard Human Rights and School Students: An Outline of the Legal Perspective
  • Kathy Gregory Special Rights for Students: The Young Offenders Act


E. Special Education


  • J.A. Bancroft Charter Issues in Special Education
  • William J. Smith Equal Educational Opportunity for Students with Disabilities in Canada


F. Religious Education


  • Robert G. Keel & Marie Nickle Alternative Education: Is there a Right to It? The Canadian and U.S. Experience
  • Larry Taman Caring Neutrality in Religious Education


G. School Administration and Management


  • Brian A. Kelsey Money, Education, Equity and the Constitution
  • John Haysom School Closures: Rights of Students, Parents and School Boards - A Case Study from a Parents’ Perspective
  • Peter McLellan School Closures from the Perspective of the School Board
  • Sandra Everett School Board Members: The Right to Free Speech?
  • David H. Jenkins School Board Members: Right to Free Speech?
  • Annette M. Boucher & Elaine Molgat Le droit garanti à l’article 23 de la Charte vs. le maintien d’une éducation de qualité en français
  • Janis Jones-Darrell Racism, Human Rights and School Students


H. Staff Employment


  • W. Wayne Thistle & Marie I. Donovan The Requirement of Procedural Fairness in The Dismissal of Senior Educational Administrators
  • Wendy J. Devine Procedural Fairness in the Dismissal of Senior Educational Officials: the Effect of Knight v. Indian Head School Division No. 19
  • John Staple The Liability of Teachers for Off-Duty Conduct and the «Just Cause» Standard in Denominational Schools
  • John C. MacPherson The Rights of Individual Employees vis-à-vis their Unions: The Individual’s Perspective
  • Terry L. Roane The Union and the Rights of the Individual


I. Post-Secondary Education


  • Alan Andrews Academic Freedom in a Politically Correct Environment
  • Eric McKee Human Rights and University Students: Towards a University Policy on Racism and Sexism - The Dalhousie Experience
  • Noella Martin Human Rights and University Students
  • Paul Thomas Senate Academic Appeals and «Fairness»
  • William F. Foster Some Thoughts on Tenure and Periodic Post-Tenure Review