Education & Law: Education in the Era of Individual Rights

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

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