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Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Article
Publication date: 27 November 2007

Michael Providenti and Robert Zai

The purpose of this paper is to clarify the standards, guidelines, and laws which affect web accessibility for academic library web sites in the USA as well as an…

Abstract

Purpose

The purpose of this paper is to clarify the standards, guidelines, and laws which affect web accessibility for academic library web sites in the USA as well as an explanation of the mechanism by which accessibility is enforced.

Design/methodology/approach

Along with the current W3C standards, the current Federal codes and regulations were examined, and in the case of codes and regulations, reaffirmed by the Department of Education's Office for Civil Rights.

Findings

Despite the absence of an explicit connection between Section 504 and Section 508, public and private academic colleges and universities libraries must provide accessible web sites, as guaranteed by the “effective communication” standard found in Section 504 as interpreted by the Department of Education's Office for Civil Rights, as well as Title II of the Americans with Disabilities Act.

Research limitations/implications

Having the authority to withhold Federal funding, the Department of Education's Office for Civil Rights has successfully mandated accessible academic web sites where a complaint has been submitted.

Practical implications

The research will provide academic library web developers with a comprehensive legal and practical framework and rationale for providing an accessible library web site for all.

Originality/value

The research provides a comprehensive view of web accessibility standards and laws as they apply to academic libraries.

Details

Library Hi Tech, vol. 25 no. 4
Type: Research Article
ISSN: 0737-8831

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Book part
Publication date: 14 July 2014

Donna Y. Ford

This chapter examines underrepresentation among African American and Hispanic students in gifted education using the perfect storm analogy, arguing that social inequality…

Abstract

This chapter examines underrepresentation among African American and Hispanic students in gifted education using the perfect storm analogy, arguing that social inequality, elitism, and colorblindness are three forces that contribute to the poor presence of these groups in gifted education. Underrepresentation trends are presented, along with methods for calculating underrepresentation and inequity. Underrepresentation is placed under the larger issues of achievement gaps, and inequitable school practices, specifically de jure segregation. Models and discussions of social inequality, elitism, and colorblindness are presented to explain that the magnitude of underrepresentation is beyond statistical chance and a function of decision makers’ attitudes and beliefs grounded in deficit paradigms. The primary theses and admonitions are that gifted education underrepresentation is counterproductive in such a culturally different nation, and that desegregating gifted education is nonnegotiable. Suggestions for desegregating gifted education and eliminating inequities are provided.

Details

Gifted Education: Current Perspectives and Issues
Type: Book
ISBN: 978-1-78350-741-2

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Book part
Publication date: 14 December 2015

Axel Schmetzke

The author takes a comprehensive look at the accessibility of e-resources for all people, including those with disabilities, in the context of collection development (CD).

Abstract

Purpose

The author takes a comprehensive look at the accessibility of e-resources for all people, including those with disabilities, in the context of collection development (CD).

Methodology/approach

Employing a combination of research methodologies policy analysis, content analysis, and phone survey—the author explores the extent to which the needs of people with disabilities are considered.

Findings

Several professional library organizations recommend accessibility-sensitive selection and procurement procedures. However, not all students enrolled in library school programs might learn about the issue. Few books on the subject cover the issue adequately. Nationwide, CD policies requiring conformance to accessibility standards are the exception; and when librarians meet to make decisions about the selection of specific e-resources, the needs of people with disabilities are rarely on their radar screens.

Research limitations/implications

Researchers conducting similar surveys in the future might want to not only select a statistically more representative sample of academic libraries but also widen their focus and include both accessibility and usability in their investigations.

Practical implications

Textbook authors and course instructors in the area of CD need to address accessibility and usability. Librarians need to raise the issue with database and e-book vendors during license negotiations.

Social implications

The acquisition of e-resources designed to be accessible and usable for all will enable people with disabilities to participate more fully in our information-driven society.

Originality/value

The data collected provide for a broad discussion of the extent to which the needs of people with disabilities are considered in connection with CD.

Details

Accessibility for Persons with Disabilities and the Inclusive Future of Libraries
Type: Book
ISBN: 978-1-78560-652-6

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Book part
Publication date: 14 July 2014

Jaime A. Castellano and Michael S. Matthews

Gifted education suffers from the lack of a legal definition of giftedness and federal mandate for the provision of services in schools, and also from a lack of any…

Abstract

Gifted education suffers from the lack of a legal definition of giftedness and federal mandate for the provision of services in schools, and also from a lack of any federal funding to provide services. These lead to a situation characterized by extreme inconsistency in provision of educational services across locations, sometimes even within the same school district. We offer a historical perspective on these issues and a view of the current status of gifted education services, followed by discussion of relevant legal issues in this context.

Details

Gifted Education: Current Perspectives and Issues
Type: Book
ISBN: 978-1-78350-741-2

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Book part
Publication date: 27 October 2017

Jo Teut

Purpose: In this chapter, I critically examine how federal regulation and guidance impact gender policing and transgender inclusion within educational institutions.…

Abstract

Purpose: In this chapter, I critically examine how federal regulation and guidance impact gender policing and transgender inclusion within educational institutions.

Approach: I utilize feminist critical discourse analysis to examine the “Dear Colleague Letter on Transgender Students” and its underlying assumptions related to transgender inclusion and gender policing in institutions of education.

Findings: While the federal regulations and guidance currently in place protect some transgender individuals, they also re-stigmatize some transgender individuals by policing the acceptable ways of being transgender and reinforcing the gender binary.

Social Implications: I suggest other areas within the educational institution to address in order to achieve transgender inclusion.

Value of Paper: This chapter critically examines the logistics and effects of federal regulation on gender and transgender inclusion.

Details

Gender Panic, Gender Policy
Type: Book
ISBN: 978-1-78743-203-1

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Book part
Publication date: 18 December 2016

LaTanya N. Buck and Purvi Patel

Black people have been historically, legally, and systematically blocked from accessing U.S. educational opportunities at all levels. Institutions, policies, and…

Abstract

Black people have been historically, legally, and systematically blocked from accessing U.S. educational opportunities at all levels. Institutions, policies, and affirmative action efforts have all influenced the racial desegregation of public education, which had legal and social implications for higher education. While legislation provided a way for black students to enroll into predominantly white institutions, students were met with racial tension and discrimination. The integration efforts of the 1960s focused primarily on black students, and later on, other students of color; this led to the creation of many race-centric resources and support services for students.

Today, however, as conversations on race have transitioned toward diversity, racial justice efforts are often diluted in the creation of broadly reaching diversity and inclusion efforts. Black cultural centers have since transitioned to minority and multicultural offices to now diversity and inclusion centers. The authors understand that the progression of student issues, needs, and concerns presents a need to broaden diversity efforts. Yet, race-related incidents, specifically, continue to serve as a foundation for the creation of diversity offices that are oftentimes designated as “catch all” efforts. In this chapter, the authors will provide historical racial context for current diversity efforts within higher education and discuss the contemporary role of race and racial justice within diversity work in higher education.

Details

The Crisis of Race in Higher Education: A Day of Discovery and Dialogue
Type: Book
ISBN: 978-1-78635-710-6

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Book part
Publication date: 12 September 2017

Kish Cumi, Ahmad Washington and Arash Daneshzadeh

The proliferation of zero-tolerance behavioral policies and the presence of school resource officers (SROs) are receiving justifiable scrutiny for the deleterious effects…

Abstract

The proliferation of zero-tolerance behavioral policies and the presence of school resource officers (SROs) are receiving justifiable scrutiny for the deleterious effects they have on students’ functioning. While many have argued the convergence of these policies thwart the development of Black and Latino boys, critiques examining the experiences of Black girls are scant. Disaggregated disciplinary data from across the country reveal “… black girls are suspended at higher rates (12%) than girls of any other race or ethnicity and most boys …” (U.S. Department of Education Office for Civil Rights, 2014, p. 1) suggesting that when it comes to schooling, Black girls are, indeed, “pushed out, overpoliced and underprotected” (Crenshaw, Ocen, & Nanda, 2015, p. 1). The authors of this chapter argue that youth advocates can use hip-hop culture, a tradition rich with resistant prose, to develop critical consciousness and engage Black girls in discussion about socially contrived binaries that reinforce the STPP. The authors demonstrate how the anti-oppressive lyrics of women emcees (e.g., Rapsody, Sa-Roc) can foster therapeutic alliances and dialogues with young Black girls, and how these lyrics might serve to inspire Black girls in composing their own counterhegemonic autobiographical narratives to resist the school-to-prison pipeline.

Details

The Power of Resistance
Type: Book
ISBN: 978-1-78350-462-6

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Book part
Publication date: 1 December 2014

Marwin J. Spiller and Jeffrey Porter

The drive to improve learning and safety in our nation’s public schools has resulted in the widespread adoption of zero-tolerance disciplinary policies. The practice of…

Abstract

Purpose

The drive to improve learning and safety in our nation’s public schools has resulted in the widespread adoption of zero-tolerance disciplinary policies. The practice of punishing any school infraction regardless of extenuating circumstances has been particularly detrimental to students of color. Black and Latino students are more likely to be suspended, expelled, and/or referred to law enforcement for nonviolent and/or minor infractions. Students who are removed from school fall behind academically and have an increased risk of being arrested and thrust into the criminal justice system. This reality has moved the Obama administration to urge school officials to abandon overly zealous disciplinary policies. However, the recommendations set forth by the Obama administration are nonbinding and fail to address the root causes of racially discriminatory school discipline practices.

Findings

Any meaningful effort to understand and/or disrupt the pattern of pushing students out of schools and funneling them into the criminal justice system must consider the adverse effects of the following three factors: (1) unchecked racial biases among school personnel, (2) inadequately resourced poor performing schools, and (3) the ever-expanding economic inequality in society. Omitting of any of these items from the guidelines and recommendations represents a glaring limitation of the Supportive School Discipline Initiative as a tool for addressing racial disparities in school discipline and the school to prison pipeline.

Originality/value

We aim to show that students of color would benefit from “need-based” educational reforms, a Presidential Administration that directly addresses racial inequality, and economic policies that target the most financially strapped communities.

Details

The Obama Administration and Educational Reform
Type: Book
ISBN: 978-1-78350-709-2

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Article
Publication date: 1 June 2006

Ellen Eardley and Jessica Manvell

The purpose of this article is to document the extent of girls' under‐representation in nontraditional high school career and technical education courses, examine the role…

Abstract

Purpose

The purpose of this article is to document the extent of girls' under‐representation in nontraditional high school career and technical education courses, examine the role of sex discrimination in these disparities, and identify legal remedies for addressing the problem.

Design/methodology/approach

This article uses high school CTE enrollment data from 12 states to document female students' under‐representation in nontraditional courses and uses wage data to show the negative implications for girls' future earnings. Drawing on the experiences of female students, this study explains how sex discrimination contributes to their low rates of participation in nontraditional training. The study then discusses how laws and regulations at the federal and state levels may provide means to address such discrimination.

Findings

Finds high levels of sex segregation in CTE course enrollment, with female students making up on average 15 percent of students in nontraditional courses and 87 percent in traditionally female fields. Substantial evidence of sex discrimination in CTE makes a strong case for its role in contributing to girls' low enrollment in nontraditional courses. Varied state laws can be utilized to address this underlying cause.

Originality/value

While much research has looked at girls in math and science, less attention has been paid to their participation in nontraditional CTE. This paper offers quantitative evidence of girls' under‐representation in such courses and qualitative evidence of the role sex discrimination plays. Offers a unique solution by showing how state laws can be used to address such discrimination and increase girls' participation in nontraditional training.

Details

International Journal of Manpower, vol. 27 no. 4
Type: Research Article
ISSN: 0143-7720

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