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Mediation: A Common Sense Approach for Resolving Conflicts in Education.
| Content Provider | Semantic Scholar |
|---|---|
| Author | Dobbs, Randall F. Primm, Edith B. Primm, Betsy |
| Copyright Year | 1991 |
| Abstract | Because education is such an integral part of American society, one can discern a great deal about the greater society from studying the educational microcosm. The 27 years since the landmark U.S. Supreme Court decision in 1954 in Brown v. the Board of Education of Topeka, Kansas (74 S.Ct. 686) offer clear evidence of this continuing truth. Barely a generation ago a parent or a school system rarely considered suing one another in a court of law. Today, lawsuits have become so routine that the whole area of school law is fast becoming a specialty both for the plaintiffs and for the defense bar. Twenty years ago only a handful of cases involving children with disabilities had been decided. After passage of the Education for All Handicapped Children Act (Public Law 94-142) and its subsequent amendments [the latest being Public Law (PL) 101-476, the Individuals with Disabilities Education Act in 1990 (IDEA)], case law from states and from federal courts has mushroomed. During this same time period in which special education law has been developing, American society has experienced a phenomenal increase in civil rights statutes and subsequent lawsuits defining those rights. The culmination of these civil rights statutes appeared with the passage of the Americans with Disabilities Act in 1990, affecting employment of people with disabilities throughout the United States. A statute effecting greater access to rights for American citizens carries under our system the concurrent ยท right to procedural safeguards. These safeguards ensure that all those eligible for substantive rights are not arbitrarily or otherwise illegally denied access to them. Nevertheless, an increase in rights carries with it an increase in expectations and often an unclear understanding of exactly to whom the rights apply and in what way and under what circumstances these rights are to be applied. Concurrently, one person's right to an education or a job may directly impinge upon that same right of another person. Is such a situation right? Legal? Knowing what is legal and what is right and, indeed, knowing whether it is in a person's best interest to pursue one or the other if they are not the same, can create conflict for an individual, a family, a group, or an entire organization. Knowledge of law both |
| Starting Page | 1 |
| Ending Page | 11 |
| Page Count | 11 |
| File Format | PDF HTM / HTML |
| DOI | 10.17161/foec.v24i2.7535 |
| Volume Number | 24 |
| Alternate Webpage(s) | https://journals.ku.edu/FOEC/article/download/7535/6869 |
| Alternate Webpage(s) | https://doi.org/10.17161/foec.v24i2.7535 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
