Higher Education

Educational Policy and the Law, 5th Edition

  • Mark G. Yudof President, University of California
  • Betsy Levin Former General Counsel, U.S. Department of Education
  • Rachel Moran Dean, UCLA School of Law
  • James E. Ryan University of Virginia School of Law
  • Kristi L. Bowman Michigan State University College of Law
  • ISBN-10: 0495813168  |  ISBN-13: 9780495813163
  • 1056 Pages
  • Previous Editions: 2002, 1991
  • © 2012 | Published
  • College Bookstore Wholesale Price = $264.75
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This comprehensive casebook presents thorough coverage of a complex and dynamic subject--educational law and policy in the elementary and secondary school setting. With an emphasis on the interplay between law and policy, legal decisions, and educational practice, the book's interdisciplinary approach provides a wide range of perspectives on the most pressing issues in the field. Cases, legislation, and articles, all of which are accompanied by notes and discussion questions, clarify the issues and bring them to life. The book draws upon a range of social science sources as well as conventional legal materials to describe and analyze how policy problems become legal matters. The authors also help students make sense of legal decisions by canvassing alternative solutions and specifying the effects of legally mandated change. The book can be covered in its entirety in a one-semester course, meeting three hours each week; particular chapters or sets of chapters have sufficient depth and detail for more focused courses.

Features and Benefits

  • Important cases in education law are excerpted at length.
  • Footnotes at the bottom of the page (instead of at the end of the chapter) make it easy and convenient for students to focus on relevant aspects of law under discussion.
  • Notes and questions throughout each chapter provide opportunities for interesting classroom discussions, and engage students in critical thinking.
  • Coverage includes a complete discussion of the Establishment Clause and the meaning of separation of Church and State in the public schools, a thorough analysis of accountability and standards testing, and in-depth treatment of school finance litigation.
  • The book also discusses legal issues involved with school choice, site-based management, and privatization; and important cases in the areas of students' rights to free speech, privacy, and equal treatment.

Table of Contents

1. The Pierce Compromise and Its Implications for Education Governance.
2. Compulsory Schooling, Public Policy, and the Constitution.
3. State Regulation of Nonpublic Schools.
4. Home Schooling.
5. Discrimination and Private Education.
6. State Aid to Private Schools.
7. Introduction.
8. Religious, Political, and Moral Socialization.
9. Opening the School to Alternative Ideas.
10. Introduction.
11. Governmental Regularity and School Rules.
12. Gathering the Evidence to Prove the Infraction.
13. Procedural Due Process.
14. Introduction.
15. The Judicial Response to School Segregation: The Brown Decision.
16. The Progress of School Desegregation: 1954-1968.
17. Desegregation: Evolution of a Constitutional Standard.
18. Desegregation: An Emerging National Standard.
19. End of an Era?
20. School Desegregation: The Role of the Political Branches.
21. "Second Generation" Problems.
22. Introduction.
23. The Search for a Constitutional Standard.
24. The Legislative Framework: Title IX of the Education Amendments of 1972.
25. Conclusion.
26. Introduction.
27. Ethnicity and National Origin.
28. Disability: From "Incapable of Benefiting" from an Education to the Right to an "Appropriate" Education.
29. Poverty and Homelessness.
30. Conclusion.
31. Introduction.
32. Interdistrict Inequalities.
33. Intradistrict Inequalities.
34. The Right to a "Free" Public Education.
35. Race and School Finance.
36. Introduction.
37. Federal, State, and Local Authority over Educational Decision Making.
38. The Balance of Power: Elected Officials, Career Professionals, and Courts.
39. Schools and Markets.
Appendix: United States Constitution.
Index of Authors.
Subject Index.

What's New

  • This edition includes a thorough discussion of the No Child Left Behind Act.
  • Recent cases that address key questions of educational law and policy are covered. These include Parents Involved in Community Schools v. Seattle School District No. 1 on the constitutionality of voluntary desegregation plans, and Speaker of the Arizona House of Representatives v. Flores on the limits of federal courts' remedial powers under the Equal Educational Opportunities Act.
  • Other new cases include Morse v. Frederick on the free speech rights of students and Safford Unified School District v. Redding on the Fourth Amendment rights of students.
  • Up-to-date content includes emerging trends in scholarly literature, case law, and policy-making.

Meet the Author

Author Bio

Mark G. Yudof

Mark G. Yudof became the 19th University of California president in the summer of 2008. Previously, he served as chancellor of the University of Texas system since August 2002, and president of the University of Minnesota from 1997 to 2002. Before that, he was a faculty member and administrator at UT Austin for 26 years, serving as dean of the law school from 1984 to 1994 and as the university's executive vice president and provost from 1994 to 1997. His career at UT Austin began in 1971, when he was appointed an assistant professor of law. He has continued to teach throughout his administrative career. While on the UT law faculty, he was also a visiting professor at the law schools at the University of Michigan and UC Berkeley, and conducted research as a visiting fellow at the University of Warwick in England. Yudof is a distinguished authority on constitutional law, freedom of expression and education law who has written and edited numerous publications on free speech and gender discrimination, including "Educational Policy and the Law." He is a fellow of the American Academy of Arts and Sciences and a member of the American Law Institute. He recently completed a two-year term on the U.S. Department of Education's Advisory Board of the National Institute for Literacy and has served as a member of the President's Council on Service and Civic Participation. A Philadelphia native, he earned an LL.B. degree (cum laude) in 1968 from the Law School of the University of Pennsylvania, where he also earned a B.A. degree (cum laude with honors in political science) in 1965. He was awarded the Alumni Award of Merit (2001) and the prestigious James Wilson Award (2004) by the University of Pennsylvania Law School for his many years of service and contributions to the legal community.

Betsy Levin

Betsy Levin has taught courses in Constitutional Law and Educational Policy and the Law for nearly 40 years. She has served in a number of administrative positions, including Executive Vice President and Director of the Association of American Law Schools, and Dean of the University of Colorado School of Law. Prior to joining the University of Colorado, Professor Levin served as the first General Counsel of the U.S. Department of Education, having come to the Department from the faculty of Duke Law School, where she had taught for eight years. In recent years, she has been a visiting professor of law at the Universities of North Carolina, American, Georgetown, Howard, Baltimore, Puerto Rico, New York University, Nova Southeastern, and Chapman. Earlier government service includes her appointments to the Civil Rights Reviewing Authority of the Department of Health, Education and Welfare, and to the National Council for Educational Research of the National Institute of Education. Levin has more recently served as a consultant to the U.S. Department of Education, the U.S. Department of Health & Human Services, and the National Association of Women Judges, as well as to several universities and law schools. Professor Levin's books, articles, and other publications address issues involving equal educational opportunity, education finance, the federal role in education, and the constitutional and statutory rights of teachers and students. Levin received her law degree from Yale Law School, clerked for a U.S. Court of Appeals judge on the Fourth Circuit, and then served as special assistant to the U.S. Ambassador to the United Nations, before joining the Urban Institute as its Director of Education Studies.

Rachel Moran

Rachel F. Moran is Dean and Michael J. Connell Distinguished Professor of Law at the UCLA School of Law. Prior to her appointment at UCLA, Professor Moran was Robert D. and Leslie-Kay Raven Professor of Law at UC Berkeley School of Law. From July 2008 to June 2010, Moran served as a founding faculty member of the UC Irvine Law School. While at Berkeley, Professor Moran received a Distinguished Teaching Award from the campus, and she served as Director of the Institute for the Study of Social Change as well as Chair of the Chicano/Latino Policy Project (now the Center for Latino Policy Research). Moran is highly active in the legal and academic community. She was appointed as President of the Association of American Law Schools (AALS) in 2009. She is a member of the American Law Institute, the Phi Beta Kappa Senate, the Steering Committee for UC ACCORD, and the Board of Advisors for the Texas Hispanic Journal of Law and Policy. She previously served on the Executive Committee of the Association of American Law Schools, the Standing Committee of the Division of Public Education, American Bar Association and the Executive Board of the Berkeley Law Foundation. In addition, in 2003 she chaired the Planning Committee for Taking Stock: Women of All Colors in Law Schools for the Association of American Law Schools. Moran's numerous publications include: Race Law Stories (with Devon Carbado, Foundation Press, 2008); Interracial Intimacy: The Regulation of Race and Romance (University of Chicago Press, 2001); "Let Freedom Ring: Making Grutter Matter in School Desegregation Cases," 63 University of Miami Law Rev. 475 (2009); "Rethinking Race, Equality and Liberty: The Unfulfilled Promise of Parents Involved," 69 Ohio State University Law Review 1321 (2008); and "Fear Unbound: A Reply to Professor Sunstein," in 42 Washburn Law Journal 1 (2003).

James E. Ryan

Jim Ryan joined the UVA Law School faculty in 1998 after completing a two-year public interest fellowship in Newark, N.J. He teaches law and education, constitutional law, land use law, local government law and is an instructor in the Supreme Court litigation clinic. He writes primarily about law and educational opportunity but has also authored or co-authored articles on constitutional law and theory. He is the author of "Five Miles Away, A World Apart," which was published in 2010 by Oxford University Press. Ryan served as academic associate dean from 2005-09. In 2009, he helped found and now directs the law school's Program in Law and Public Service. He is the recipient of an All-University Teaching Award from the University of Virginia, an Outstanding Faculty Award from the State Council of Higher Education for Virginia, and several awards for his scholarship. He has been a visiting professor at the University of Auckland, Harvard, and Yale law schools. Ryan received his A.B. from Yale University and his J.D. from Virginia. After graduating from the Law School in 1992, Ryan first clerked for J. Clifford Wallace, then-Chief Judge of the 9th Circuit, and then for William H. Rehnquist, the late Chief Justice of the United States.

Kristi L. Bowman

Kristi L. Bowman is an Associate Professor of Law at Michigan State University College of Law and a faculty associate at Michigan State University's Education Policy Center. In 2010, she received the Education Law Association's Steven S. Goldberg Award for Distinguished Scholarship in Education Law for her publication "Pursuing Educational Opportunities for Latino/a Students." Her scholarship focuses on racial/ethnic equality and student speech in public elementary and secondary schools and has appeared in law reviews including the North Carolina Law Review, the American University Law Review, the University of Cincinnati Law Review, and in journals targeted towards interdisciplinary and international audiences. She also is the editor of the SSRN Education Law Abstracting Journal and in 2010 was the chairperson for the AALS Education Law Section. Bowman received her B.A. from Drake University and her J.D. and M.A. from Duke University. After graduating from law school, Bowman clerked on the 8th Circuit Court of Appeals and then represented school districts while practicing at Franczek Sullivan P.C. (now Franczek Radelet) in Chicago. Previously, she worked at the U.S. Department of Education Office for Civil Rights.