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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.
- 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.
- 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.
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.
Part II: SOCIALIZATION AND STUDENT AND TEACHER RIGHTS.
8. Religious, Political, and Moral Socialization.
9. Opening the School to Alternative Ideas.
Part III: THE DISCIPLINARY PROCESS: THE LEGALIZATION OF DISPUTE RESOLUTION IN PUBLIC SCHOOLS.
11. Governmental Regularity and School Rules.
12. Gathering the Evidence to Prove the Infraction.
13. Procedural Due Process.
Part IV: EQUAL EDUCATIONAL OPPORTUNITY AND RACE.
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.
Part V: EQUALITY AND DIFFERENCE: THE SPECIAL CHALLENGES OF GENDER EQUITY.
23. The Search for a Constitutional Standard.
24. The Legislative Framework: Title IX of the Education Amendments of 1972.
Part VI: EQUAL EDUCATIONAL OPPORTUNITY AND THE DILEMMA OF DIFFERENCE: BEYOND RACE AND GENDER.
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.
Part VII: EQUAL EDUCATIONAL OPPORTUNITY AND SCHOOL FINANCE.
32. Interdistrict Inequalities.
33. Intradistrict Inequalities.
34. The Right to a "Free" Public Education.
35. Race and School Finance.
Part VIII: EDUCATIONAL GOVERNANCE AND THE LAW.
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.