Educational Policy and the Law

, by Yudof, Mark G.; Kirp, David; Levin, Betsy; Moran, Rachel

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ISBN: 9780534573751 | 0534573754
Cover: Hardcover
Copyright: 10/23/2001

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This book offers thorough coverage of case law as it applies to elementary and secondary school administrators. Its interdisciplinary (law/education) approach integrates legal and educational policy throughout, using cases and articles with notes and discussion questions.

Preface

Table of Cases

Schooling and the State

(120)

The ``Pierce Compromise'' and its Implications for Education Governance

(22)

``Democratic Education''

(7)

Pierce v. Society of Sisters

(9)

Farrington v. Tokushige

(2)

Excerpts from the Farrington Briefs, Summarized in the Court's Opinion

(2)

Compulsory Schooling, Public Policy, and the Constitution

(19)

Wisconsin v. Yoder

(19)

State Regulation of Nonpublic Schools

(14)

``Private Education Alternatives and State Regulation''

(1)

Fellowship Baptist Church v. Benton

(6)

State of Ohio v. Whisner

(6)

Home Schooling

(19)

Care and Protection of Charles

(6)

Stephens v. Bongart

(4)

State v. Massa

(6)

Discrimination and Private Education

(23)

``Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy''

(5)

Runyon v. McCrary

(9)

Brown v. Dade Christian Schools, Inc.

(5)

Ohio Civil Rights Commission v. Dayton Christian Schools, Inc.

(3)

State Aid to Private Schools

(23)

Pierce Extended: A Right to a State-Financed Nonpublic Education?

(3)

State Aid to Private Schools and the Constitution

101

(1)

``School Choice and Public Funding''

101

(1)

Mueller v. Allen

102

(8)

Agostini v. Felton

110

(11)

Socialization and Student and Teacher Rights

121

(184)

Introduction

121

(3)

The Socialization Dilemma

121

(1)

State Action

122

(2)

Religious, Political, and Moral Socialization

124

(100)

Sectarian Socialization

124

(3)

Wallace v. Jaffree

127

(16)

Lee v. Weisman

143

(7)

Edwards v. Aguillard

150

(16)

Smith v. Board of School Commissioners of Mobile County

166

(7)

Mozert v. Hawkins County Board of Education

173

(11)

Nonsectarian Socialization

184

(1)

Library Book Selection and the Public Schools: The Quest for the Archimedean Point

184

(5)

West Virginia State Board of Education v. Barnette

189

(7)

Board of Education, Island Trees Union Free School District No. 26 v. Pico

196

(16)

Crosby v. Holsinger

212

(12)

Opening the School to Alternative Ideas

224

(81)

Students' Rights of Expression

224

(1)

Tinker v. Des Moines Independent Community School District

225

(9)

Bethel School District No. 403 v. Fraser

234

(5)

Hazelwood School District v. Kuhlmeier

239

(11)

Changing the School's Message

250

(1)

Cary v. Board of Education

251

(10)

Board of Education of Westside Community Schools v. Mergens

261

(24)

Amabach v. Norwick

285

(8)

Pickering v. Board of Education

293

(4)

Cox v. Dardanelle Public School District

297

(8)

The Disciplinary Process: The Legalization of Dispute Resolution in Public Schools

305

(58)

Introduction

305

(1)

Governmental Regularity and School Rules

306

(2)

Gathering the Evidence to Prove the Infraction

308

(17)

New Jersey v. T.L.O.

308

(9)

Vernonia School District 47J v. Acton

317

(8)

Procedural Due Process

325

(38)

The Allure of Due Process

325

(1)

``Proceduralism and Bureaurcracy: Due Process in the School Setting''

326

(1)

The Development of Constitutional Doctrine

327

(1)

Board of Regents v. Roth

327

(10)

Goss v. Lopez

337

(9)

Ingraham v. Wright

346

(8)

Board of Curators of the University of Missouri v. Horowitz

354

(6)

Implementing Due Process Protections

360

(3)

Equal Educational Opportunity and Race

363

(178)

Introduction

363

(1)

The Judicial Response to School Segregation: The Brown Decision

363

(10)

Brown I: Legal and Policy Implications

363

(1)

Brown v. Board of Education

363

(8)

Brown II: The Scope of Relief

371

(1)

Brown v. Board of Education

371

(2)

The Progress of School Desegregation: 1954-1968

373

(2)

Southern Resistance

373

(1)

Measuring the Impact of Brown

374

(1)

The Administrative-Judicial Era

375

(1)

Desegregation: Evolution of a Constitutional Standard

375

(13)

Introduction

375

(1)

Green: Divining the Constitutional Violation from the Court's Remedial Requirements

376

(1)

Green v. County School Board

376

(5)

Establishing the Constitutional Violation in the South: Swann and the Connection Between Past De Jure Conduct and Present Segregative Effects

381

(1)

Swann v. Charlotte-Mecklenburg Board of Education

381

(7)

Desegregation: An Emerging National Standard

388

(30)

Introduction

388

(1)

Northern School Desegregation and the Supreme Court

389

(1)

Keyes v. School District No. 1

389

(10)

School District Boundaries: Does the Bus Stop Here?

399

(1)

Milliken v. Bradley

399

(14)

Court-Ordered Remedies Other than Pupil Reassignment

413

(1)

``School Desegregation Remedies and the Role of Social Science Research''

413

(4)

Desegregation in Multiethnic Districts

417

(1)

End of an Era?

418

(50)

The Legal Significance of Achieving Unitary Status: Board of Education of Oklahoma City Public Schools v. Dowell

418

(2)

The Legal Significance of Achieving Partial Unitary Status

420

(1)

Freeman v. Pitts

421

(9)

Limits on Court-Ordered Remedies Other Than Pupil Reassignment

430

(1)

Missouri v. Jenkins

430

(14)

Limits on Voluntary Actions by School Boards to Reduce Segregation

444

(1)

Washington v. Seattle School District No. 1

444

(5)

Wessmann v. Gittens

449

(11)

State Innovation in the Face of a Declining Federal Commitment

460

(1)

Sheff v. O'Neill

460

(8)

School Desegregation: The Role of the Political Branches

468

(16)

Federal Legislation Prohibiting Discrimination on the Basis of Race

468

(1)

Title IV

468

(1)

Title VI

469

(5)

Intent versus Effect Standard for Title VI Regulations and Private Rights of Action

474

(1)

Alexander v. Sandoval

475

(5)

Efforts to Compel Administrative Enforcement

480

(2)

Congressional Reactions to Federal Enforcement by Courts and Administrative Agencies

482

(1)

Title VIII --- General Provisions Relating to the Assignment or Transportation of Students

482

(2)

``Second Generation'' Problems

484

(57)

Introduction

484

(1)

Student Classification Practices

484

(1)

``Tracking,'' in High Stakes: Testing for Tracking, Promotion, and Graduation

484

(5)

Lemon v. Bossier Parish School Board

489

(1)

Hobson v. Hansen

490

(17)

Larry P. v. Riles

507

(9)

Impact of ``High-Stakes Testing'' on Racial and Ethnic Minorities

516

(1)

``High Stakes''

516

(8)

Exclusionary Diciplinary Measures

524

(1)

Fuller v. Decatur Public School Board of Education School District 61

525

(3)

Impact of School Choice on Racial and Ethnic Minorities

528

(1)

``Race and School Choice''

528

(13)

Equality and Difference: The Special Challenges of Gender Equity

541

(94)

Introduction

541

(5)

``Reconstructing Sexual Equality''

541

(5)

The Search for a Constitutional Standard

546

(26)

From Deference to Heightened Scrutiny

546

(3)

The Limits of the Analogy Between Race and Sex:Sex-Segregated Programs and Institutions

549

(1)

Mississippi University for Women v. Hogan

549

(7)

Single-Sex Education Revisited

556

(1)

U.S. v. Virginia

556

(16)

The Legislative Framework: Title IX of the Education Amendments of 1972

572

(62)

The Statutory Framework

573

(1)

Title IX---Prohibition of Sex Discrimination Sex Discrimination Prohibited

573

(1)

``Nondiscrimination on the Basis of Sex in Education Programs and Activities, Receiving or Benefiting from Federal Financial Assistance''

574

(4)

Judicial Application of the Statutory Framework

578

(1)

Force v. Pierce City R-VI School District

578

(9)

Pfeiffer v. Marion Center Area School District

587

(4)

Chipman v. Grant County School District

591

(1)

Scholarships and School Admission Standards

592

(1)

Sharif by Salahuddin v. New York State Education Department

592

(5)

A Private Right of Action Under Title IX: The Special Case of Sexual Harassment

597

(1)

Gebser v. Lago Vista Independent School District

598

(10)

Davis v. Monroe County Board of Education

608

(10)

Nabozny v. Podlesny

618

(4)

Beyond Title IX: Does the Statute Reach the Roots of Gender Discrimination?

622

(1)

``How Schools Shortchange Girls''

622

(6)

``The War Against Boys''

628

(6)

Conclusion

634

(1)

Equal Educational Opportunity and the Dilemma of Difference: Beyond Race and Gender

635

(132)

Introduction

635

(2)

``The Dilemna of Difference''

635

(2)

Ethnicity and National Origin

637

(47)

Language, Identity, and Equality

637

(1)

Lau v. Nichols

638

(2)

Martin Luther King Jr. Elementary School Children v. Michigan Board of Education

640

(2)

Castaneda v. Pickard

642

(7)

Policy and Politics

649

(1)

``Bye-bye to Bilingual Ed?''

649

(2)

``The Educational Effectiveness of Bilingual Education''

651

(5)

``A Meta-Analysis of the Effectiveness of Bilingual Education''

656

(2)

``Bilingual Education, Immigration, and the Culture of Disinvestment''

658

(8)

Culture and the Classroom

666

(1)

``Educational Rights and Latinos: Tracking as a Form of Second Generation Discrimination''

666

(2)

Immigrant Status and Access to School

668

(1)

``Made in America''

668

(2)

Plyler v. Doe

670

(11)

Proposition 187

681

(1)

League of United Latin American Citizens (LULAC) v. Wilson

681

(3)

Disability: From ``Incapable of Benefiting'' from an Education to the Right to an ``Appropriate'' Education

684

(55)

Introduction

684

(1)

``The Making of the Deaf''

684

(2)

Establishing a Legal Conception of Equality for the Disabled

686

(1)

``Legal Reform of Special Education: Empirical Studies and Procedural Proposals''

686

(2)

The Constitution and Education for the Disabled

688

(1)

Mills v. Board of Education

688

(5)

The Federal Statutory Framework

693

(1)

``Technical Controversies''

694

(4)

Southeastern Community College v. Davis

698

(6)

Board of Education v. Rowley

704

(9)

Roncker v. Walter

713

(1)

Hartmann v. Loudoun County Board of Education

714

(5)

Disability and the Public Schools: The Case Against ``Inclusion''

719

(4)

``Beyond Special Education: Toward a Quality System for All Students''

723

(2)

Honig v. Doe

725

(8)

Implementing the Right to an ``Appropriate'' Education

733

(1)

``The Allure of Legalization Reconsidered: The Case of Special Education''

733

(6)

Poverty and Homelessness

739

(27)

The Concept of Poverty

739

(1)

``The Limited Visions of Race Relations and the War on Poverty''

739

(4)

Title I: Equity and the ``Educationally Disadvantaged''

743

(1)

``Improving America's Schools for Children in Greatest Need''

743

(8)

Homeless Children and Educational Access

751

(1)

``Concealment''

752

(1)

``Statement of Policy''

753

(1)

Lampkin v. District of Columbia

754

(4)

Full-Service Schools: Reconsidering the Role of Educational Institutions in a Stratified Society

758

(1)

``Health and Social Services in Public Schools: Historical Perspectives''

758

(4)

``A Look at Current School-linked Service Efforts''

762

(4)

Conclusion

766

(1)

Equal Educational Opportunity and School Finance

767

(88)

Introduction

767

(8)

Concepts of School Finance Equity: 1970 to the Present

767

(8)

Interdistrict Inequalities

775

(62)

Introduction

775

(2)

Fiscal Neutrality in the Courts

777

(1)

Serrano v. Priest

777

(4)

San Antonio Independent School District v. Rodriguez

781

(23)

Brigham v. State

804

(9)

From Equity oto Adequacy

813

(1)

Judicial Analysis During the Third Wave of School Finance Litigation: The Massachusetts Decision as a Model

813

(2)

Robinson v. Cahill

815

(4)

Rose v. Council for Better Education, Inc.

819

(5)

``Leaving Equality Behind: New Directions in School Finance Reform''

824

(3)

The Special Problems of Large Urban Districts

827

(1)

Abbott v. Burke

828

(9)

Intradistrict Inequalities

837

(8)

Introduction

837

(1)

Inequality in Washington, D.C.

838

(1)

Hobson v. Hansen

838

(4)

Other Intradistrict Disparity Litigation

842

(3)

The Right to a ``Free'' Public Education

845

(5)

Introduction

845

(1)

School Fees

846

(1)

Kadrmas v. Dickinson Public Schools

847

(3)

Race and School Finance

850

(5)

Introduction

850

(1)

Title VI Disparate Impact and Resource Equity

851

(1)

Powell v. Ridge

851

(4)

Educational Governance and the Law

855

(146)

Introduction

855

(2)

Federal, State, and Local Authority over Educational Decision Making

857

(43)

The Changing Federal Role

857

(1)

``ESEA: The Office of Education Administers a Law''

858

(6)

``Goals 2000: Educate America Act: The Federalization and Legalization of Educational Policy''

864

(5)

State Authority and Local Control

869

(1)

``The Legal Foundation of Public Education''

869

(2)

``Achieving Equity and Excellence in Kentucky Education''

871

(4)

``The Gold Star State''

875

(7)

``Is Local Control of the Schools Still a Viable Option?''

882

(5)

``The Politics of School Restructuring''

887

(4)

``Charting Chicago School Reform: Democratic Localism as a Lever for Change''

891

(4)

``Transforming Urban School Systems: Integrated Governance in Chicago and Birmingham (UK)''

895

(5)

The Balance of Power: Elected Officials, Career Professionals, and Courts

900

(38)

Ballots and Board Elections

900

(1)

``Schools in Conflict''

900

(3)

``Parental Involvement and the Political Principle''

903

(3)

``Only for My Kid: How Privileged Parents Undermine School Reform''

906

(4)

Teachers and Administrators: An Ethic of Professionalism

910

(1)

``Schools in Conflict''

911

(1)

``Politics, Markets, and America's Schools''

912

(2)

``Reform Bargaining and Its Promise for School Improvement''

914

(5)

``Forging New Partnerships: Teacher Unions and Educational Reform in the 90s''

919

(6)

The Courts, Institutional Reform, and Student Rights

925

(1)

``The Role of the Judge in Public Law Litigation''

925

(1)

``The Forms of Justice''

926

(3)

``The Hollow Hope: Can Courts Bring About Social Change?''

929

(3)

Peter W. v. San Francisco Unified School District

932

(6)

Schools and Markets

938

(63)

Consumer-Voters in the Public Sector: Selecting a School District

939

(4)

Voucher Plans, Accontability, and Educational Quality

943

(1)

``Politics, Markets, and the Organization of Schools''

944

(3)

``From Vouchers to Charters: The Shifting Politics of School Choice''

947

(4)

``Class Warfare: Dueling Professors Have Milwaukee Dazed Over School Vouchers''

951

(2)

``The Milwaukee Voucher Experiment''

953

(8)

``School Choice in Milwaukee''

961

(7)

Charter Schools: A Hybrid Model

968

(1)

``From Vouchers to Charters: The Shifting Politics of School Choice''

968

(6)

``The Promise of Charter Schools''

974

(2)

``Charter Schools: The Smiling Face of Disinvestment''

976

(2)

Other Privatization Initiatives

978

(1)

``Privatization in Baltimore, 1992-95''

978

(9)

Dawson v. East Side Union High School District

987

(8)

``Sponsored Schools and Commercialized Classrooms: Schoolhouse Commercializing Trends in the 1990s''

995

(6)

Appendix: United States Constitution

1001

(12)

Index of Authors

1013

(4)

Subject Index

1017

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Educational Policy and the Law

Summary

Table of Contents

Supplemental Materials