Educational Policy and the Law

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, offering analyses that provide insights into the political and policy contexts of legal issues, and helping readers make sense of legal decisions. The abundant notes and references also make the book a useful reference work for lawyers or school administrators working in the field.

Schooling And The State
The Pierce Compromise and Its Implications for Education Governance
Compulsory Schooling, Public Policy, and the Constitution
State Regulation of Nonpublic Schools
Home Schooling
Discrimination and Private Education
State Aid to Private Schools
Socialization And Student And Teacher Rights
Introduction
Religious, Political, and Moral Socialization
Opening the School to Alternative Ideas
The Disciplinary Process: The Legalization Of Dispute Resolution In Public Schools
Introduction
Governmental Regularity and School Rules
Gathering the Evidence to Prove the Infraction
Procedural Due Process
Equal Educational Opportunity And Race
Introduction
The Judicial Response to School Segregation: The Brown Decision
The Progress of School Desegregation: 1954-1968
Desegregation: Evolution of a Constitutional Standard
Desegregation: An Emerging National Standard
End of an Era?
School Desegregation: The Role of the Political Branches
"Second Generation" Problems
Equality And Difference: The Special Challenges Of Gender Equity
Introduction
The Search for a Constitutional Standard
The Legislative Framework: Title IX of the Education Amendments of 1972
Conclusion
Equal Educational Opportunity And The Dilemma Of Difference: Beyond Race And Gender
Introduction
Ethnicity and National Origin
Disability: From "Incapable of Benefiting" from an Education to the Right to an "Appropriate" Education
Poverty and Homelessness
Conclusion
Equal Educational Opportunity And School Finance
Introduction
Interdistrict Inequalities
Intradistrict Inequalities
The Right to a "Free" Public Education
Race and School Finance
Educational Governance And The Law
Introduction
Federal, State, and Local Authority over Educational Decision Making
The Balance of Power: Elected Officials, Career Professionals, and Courts
Schools and Markets
Appendix: United States Constitution
Index of Authors
Subject Index
Table of Contents provided by Publisher. All Rights Reserved.

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Educational Policy and the Law

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Table of Contents

Supplemental Materials