Educational Policy and the Law

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

• ISBN13: 9780534573751
• ISBN10: 0534573754
• Edition: 4th
• Format: Hardcover
• Copyright: 2001-10-23
• Publisher: Wadsworth Publishing

Summary

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.

Table of Contents

Preface	xi
Table of Cases	xv
Schooling and the State	1	(120)
The ``Pierce Compromise'' and its Implications for Education Governance	1	(22)
``Democratic Education''	3	(7)
Pierce v. Society of Sisters	10	(9)
Farrington v. Tokushige	19	(2)
Excerpts from the Farrington Briefs, Summarized in the Court's Opinion	21	(2)
Compulsory Schooling, Public Policy, and the Constitution	23	(19)
Wisconsin v. Yoder	23	(19)
State Regulation of Nonpublic Schools	42	(14)
``Private Education Alternatives and State Regulation''	43	(1)
Fellowship Baptist Church v. Benton	44	(6)
State of Ohio v. Whisner	50	(6)
Home Schooling	56	(19)
Care and Protection of Charles	59	(6)
Stephens v. Bongart	65	(4)
State v. Massa	69	(6)
Discrimination and Private Education	75	(23)
``Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy''	76	(5)
Runyon v. McCrary	81	(9)
Brown v. Dade Christian Schools, Inc.	90	(5)
Ohio Civil Rights Commission v. Dayton Christian Schools, Inc.	95	(3)
State Aid to Private Schools	98	(23)
Pierce Extended: A Right to a State-Financed Nonpublic Education?	98	(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