Educational Policy and the Law

by Yudof, Mark G.; Levin, Betsy; Moran, Rachel; Ryan, James E.; Bowman, Kristi L.

• ISBN13: 9780495813163
• ISBN10: 0495813168
• Edition: 5th
• Format: Hardcover
• Copyright: 2011-06-13
• Publisher: Wadsworth Publishing

Summary

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.

Table of Contents

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.