Educational Policy and the Law

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9780495813163: 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.

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Mark G. Yudof became the 19th University of California president in the summer of 2008. Previously, he served as chancellor of the University of Texas system since August 2002, and president of the University of Minnesota from 1997 to 2002. Before that, he was a faculty member and administrator at UT Austin for 26 years, serving as dean of the law school from 1984 to 1994 and as the university's executive vice president and provost from 1994 to 1997. His career at UT Austin began in 1971, when he was appointed an assistant professor of law. He has continued to teach throughout his administrative career. While on the UT law faculty, he was also a visiting professor at the law schools at the University of Michigan and UC Berkeley, and conducted research as a visiting fellow at the University of Warwick in England. Yudof is a distinguished authority on constitutional law, freedom of expression and education law who has written and edited numerous publications on free speech and gender discrimination, including "Educational Policy and the Law." He is a fellow of the American Academy of Arts and Sciences and a member of the American Law Institute. He recently completed a two-year term on the U.S. Department of Education's Advisory Board of the National Institute for Literacy and has served as a member of the President's Council on Service and Civic Participation. A Philadelphia native, he earned an LL.B. degree (cum laude) in 1968 from the Law School of the University of Pennsylvania, where he also earned a B.A. degree (cum laude with honors in political science) in 1965. He was awarded the Alumni Award of Merit (2001) and the prestigious James Wilson Award (2004) by the University of Pennsylvania Law School for his many years of service and contributions to the legal community.

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Part I: SCHOOLING AND THE STATE. 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. 7. Introduction. 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. 10. Introduction. 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. 14. Introduction. 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. 22. Introduction. 23. The Search for a Constitutional Standard. 24. The Legislative Framework: Title IX of the Education Amendments of 1972. 25. Conclusion. Part VI: EQUAL EDUCATIONAL OPPORTUNITY AND THE DILEMMA OF DIFFERENCE: BEYOND RACE AND GENDER. 26. Introduction. 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. 30. Conclusion. Part VII: EQUAL EDUCATIONAL OPPORTUNITY AND SCHOOL FINANCE. 31. Introduction. 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. 36. Introduction. 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. Subject Index.

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