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Educational Policy and the Law

by:
ISBN: 9780314772992 | 0314772995
Edition: 3rd
Format: Paperback
Publisher: Wadsworth Publishing
Pub. Date: 9/16/1991

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SummaryTable of Contents
This text 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.
Prefacexi
Table of Cases
xv
Schooling and the State
1(142)
Th... MORE
1(23)
``Democratic Education''
2(8)
Pierce v. Society of Sisters
10(10)
Farrington v. Tokushige
20(2)
Excerpts from the Farrington Briefs, Summarized in the Court's Opinion
22(2)
Compulsory Schooling, Public Policy, and the Constitution
24(19)
Wisconsin v. Yoder
24(19)
State Regulation of Nonpublic Schools
43(17)
``Private Education Alternatives and State Regulation''
44(2)
Fellowship Baptist Church v. Benton
46(6)
State of Ohio v. Whisner
52(5)
City of Sumner v. First Baptist Church of Sumner
57(3)
Home Education
60(17)
``Home Schooling''
61(2)
Care and Protection of Charles
63(6)
Stephens v. Bongart
69(4)
State v. Massa
73(4)
Discrimination and Private Education
77(25)
``Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy''
79(5)
Runyon v. McCray
84(9)
Brown v. Dade Christian Schools, Inc.
93(6)
Ohio Civil Rights Commission v. Dayton Christian Schools, Inc.
99(3)
State Aid to Private Schools
102(41)
Pierce Extended: A Right to a State-Financed Nonpublic Education?
102(3)
State Aid to Private Schools and the Constitution
105(1)
``The Storm Before the Lull: The Future of Private Schooling in America''
105(2)
Committee for Public Education and Religious Liberty v. Nyquist
107(9)
Committee for Public Education and Religious Liberty v. Regan
116(8)
Mueller v. Allen
124(6)
``New Perspectives on `Aid' to Private School Users''
130(6)
State Aid to Needy Children in Religious Schools
136(1)
``The Entanglement Prong of the Establishment Clause and the Needy Child in the Private School: Is Distributive Justice Possible?
136(7)
Socialization and Student and Teacher Rights
143(190)
Introduction
143(3)
The Socialization Dilemma
143(1)
State Action
143(3)
Religious, Political, and Moral Socialization
146(98)
Sectarian Socialization
146(3)
Wallace v. Jaffree
149(20)
Edwards v. Aguillard
169(15)
Smith v. Board of School Commissioners of Mobile County
184(8)
Mozert v. Hawkins County Board of Education
192(12)
Nonsectarian Socialization
204(1)
Library Book Selection and the Public Schools: The Quest for the Archimedean Point
204(5)
West Virginia State Board of Education v. Barnette
209(7)
Board of Education, Island Trees Union Free School District No. 26 v. Pico
216(16)
Crosby v. Holsinger
232(12)
Opening the School to Alternative Ideas
244(89)
Students Rights of Expression
245(1)
Tinker v. Des Moines Independent Community School District
246(11)
Bethel School District No. 403 v. Fraser
257(5)
Hazelwood School District v. Kuhlmeier
262(11)
Changing the School's Message
273(1)
Cary v. Board of Education
274(8)
Board of Education of Westside Community Schools v. Mergens
282(20)
Searcey v. Harris
302(9)
Ambch v. Norwick
311(8)
Pickering v. Board of Education
319(5)
Cox v. Dardanelle Public School District
324(9)
The Disciplinary Process:The Legalization of Dispute Resolution in Public Schools
333(50)
Introduction
333(1)
Governmental Regularity and School Rules
334(2)
Gathering the Evidence to Prove the Infraction
336(10)
New Jersey v. T.L.O.
336(10)
Procedural Due Process
346(37)
Proceduralism and Bureaucracy: Due Process in the School Setting
347(1)
The Development of Constitutional Doctrine
348(1)
Board of Regents v. Roth
348(11)
Goss v. Lopez
359(7)
Ingraham v. Wright
366(6)
Board of Curators of the University of Missouri v. Horowitz
372(6)
Implementing Due Process Protections
378(1)
Proceduralism and Bureauracy: Due Process in the School Setting
379(4)
Educational Governance and the Law
383(86)
Introduction: Elections, Bureaucracy, and Democratic Accountability
383(13)
``The Legal Foundation of Public Education''
384(2)
``Schools in Conflict''
386(4)
``Maps and Misreadings: The Role of Geographic Compactness in Racial Vote Dilution Litigation''
390(3)
``Schools in Conflict''
393(1)
``Politics, Markets & America's Schools''
394(2)
Professionalism and Collective Bargaining
396(19)
``The Changing Ideas of a Teachers Union''
396(3)
``Collective Bargaining in the Public Schools: Reassessing Labor Policy in an Era of Reform''
399(9)
``Professional Employees, Collective Bargaining and the Law''
408(2)
``Teacher Unions and School Quality: Potential Allies or Inevitable Foes''
410(5)
Schools and Markets
415(23)
Consmer-Voters in the Public Sector: Selecting a School District
415(5)
Voucher Plans, Accountability, and Educational Quality
420(1)
``Politics Markets, and the Organization of Schools''
420(4)
``Choices in Public Education''
424(10)
``A State Policy Maker's Guide to Public School Choice''
434(4)
Reform, Regulation, and Restructuring
438(20)
State Regulation and the Quest for Excellence
441(1)
``Educational Reform and Institutional Competence''
441(5)
``The Politics of School Restructuring''
446(4)
Bureaucratic Decentralization and Community Control
450(1)
``A Case Study of the Recent Chicago School Reform''
451(7)
Private Remedies: Education Malpractice Suite
458(11)
Peter W. v. San Francisco Unified SChool District
458(11)
Equal Educational Opportunity and Race
469(122)
Introduction
469(1)
The Judicial Response To School Segregation: The Brown Decision
469(10)
Brown I: Legal and Policy Implications
469(1)
Brown v. Board of Education
469(8)
Brown II: The Scope of Relief
477(1)
Brown v. Board of Education
477(2)
The Progress of School Desegregation: 1954-1968
479(3)
Southern Resistance
479(1)
Measuring the Impact of Brown
480(1)
The Administrative--Judicial Era
481(1)
Desegregation: Evolution of a Constitutional Standard
482(14)
Introduction
482(1)
Green: Divining the Constitutional Violation from the Court's Remedial Requirements?
482(1)
Green v. County School Board
482(5)
Establishing the Constitutional Violation in the South: Swann and the Connection Between Past De Jure Conduct and Present Segregative Effects
487(1)
Swann v. Charlotte-Mecklenburg Board of Education
487(9)
Desegregation: An Emerging National Standard
496(40)
Introduction
496(1)
Northern School Desegregation and the Supreme Court
497(1)
Keyes v. School District No. 1
497(16)
Constitutionality of State Limits on Voluntary Actions by School Boards to Eliminate De Facto Segregation
513(1)
Washington v. Seattle School District No. 1
513(4)
Racial Segregation and School District Boundaries: Milliken v. Bradley
517(1)
Milliken v. Bradley
517(12)
``School Desegregation Remedies and the Role of Social Science Research''
529(4)
Desegregation in Multi-Ethinic Districts
533(2)
Who Pays for Equal Educational Opportunity: State Responsibility
535(1)
Establishing Unitary Status and Its Legal Significance
536(12)
Determining When a Formerly Dual School System Has Achieved Unitary Status
536(1)
Jacksonville Branch, NAACP v. Dual County School Board
536(3)
The Legal Significance of Achieving Unitary Status
539(1)
Board of Education of Oklahoma City Public Schools v. Dowell
539(9)
School Desegregation: The Role of the Political Branches
548(14)
Federal Legislation Prohibiting Discrimination on the Basis of Race
548(1)
Title IV
549(1)
Title VI
549(7)
Congressional Reactions to Federal Enforcement
556(1)
Title VIII---General Provisions Relating to the Assignment or Transportation of Students
556(32)
Efforts to Compel Administrative Enforcement
588
Women's Equity Action League v. Cavazos
559(3)
Second Generation Problems
562(29)
Introduction
562(1)
Student Classification Practices
562(1)
``Schools as Sorters: The Constitutional and Policy Implications of Student Classification''
563(2)
Lemon v. Bossier Parish School Board
565(1)
Ability Grouping and Equal Educational Opportunities
566(1)
Hobson v. Hansen
566(11)
Misclassification and Test Bias
577(2)
Larry P. v. Riles
579(8)
Segregation, Disproportional Racial Impact, and Competency Tests
587(4)
Equal Educational Opportunity and School Finance
591(82)
Introduction
591(1)
Describing and Assessing the Historical System
592(7)
Property Taxes and Inequalities in Expenditures
592(2)
Defining Equal Educational Opportunity
594(2)
Expenditures and Achievement
596(3)
Interdistrict Inequalities
599(60)
Introduction
599(4)
Fiscal Neutrality in the Courts
603(1)
Serrano v. Priest
603(3)
San Antonio Independent School District v. Rodriguez
606(20)
Plyer v. Doe
626(12)
State Equal Protection Clause Litigation
638(4)
A Different Approach in New Jersey: Guaranteeing ''Thorough and Efficient`` Education
642(1)
Robinson v. Cahill
642(7)
Educational Needs, Outcomes, Municipal Overburden, and Cost Differentials
649(1)
Abbott v. Burke
649(10)
Intradistrict Inequalities
659(8)
Introduction
659(1)
Inequality in Washington, D.C.
659(1)
Hobson v. Hansen
659(8)
The Right to a ''Free`` Public Education
667(6)
Introduction
667(1)
The School Fees Cases
667(1)
The Supreme Court and Access to a Minimal Level of Education Revisited
668(1)
Kadrmas v. Dickinson Public Schools
668(5)
Equal Educational Opportunity and Excellence:The Evolving Federal Role
673(162)
The Federal Role in Educational Policy-making
673(25)
Introduction
673(2)
From Constitutional to Statutory Entitlement: An Illustrative Example
675(1)
Lau v. Nichols
675(2)
The Emergence of a Significant Federal Educational Presence
677(1)
ESEA: The Office of Education Administers a Law
677(6)
On Implementing Equal Educational Opportunity Entitlements:From Policy as Formulated to Policy in Operation
683(1)
``Complexity and Control: What Legislators and Administrators Can Do About Implementation''
683(15)
Chapter 1, Education Consolidation and Improvement Act of 1981 (ECIR): Equity and the ``Educationally Disadvantaged''
698(14)
Chapter 1: Scope of the Act ``Report on Changes Under Chapter 1 of the Education Consolidation and Improvement Act''
699(7)
Implementing Chapter 1
706(1)
Nicolson v. Pittenger
706(3)
Bennett v. Kentucky Department of Education
709(3)
The Handicapped: From ''Incapable of Benefitting`` From an Education to the Right to an ''Appropriate`` Education
712(48)
Introduction
712(1)
``Legal Reform of Special Education: Empirical Studies and Procedural Proposals''
712(2)
The Constitution and Education for the Handicapped
714(1)
Mills v. Board of Education
714(5)
The Federal Statutory Framework
719(1)
Southeastern Community College v. Davis
720(5)
Board of Education v. Rowley
725(14)
Honig v. Doe
739(1)
AIDS and the Federal Statutory Framework: A Case Study
740(1)
Martinez v. School Board of Hillsborough County, Florida
740(3)
``Learning by Heart: AIDS and School Children in America's Communities''
743(10)
Implementing the Right to an ''Appropriate`` Education
753(1)
``The Allure of Legalization Reconsidered: The Case of Special Education''
753(7)
Women: Equal Opportunity and Choice
760(33)
The Search for a Constitutional Standard
760(3)
The Legislative Framework: Title IX of the Education Amendments of 1972
763(1)
Title IX--Prohibition of Sex Discrimination Sex Discrimination Prohibited
763(1)
``Nondiscrimination on the Basis of Sex in Education Programs and Activities, Receiving or Benefiting from Federal Financial Assistance''
764(4)
Denial or Restriction of Educational Opportunity
768(2)
Sharif by Salahuddin v. New York State Education Department
770(4)
Force v. Pierce City R-VI School District
774(7)
Single-Sex Educational Institutions
781(1)
Mississippi University for Women v. Hogan
781(10)
Implementation Issues: The Private Right of Action and Beyond
791(2)
Limited-English-Proficient Children: Assimilation or Cultural Identity?
793(23)
Beyond Lau: The Development of Federal Bilingual Education Law
793(1)
Martin Luther King Jr. Elementary School Children v. Michigan Board of Education
794(2)
Castaneda v. Pickard
796(6)
Policy and Politics
802(3)
``The Social Science Evidence on Bilingual Education''
805(4)
``The Politics of Discretion: Federal Intervention in Bilingual Education''
809(7)
Federal Policy for the 1990s: The Excellence Agenda
816(16)
``Education Reform in the Reagan Era: False Paths, Broken Promises''
829(3)
The Role of Law: A Concluding Rite
832(3)
U.S. Constitution835(12)
Author Index847(4)
Subject Index851

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