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Educational Policy and the Law

ISBN: 9780534573751 | 0534573754
Edition: 4th
Format: Hardcover
Publisher: Cengage Learning
Pub. Date: 10/23/2001

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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.
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 ... MORE
Prefacexi
Table of Cases
xv
Schooling and the State
1(120)
Th... MORE
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 Constitution1001(12)
Index of Authors1013(4)
Subject Index1017

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