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It also discusses the implications of the law for educational policy and practice."--Jacket.
Educational policy controversies in the United States invariably implicate legal issues. Policy debates about testing and school choice, for example, cannot be disentangled from legal rights and mandates. The same is true for issues such as funding, campus safety, speech and religion rights, as well as the teaching of immigrant students. Written for a general audience, this new twelve-chapter book explores these compelling educational policy issues through that legal lens, building an understanding of both law and policy. The book's editors are Kevin Welner, associate professor of educational policy at the University of Colorado at Boulder, and Wendy Chi, a doctoral candidate at Boulder. Both Welner and Chi are lawyers as well as educational scholars.
Education Policy and the Law: Cases and Commentary provides a comprehensive case and problem-based approach to studying the cases, statutes, and developments that shape education law and policy. The Second Edition brings up-to-date the major themes of education law - the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution with a particular focus on the Equal Protection and Due Process guarantees of the Fourteenth Amendment. It highlights reforms in education law that forcefully shape education policy today - school choice, homeschooling, special needs education, educational malpractice, school safety law, school police, and restorative justice school discipline reform. The Second Edition has three distinguishing characteristics: Cases and Statutes. The book is organized to provide an overview of the major cases from both federal courts and state courts as well as instructive federal and state legislation. Commentary and Narratives. The Second Edition contains a compelling compendium of notes, comments, and stories about how the legal system and policymakers are responding to legal duties and policy constraints. Hypothetical Policy Problems. Drawing on the success of the problem-based sections used in the First Edition textbook, the Second Edition contains problems designed to help learners apply legal principles to policy fact patterns.
Examines how the concept of equality in education law and policy has transformed from Brown v. Board of Education through the Stimulus.
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.
An examination of six of the most controversial school reform initiatives in the US: school desegregation; school finance reform; special education; education of immigrant children; integration of youth services; and enforcable performance mandates.
Education Law, Policy, and Practice: Cases and Materials, Fifth Edition
During the mid-to-late 20th Century, education law emerged as a distinct area of practice and scholarship in the United States. Attorneys began to develop specialties representing school districts, students, parents, and teachers, while law schools and colleges of education started to offer courses about the legal regulation of K-12 public schools. The statutory and common law governing schools grew rapidly, and developed in a manner that often treated public schools differently from other governmental entities. Now, law schools and colleges of education regularly offer an education law course. Many states' school administrator certificates require some familiarity with education law. The scholarly field of education law is rich and deep. Attorneys play a key role in education policy, as do state and federal legislatures and regulatory agencies. The issues range from school funding to supporting English learners; from racial equality to teachers' labor laws; from student privacy to school choice. Addressing those issues and more, The Oxford Handbook of U.S. Education Law provides a comprehensive overview of the current state of K-12 education law in the United States. A number of foundational chapters present a synthesis of general areas of law for those who seek an introduction. Dozens of other chapters build on those foundations, diving into various topics in a nuanced, yet accessible, way, creating value for those who seek to deepen or reframe their knowledge about a specific issue. Throughout the volume and especially in the last section, the authors also look to the future and thus help shape the direction of the field.