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This highly anticipated edition updates and adds further information to six previous editions of Legal Problems of Religious and Private Schools, by ELA Past President Ralph Mawdsley, first published in 1983 and, most recently, in 2012. Under the editorial leadership of Charles J. Russo (lead editor) and Steve Permuth (editor), the new edition will feature changes beyond a slightly altered title. New chapters added to the traditional core of the text include the history of religious and private schools, state aid, and school finance. Emerging issues and very recent Supreme Court decisions are discussed. Leaders and advisors of religious, private, or other nonpublic schools will find this book helpful in taking preventive measures to keep their schools out of court. This book is the 98th publication in the Education Law Association K-12 Series CONTENTS Introduction: (Steve Permuth & Charles J. Russo) Chapter 1: History of Faith-based and Nonpublic Schools in America (Jennifer A. Sughrue) Chapter 2: Institution, Student, Faculty Relationships (Ralph D. Mawdsley & James L. Mawdsley) Chapter 3: Governing Board Responsibilities and Liability (Cristiana Ritchie-Carter) Chapter 4: State Aid to Faith-Based Schools (Charles J. Russo) Chapter 5: Tort Liability (Charles J. Russo & Sister Mary Angela Shaughnessy) Chapter 6: School Safety (R. Stewart Mayers) Chapter 7: School Finance (Barbara M. De Luca & Steven A. Hinshaw) Chapter 8: Special Education and Students in Nonpublic Schools (Lynn M. Daggett) Chapter 9: Governmental Regulation of Nonpublic Schools (Bryan H. Beauman) Chapter 10: Federal Antidiscrimination Legislation (William E. Thro) Chapter 11: Special Topics (Charles J. Russo) Case Index
In this volume, leading leading scholars and practitioners introduce law as foundational discipline in education. The legal foundations of education include the laws and policies through which particular states establish and maintain public school systems; require parents and guardians to enroll the children in their care in approved educational programs; mandate that particular subjects be taught in particular ways by persons with particular credentials; regulate teacher certification standards and teacher employment; and ensure school safety, effectiveness, and efficiency. Education law is a field of practice and scholarly inquiry within the legal foundations of education which is concerned primarily with the constitutional rights of students, teachers and other personnel in schools. About the Educational Foundations series: Education, as an academic field taught at universities around the world, emerged from a range of older foundational disciplines. The Educational Foundations series comprises six volumes, each covering one of the foundational disciplines of philosophy, history, sociology, policy studies, economics and law. This is the first reference work to provide an authoritative and up-to-date account of all six disciplines, showing how each field's ideas, methods, theories and approaches can contribute to research and practice in education today. The six volumes cover the same set of key topics within education, which also form the chapter titles: - Mapping the Field - Purposes of Education - Curriculum - Schools and Education Systems - Learning and Human Development - Teaching and Teacher Education - Assessment and Evaluation This structure allows readers to study the volumes in isolation, by discipline, or laterally, by topic, and facilitates a comparative, thematic reading of chapters across the volumes. Throughout the series, attention is paid to how the disciplines comprising the educational foundations speak to social justice concerns such as gender and racial equality.
Over the past decade, No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality? The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.
Exploring a subject that is as important as it is divisive, this two-volume work offers the first current, definitive work on the intricacies and issues relative to America's faith-based schools. The Praeger Handbook of Faith-Based Schools in the United States, K–12 is an indispensable study at a time when American education is increasingly considered through the lenses of race, ethnicity, gender, and social class. With contributions from an impressive array of experts, the two-volume work provides a historical overview of faith-based schooling in the United States, as well as a comprehensive treatment of each current faith-based school tradition in the nation. The first volume examines three types of faith-based schools—Protestant schools, Jewish schools, and Evangelical Protestant homeschooling. The second volume focuses on Catholic, Muslim, and Orthodox schools, and addresses critical issues common to faith-based schools, among them state and federal regulation and school choice, as well as ethnic, cultural, confessional, and practical factors. Perhaps most importantly for those concerned with the questions and controversies that abound in U.S. education, the handbook grapples with outcomes of faith-based schooling and with the choices parents face as they consider educational options for their children.
Over the last few years, Orthodox Jewish private schools, also known as yeshivas, have been under fire by a group of activists known as Young Advocates for Fair Education, run by several yeshiva graduates, who have criticized them for providing an inadequate secular education. At the heart of the yeshiva controversy lies two important interests in education: the right of the parent to choose an appropriate education, which may include values-laden religious education, and the right of each child to receive an appropriate education, as guaranteed by the state. These interests raise further questions. If preference is given to the former, how much freedom should be given to a parent in choosing an appropriate education? If the latter, how does the state define what constitutes an appropriate education or measure the extent to which an appropriate education has been achieved? And when can—or must—the state override the wishes of parents? The purpose of this book is to explore these difficult questions.
This text presents a comparative, cross-cultural analysis of the legal status of religion in public education in eighteen different nations while offering recommendations for the future improvement of religious education in public schools. Offering rich, analytical insights from a range of renowned scholars with expertise in law, education, and religion, this volume provides detailed consideration of legal complexities impacting the place of religion and religious education in public education. The volume pays attention to issues of national and international relevance including the separation of the church and state; public funding of religious education; the accommodation of students’ devotional needs; and compulsory religious education. The volume thus highlights the increasingly complex interplay of religion, law, and education in diverse educational settings and cultures across developing and developed nations. Providing a valuable contribution to the field of religious secondary education research, this volume will be of interest to researchers, academics, and educators with an interest in religion and law, international and comparative education, and those involved with educational policy at all levels. Those more broadly interested in moral and values education will also benefit from the discussions the book contains.
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book first examines key concepts, before presenting national models of religion and education in Europe and analyzing case studies relating to religious symbols worn at school and to the teaching of religious education. Legal questions are examined in a wider context, in the light of the intentions of state policy and of current national and transnational debates. Controversies on the legal implications of personal and national identities are for example analyzed. From a comparative perspective, the chapters examine the possible converging power of human rights and anti-discrimination discourses and reveal the difficulties and risks involved in seeking to identify the best model for Europe. This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education.
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.