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This textbook-casebook incorporates recent developments in education law into its conceptual framework by offering updated analysis of major topics in education law. With new material in all of its sixteen chapters, the book includes significant updates on church-state relations, employee rights, and student rights. There are now two chapters on student rights; Chapter 13 examines student rights involving due process, discipline, and sexual harassment; Chapter 14 focuses on free speech including student internet use case excerpts from two differing Circuit court cases. The author also includes Supreme Court opinions on strip searches of students, teacher bargaining and free speech rights.
Using case studies as illustrations, this text explores the ways in which public schooling was shaped by state constitutions, by state statutes and administrative law, and by appellate decisions concerning public public education.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.
This readable introduction to American public education law is designed to assist practicing educators, college and graduate students, parents, and the public in acting on everyday legal issues such as student expression, church/state separation, student and teacher discipline, curriculum, legislating and lobbying, parent associations, discrimination, special education, No Child Left Behind, student privacy, and more. Unique features include practical situations, the «Facts and Find» research method, and the «Cascade» approach to understanding the American legal system.
Alexander and Alexander’s best-selling AMERICAN PUBLIC SCHOOL LAW sets the standard for books in educational law, an increasingly vital area of expertise for today’s school and district administrators. Now in its Eighth Edition, this combined textbook/casebook provides an authoritative and comprehensive view of the law that governs the public school system of the United States, including common law, statutes, and constitutional laws as they affect students, teachers, and administrators. Featuring civil and criminal cases selected from hundreds of jurisdictions and newly updated to reflect the latest legal trends and precedents, the book reviews key laws and relevant court decisions. The case method offers ample opportunity for discussions aimed at discovering and exposing the underlying rules and reasoning, and the text actively encourages readers to relate factual situations to the law while anticipating similar experiences they may have as practicing teachers and administrators. Written in an engaging and accessible style, AMERICAN PUBLIC SCHOOL LAW, Eighth Edition, explains even complex points of law clearly and effectively for non-lawyers, and the authors maintain a diligent focus on the unique needs of professional educators preparing for successful careers in administration. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
This book makes the case for a more legally literate society and then addresses why and how a law school might contribute to achieving that. Moreover examining what public legal education (PLE) is and the forms it can take, the book looks specifically at the ways in which a law school can get involved, including whether that is as part of an academic, credit-bearing, course or as extra-curricular activity. Divided into five main chapters, the book first examines the nature of PLE and why its provision is so central to the functioning of modern society. Models of PLE are then set out ranging from face-to-face tuition to the use of hard-copy material, including the growing importance of e-based technology. One model of PLE that has proven to be very attractive to law schools – Street Law – is described and analysed in detail. The book then turns to look at the considerations for a law school wishing to incorporate PLE into its offerings be that as part of the formal curriculum or not. The subject of evaluation is then raised – how might we find out if what we do by way of PLE is effective and how it might be improved upon? The final chapter reaches conclusions, some penned by the book’s author and others drawn from key figures in the PLE movement. This book provides a thorough examination of PLE in a law school context and contains a set of templates that can be implemented and/or adapted for use as the situation and jurisdiction dictate. An accessible and compelling read, this book will be of interest to law students, legal academics, practising lawyers, community activists and all those interested in PLE.
It also discusses the implications of the law for educational policy and practice."--Jacket.