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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 by Derek Black,Robert A. Garda Jr.,John E. Taylor,Emily Gold Waldman Pdf
Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual
Reforming Legal Education by David M. Moss,Debra Moss Curtis Pdf
In today’s volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective reform efforts. Each contributed chapter presents a case study of a data-driven curriculum reform effort. The initial chapters set the conceptual context for the book, while the final chapter offers summative recommendations for considering legal education reform as derived from the earlier case study chapters. This book adds significantly to the literature in legal education, as we gain first hand insight into evidence based reform for the legal education community.
This book reveals the important role lawyers, law, and courts play in struggles over educational resources, especially when it comes to the translation of policy goals into legal claims.
Education Law by Derek Black,Robert A. Garda Jr.,John E. Taylor,Emily Gold Waldman Pdf
Written by Derek Black, Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this second edition casebook develops Education Law through the themes of equality, fairness, and reform. Specifically, Education Law: Equality, Fairness, and Reform, Second Edition, focuses on the laws of equal educational opportunity for various different disadvantaged student populations, the recent reform movements designed to improve education, and the general constitutional rights that extend to all students. Updates included in the second edition include a new chapter devoted to teachers’ rights and reforms, including terminations, tenure, unions, and teacher evaluation, an entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act and expansion of sections dealing with sexual orientation and gender identity. New chapter devoted to teachers’ rights and reforms, including terminations, tenure, unions, and teacher evaluation. Entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act. Expansion of sections dealing with sexual orientation and gender identity, including the recent Fourth Circuit decision in Grimm v. Gloucester County. Reprint of Taylor v. Itawamba, the story of a protest rap song that captured the nation’s attention this past year. Additional focus on administrative remedies where court decisions have constrained private causes of action.
The Courts and Standards Based Reform by Benjamin Michael Superfine Pdf
Since the desegregation of public schools in the 1950s, the concept of standards-based reform has become a central topic within educational policy. Every American state is now required to enact standards-based reform policies while shifting responsibility away from the government and holding schools more accountable for their students performance. The Courts and Standards-Based Education Reform positions itself at the center of the long standing dispute between law, education, and public policy and analyzes the court's growing role in educational policy. Benjamin Superfine contends that the courts are a strong force in determining education policy, and have been placed in the position to decide some of the most contentious and important issues facing education law as the standards-based reform movement has grown. Such major cases addressed by the courts, in light of standards-based reforms, include the No Child Left Behind Act of 2001, and school finance reform litigation. As the courts continue to rule in cases that challenge fundamental aspects of U.S. educational policy, Superfine provides a new approach that can be used in the application and rulings of standards-based reforms.
In the struggle to ensure that schools receive their fair share of financial and educational resources, reformers translate policy goals into legal claims in a number of different ways. This enlightening new work uncovers the options reformers have in framing legal challenges and how the choices they make affect politics and policy beyond the courtroom. Focusing on two of the most controversial and far-reaching court decisions in the nation in school finance and education reform, Framing Equal Opportunity follows lawyers and activists in New Jersey and Kentucky as they negotiate the complicated political terrain of educational change in their respective states. Unlike other books on law and reform, this work emphasizes the importance of legal translation—the process through which reformers transform their visions and goals into plausible legal claims. As it reveals, the kinds of arguments lawyers choose to make matter not only to their success in the courtroom, but also to the nature of the political fights they face in the community at large.
The Oxford Handbook of U.S. Education Law by Anonim Pdf
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.
Education Governance for the Twenty-First Century by Paul Manna,Patrick McGuinn Pdf
America's fragmented, decentralized, politicized, and bureaucratic system of education governance is a major impediment to school reform. In this important new book, a number of leading education scholars, analysts, and practitioners show that understanding the impact of specific policy changes in areas such as standards, testing, teachers, or school choice requires careful analysis of the broader governing arrangements that influence their content, implementation, and impact. Education Governance for the Twenty-First Century comprehensively assesses the strengths and weaknesses of what remains of the old in education governance, scrutinizes how traditional governance forms are changing, and suggests how governing arrangements might be further altered to produce better educational outcomes for children. Paul Manna, Patrick McGuinn, and their colleagues provide the analysis and alternatives that will inform attempts to adapt nineteenth and twentieth century governance structures to the new demands and opportunities of today. Contents: Education Governance in America: Who Leads When Everyone Is in Charge?, Patrick McGuinn and Paul Manna The Failures of U.S. Education Governance Today, Chester E. Finn Jr. and Michael J. Petrilli How Current Education Governance Distorts Financial Decisionmaking, Marguerite Roza Governance Challenges to Innovators within the System, Michelle R. Davis Governance Challenges to Innovators outside the System, Steven F. Wilson Rethinking District Governance, Frederick M. Hess and Olivia M. Meeks Interstate Governance of Standards and Testing, Kathryn A. McDermott Education Governance in Performance-Based Federalism, Kenneth K. Wong The Rise of Education Executives in the White House, State House, and Mayor's Office, Jeffrey R. Henig English Perspectives on Education Governance and Delivery, Michael Barber Education Governance in Canada and the United States, Sandra Vergari Education Governance in Comparative Perspective, Michael Mintrom and Richard Walley Governance Lessons from the Health Care and Environment Sectors, Barry G. Rabe Toward a Coherent and Fair Funding System, Cynthia G. Brown Picturing a Different Governance Structure for Public Education, Paul T. Hill From Theory to Results in Governance Reform, Kenneth J. Meier The Tall Task of Education Governance Reform, Paul Manna and Patrick McGuinn
The Big Lies of School Reform by Paul C. Gorski,Kristien Zenkov Pdf
The Big Lies of School Reform provides a critical interruption to the ongoing policy conversations taking place around public education in the United States today. By analyzing the discourse employed by politicians, lobbyists, think tanks, and special interest groups, the authors uncover the hidden assumptions that often underlie popular statements about school reform, and demonstrate how misinformation or half-truths have been used to reshape public education in ways that serve the interests of private enterprise. Through a thoughtful series of essays that each identify one “lie“ about popular school reform initiatives, the authors of this collection reveal the concrete impacts of these falsehoods—from directing funding to shaping curricula to defining student achievement. Luminary contributors including Deborah Meier, Jeannie Oakes, Gloria Ladson-Billings, and Jim Cummins explain how reform movements affect teachers and administrators, and how widely-accepted mistruths can hinder genuine efforts to keep public education equitable, effective, and above all, truly public. Topics covered include common core standards, tracking, alternative paths to licensure, and the disempowerment of teachers’ unions. Beyond critically examining the popular rhetoric, the contributors offer visions for improving educational access, opportunity, and outcomes for all students and educators, and for protecting public education as a common good.
The School-to-Prison Pipeline by Catherine Y. Kim,Daniel J. Losen,Damon T. Hewitt Pdf
Examines the relationship between the law and the school-to-prison pipeline, argues that law can be an effective weapon in the struggle to reduce the number of children caught, and discusses the consequences on families and communities.
In Realizing Educational Rights, Anne Newman examines two educational rights questions that arise at the intersection of political theory, educational policy, and law: What is the place of a right to education in a participatory democracy, and how can we realize this right in the United States? Tracking these questions across both philosophical and pragmatic terrain, she addresses urgent moral and political questions, offering a rare, double-pronged look at educational justice in a democratic society. Newman argues that an adequate K–12 education is the right of all citizens, as a matter of equality, and emphasizes that this right must be shielded from the sway of partisan and majoritarian policy making far more than it currently is. She then examines how educational rights are realized in our current democratic structure, offering two case studies of leading types of rights-based activism: school finance litigation on the state level and the mobilization of citizens through community-based organizations. Bringing these case studies together with rich philosophical analysis, Realizing Educational Rights advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.
