Educational Policy and the Law

Abstract

1. Schooling and the State. I. The Pierce Compromise and its Implications for Education Governance. II. Compulsory Schooling, Public Policy, and the Constitution. III. State Regulation of Nonpublic Schools. IV. Home Schooling. V. Discrimination and Private Education. VI. State Aid to Private Schools. 2. Socialization and Student and Teacher Rights. I. Introduction. II. Religious, Political, and Moral Socialization. III. Opening the School to Alternative Ideas. 3. The Disciplinary Process: The Legalization of Dispute Resolution in Public Schools. I. Introduction. II. Governmental Regularity and School Rules. III. Gathering the Evidence to Prove the Infraction. IV. Procedural Due Process. 4. Equal Educational Opportunity and Race. I. Introduction. II. The Judicial Response to School Segregation. III. The Progress of School Desegregation. IV. Desegregation: Evolution of a Constitutional Standard. V. Desegregation: An Emerging National Standard. VI. End of an Era? VII. School Desegregation: The Role of the Political Branches. VIII. Second Generation Problems. 5. Equality and Difference: The Special Challenges of Gender Equality. I. Introduction. II. The Search for a Constitutional Standard. III. The Legislative Framework: Title IX of the Education Amendments of 1972. IV. Conclusion. 6. Equal Educational Opportunity and the Dilemma of Difference: Beyond Race and Gender. I. Introduction. II. Ethnicity and National Origin. III. Disability: From Incapable of Benefiting from an Education to the Right to an Appropriate Education. IV. Poverty and Homelessness. V. Conclusion. 7. Equal Educational Opportunity and School Finance. I. Introduction. II. Interdistrict Inequalities. III. Intradistrict Inequalities. IV. The Right to a Free Public Education. V. Race and School Finance. 8. Educational Governance and the Law. I. Introduction. II. Federal, State, and Local Authority over Educational Decision Making. III. The Balance of Power: Elected Officials, Career Professionals, and Courts. IV. Schools and Markets. Appendix: United States Constitution. Index of Authors. Subject Index.