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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…mehr
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.
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Autorenporträt
Kristine L. Bowman, a leading scholar of education law, is jointly appointed as a Professor of Law and Professor of Education Policy at Michigan State University, where she also serves as Associate Dean for Academic and Student Affairs in the top-ranked College of Education. Bowman is a prolific scholar with expertise in free speech, racial/ethnic equity, and governance in in the K-12 context. She has published widely in prominent law reviews, journals for multi-disciplinary audiences, and edited volumes. In addition to presenting regularly throughout the country, Bowman has taught or lectured in nine countries. Prior to teaching, Bowman practiced at Franczek Sullivan, P.C. (now Franczek), in Chicago, where she represented school districts, and clerked on the United States Court of Appeals for the Eighth Circuit. During law school she worked at the United States Department of Education, Office for Civil Rights. In 2001, Bowman graduated magna cum laude from the Duke University Law School, having served as both the Articles Editor of the Duke Law Journal and the Associate Executive Editor of the Duke Journal of Gender Law and Policy. She simultaneously received her M.A. in Humanities and Graduate Certificate in Women's Studies from Duke University. Bowman earned her B.A. summa cum laude, Phi Beta Kappa, from Drake University.
Inhaltsangabe
* Part I: Foundational Ideas and Fundamental Debates * 1. The Role of Lawyers in Education Reform * Chiara Parisi and Christopher Edley, Jr. * 2. Education in Context: Schools and Their Connections to Societal Inequalities * Kevin Welner and Sarah LaCour * 3. Schooling for Democracy: Past, Present, and Future * Michael A. Rebell * 4. The Constitutionally Anomalous Right to Education * Joshua E. Weishart * 5. Developing the Free Mind * Emily Buss * Part II: Educational Governance, Regulation, and Finance * 6. The Shifting Landscape of Education Governance * Jeffrey W. Snyder and Sarah Reckhow * 7. Education Federalism: Why It Matters and How the United States Should Restructure It * Kimberly Jenkins Robinson * 8. Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-Giving, and Agency Accountability * Nora Gordon and Eloise Pasachoff * 9. How States Fund Education * Ajay Srikanth, Michael Atzbi, Bruce D. Baker, and Mark Weber * 10. State Constitutional Analysis in School Finance Litigation * William E. Thro * 11. Standards-Based Reform and Accountability Law and Policy: History, Implementation, and Outcomes * Benjamin Michael Superfine, Craig De Voto, and Andria Shyjka * Part III: Students and Anti-Discrimination in Education * 12. Contested Meanings of Equality: The Unrealized Promise of the Anti-discrimination Principle and the Uncertain Future of a Right to Education * Rachel F. Moran * 13. The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K-12 Schools * Chloe Latham Sikes and Liliana M. Garces * 14. The Muddled Distinction Between De Jure and De Facto Segregation * Elise C. Boddie * 15. School District Boundaries: Consequences and Challenges * Erica Frankenberg, Genevieve Siegel-Hawley, and Sarah Diem * 16. The School-to-Prison Pipeline: How Federal Anti-Discrimination Law Fails to Protect Equal Educational Opportunity * Erik J. Girvan * 17. Closing Achievement Gaps Through Socioeconomic Integration * Derek W. Black * 18. Educating English Learners * Madeline Mavrogordato and Rachel S. White * 19. Challenges Facing Immigrant Students * Matthew Patrick Shaw * 20. Sex Discrimination and the Transformation of U.S. Education * Erin E. Buzuvis * 21. Transgender Students * Suzanne Eckes and Maria M. Lewis * 22. Students with Disabilities: A Half-Century of Progress * Laura Rothstein * 23. Students with Disabilities and School Choice * Robert Garda, Jr., Wendy Hensel, and Paul O'Neill * 24. Least Restrictive Environment and the Education of Children with Disabilities * Mark C. Weber * Part IV: Students' Individual Rights * 25. Students' Individual Rights: Safety and Privacy * Martin Gardner * 26. Surveillance and Security Practices in Schools * Jason P. Nance * 27. Student Privacy and the Law in the Internet Age * Leah Plunkett, Urs Gasser, and Sandra Cortesi * 28. Eighty Years of Students' Free Speech in Public Schools * Kristine L. Bowman * 29. School Jurisdiction Over Online Speech * Emily Gold Waldman * 30. Religion in the Schools * John E. Taylor * 31. School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations * Julie F. Mead * Part V: Education Law in 2030 * 32. Education in Virtual Environments * Aaron Saiger * 33. Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and "School Choice" * Natalie Gomez-Velez * 34. Parental Choice and the Future of Faith-Based Schools * Nicole Stelle Garnett * 35. Teacher Labor Market Reforms: A Look Ahead to the Next Decade * Joshua M. Cowen and Katharine O. Strunk * 36. Racial and Ethnic Equity in American Public Schools: Looking Ahead * Kristine L. Bowman, Preston Green III, Shajuti Hossain, Michael A. Olivas, and Siri Warkentien * 37. Equality, Liberty, and Education * Daniel Kiel
* Part I: Foundational Ideas and Fundamental Debates * 1. The Role of Lawyers in Education Reform * Chiara Parisi and Christopher Edley, Jr. * 2. Education in Context: Schools and Their Connections to Societal Inequalities * Kevin Welner and Sarah LaCour * 3. Schooling for Democracy: Past, Present, and Future * Michael A. Rebell * 4. The Constitutionally Anomalous Right to Education * Joshua E. Weishart * 5. Developing the Free Mind * Emily Buss * Part II: Educational Governance, Regulation, and Finance * 6. The Shifting Landscape of Education Governance * Jeffrey W. Snyder and Sarah Reckhow * 7. Education Federalism: Why It Matters and How the United States Should Restructure It * Kimberly Jenkins Robinson * 8. Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-Giving, and Agency Accountability * Nora Gordon and Eloise Pasachoff * 9. How States Fund Education * Ajay Srikanth, Michael Atzbi, Bruce D. Baker, and Mark Weber * 10. State Constitutional Analysis in School Finance Litigation * William E. Thro * 11. Standards-Based Reform and Accountability Law and Policy: History, Implementation, and Outcomes * Benjamin Michael Superfine, Craig De Voto, and Andria Shyjka * Part III: Students and Anti-Discrimination in Education * 12. Contested Meanings of Equality: The Unrealized Promise of the Anti-discrimination Principle and the Uncertain Future of a Right to Education * Rachel F. Moran * 13. The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K-12 Schools * Chloe Latham Sikes and Liliana M. Garces * 14. The Muddled Distinction Between De Jure and De Facto Segregation * Elise C. Boddie * 15. School District Boundaries: Consequences and Challenges * Erica Frankenberg, Genevieve Siegel-Hawley, and Sarah Diem * 16. The School-to-Prison Pipeline: How Federal Anti-Discrimination Law Fails to Protect Equal Educational Opportunity * Erik J. Girvan * 17. Closing Achievement Gaps Through Socioeconomic Integration * Derek W. Black * 18. Educating English Learners * Madeline Mavrogordato and Rachel S. White * 19. Challenges Facing Immigrant Students * Matthew Patrick Shaw * 20. Sex Discrimination and the Transformation of U.S. Education * Erin E. Buzuvis * 21. Transgender Students * Suzanne Eckes and Maria M. Lewis * 22. Students with Disabilities: A Half-Century of Progress * Laura Rothstein * 23. Students with Disabilities and School Choice * Robert Garda, Jr., Wendy Hensel, and Paul O'Neill * 24. Least Restrictive Environment and the Education of Children with Disabilities * Mark C. Weber * Part IV: Students' Individual Rights * 25. Students' Individual Rights: Safety and Privacy * Martin Gardner * 26. Surveillance and Security Practices in Schools * Jason P. Nance * 27. Student Privacy and the Law in the Internet Age * Leah Plunkett, Urs Gasser, and Sandra Cortesi * 28. Eighty Years of Students' Free Speech in Public Schools * Kristine L. Bowman * 29. School Jurisdiction Over Online Speech * Emily Gold Waldman * 30. Religion in the Schools * John E. Taylor * 31. School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations * Julie F. Mead * Part V: Education Law in 2030 * 32. Education in Virtual Environments * Aaron Saiger * 33. Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and "School Choice" * Natalie Gomez-Velez * 34. Parental Choice and the Future of Faith-Based Schools * Nicole Stelle Garnett * 35. Teacher Labor Market Reforms: A Look Ahead to the Next Decade * Joshua M. Cowen and Katharine O. Strunk * 36. Racial and Ethnic Equity in American Public Schools: Looking Ahead * Kristine L. Bowman, Preston Green III, Shajuti Hossain, Michael A. Olivas, and Siri Warkentien * 37. Equality, Liberty, and Education * Daniel Kiel
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