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The Courts And The Public Schools
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Book Synopsis The Schoolhouse Gate by : Justin Driver
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Schoolhouses, Courthouses, and Statehouses by : Eric A. Hanushek
Download or read book Schoolhouses, Courthouses, and Statehouses written by Eric A. Hanushek and published by Princeton University Press. This book was released on 2009-04-27 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving public schools through performance-based funding Spurred by court rulings requiring states to increase public-school funding, the United States now spends more per student on K-12 education than almost any other country. Yet American students still achieve less than their foreign counterparts, their performance has been flat for decades, millions of them are failing, and poor and minority students remain far behind their more advantaged peers. In this book, Eric Hanushek and Alfred Lindseth trace the history of reform efforts and conclude that the principal focus of both courts and legislatures on ever-increasing funding has done little to improve student achievement. Instead, Hanushek and Lindseth propose a new approach: a performance-based system that directly links funding to success in raising student achievement. This system would empower and motivate educators to make better, more cost-effective decisions about how to run their schools, ultimately leading to improved student performance. Hanushek and Lindseth have been important participants in the school funding debate for three decades. Here, they draw on their experience, as well as the best available research and data, to show why improving schools will require overhauling the way financing, incentives, and accountability work in public education.
Book Synopsis Achieving High Educational Standards for All by : National Research Council
Download or read book Achieving High Educational Standards for All written by National Research Council and published by National Academies Press. This book was released on 2002-04-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues.
Book Synopsis Does God Belong in Public Schools? by : Kent Greenawalt
Download or read book Does God Belong in Public Schools? written by Kent Greenawalt and published by Princeton University Press. This book was released on 2009-01-10 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.
Book Synopsis The Pursuit of Racial and Ethnic Equality in American Public Schools by : Kristi L. Bowman
Download or read book The Pursuit of Racial and Ethnic Equality in American Public Schools written by Kristi L. Bowman and published by MSU Press. This book was released on 2014-12-19 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1954 the Supreme Court decided Brown v. Board of Education; ten years later, Congress enacted the Civil Rights Act. These monumental changes in American law dramatically expanded educational opportunities for racial and ethnic minority children across the country. They also changed the experiences of white children, who have learned in increasingly diverse classrooms. The authors of this commemorative volume include leading scholars in law, education, and public policy, as well as important historical figures. Taken together, the chapters trace the narrative arc of school desegregation in the United States, beginning in California in the 1940s, continuing through Brown v. Board, the Civil Rights Act, and three important Supreme Court decisions about school desegregation and voluntary integration in 1974, 1995, and 2007. The authors also assess the status of racial and ethnic equality in education today and consider the viability of future legal and policy reform in pursuit of the goals of Brown v. Board. This remarkable collection of voices in conversation with one another lays the groundwork for future discussions about the relationship between law and educational equality, and ultimately for the creation of new public policy. A valuable reference for scholars and students alike, this dynamic text is an important contribution to the literature by an outstanding group of authors.
Book Synopsis American Public School Law by : Kern Alexander
Download or read book American Public School Law written by Kern Alexander and published by Cengage Learning. This book was released on 2011-01-01 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Lessons in Censorship by : Catherine J. Ross
Download or read book Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
Download or read book Complex Justice written by Joshua M. Dunn and published by UNC Press Books. This book was released on 2012-09-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
Download or read book A Fine Line written by Tim DeRoche and published by . This book was released on 2020-05-17 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Which side of the line do you live on? In 1954 the Supreme Court ruled that little Linda Brown couldn't be excluded from a public school because of her race. In that landmark decision in Brown v. Board of Education, the court famously declared that public education must be "available to all on equal terms." But sixty-six years later, many of the best public schools remain closed to all but the most privileged families. Empowered by little-known state laws, school districts draw "attendance zones" around their best schools, indicating who is, and who isn't, allowed to enroll. In many American cities, this means that living on one side of the street or the other will determine whether you leave eighth grade on a track for future success - or barely able to read. In Separated By Law, bestselling author Tim DeRoche takes a close look at the laws and policies that dictate which kids are allowed to go to which schools. And he finds surprising parallels between current education policies and the "redlining" practices of the New Deal era in which minority families were often denied mortgages and government housing assistance because they didn't live within certain "desirable" zones of the city. It is an extraordinary story of American democracy gone wrong, and it will make you question everything you think you know about our public education system.
Book Synopsis Legal Issues in Education by : Kevin Grant Welner
Download or read book Legal Issues in Education written by Kevin Grant Welner and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Book Synopsis Equity and Adequacy in Education Finance by : National Research Council
Download or read book Equity and Adequacy in Education Finance written by National Research Council and published by National Academies Press. This book was released on 1999-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spending on K-12 education across the United States and across local school districts has long been characterized by great disparitiesâ€"disparities that reflect differences in property wealth and tax rates. For more than a quarter-century, reformers have attempted to reduce these differences through court challenges and legislative action. As part of a broad study of education finance, the committee commissioned eight papers examining the history and consequences of school finance reform undertaken in the name of equity and adequacy. This thought-provoking, timely collection of papers explores such topics as: What do the terms "equity" and "adequacy" in school finance really mean? How are these terms relevant to the politics and litigation of school finance reform? What is the impact of court-ordered school finance reform on spending disparities? How do school districts use money from finance reform? What policy options are available to states facing new challenges from court decisions mandating adequacy in school finance? When measuring adequacy, how do you consider differences in student needs and regional costs?
Book Synopsis Funding Public Schools by : Kenneth K. Wong
Download or read book Funding Public Schools written by Kenneth K. Wong and published by . This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the fundamental role of politics in funding our public schools and fills a conceptual imbalance in the current literature in school finance and educational policy. Unlike those who are primarily concerned about cost efficiency, Kenneth Wong specifies how resources are allocated for what purposes at different levels of the government. In contrast to those who focus on litigation as a way to reduce funding gaps, he underscores institutional stalemate and the lack of political will to act as important factors that affect legislative deadlock in school finance reform. Wong defines how politics has sustained various types of "rules" that affect the allocation of resources at the federal, state, and local level. While these rules have been remarkably stable over the past twenty to thirty years, they have often worked at cross-purposes by fragmenting policy and constraining the education process at schools with the greatest needs. Wong's examination is shaped by several questions. How do these rules come about? What role does politics play in retention of the rules? Do the federal, state, and local governments espouse different policies? In what ways do these policies operate at cross-purposes? How do they affect educational opportunities? Do the policies cohere in ways that promote better and more equitable student outcomes? Wong concludes that the five types of entrenched rules for resource allocation are rooted in existing governance arrangements and seemingly impervious to partisan shifts, interest group pressures, and constitutional challenge. And because these rules foster policy fragmentation and embody initiatives out of step with the performance-based reform agenda of the 1990s, the outlook for positive change in public education is uncertain unless fairly radical approaches are employed. Wong also analyzes four allocative reform models, two based on the assumption that existing political structures are unlikely to change and two that seek to empower actors at the school level. The two models for systemwide restructuring, aimed at intergovernmental coordination and/or integrated governance, would seek to clarify responsibilities for public education among federal, state, and local authorities-above all, integrating political and educational accountability. The other two models identified by Wong shift control from state and district to the school, one based on local leadership and the other based on market forces. In discussing the guiding principles of the four models, Wong takes care to identify both the potential and limitations of each. Written with a broad policy audience in mind, Wong's book should appeal to professionals interested in the politics of educational reform and to teachers of courses dealing with educational policy and administration and intergovernmental relations.
Book Synopsis Corporal Punishment in U.S. Public Schools by : Elizabeth T. Gershoff
Download or read book Corporal Punishment in U.S. Public Schools written by Elizabeth T. Gershoff and published by Springer. This book was released on 2015-01-27 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.
Book Synopsis A Federal Right to Education by : Kimberly Jenkins Robinson
Download or read book A Federal Right to Education written by Kimberly Jenkins Robinson and published by NYU Press. This book was released on 2023-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Brown v. Board of Education by : James T. Patterson
Download or read book Brown v. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Book Synopsis Lau V. Nichols by : Stephanie Sammartino McPherson
Download or read book Lau V. Nichols written by Stephanie Sammartino McPherson and published by Enslow Publishing. This book was released on 2000 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the 1974 Supreme Court case in which a group of Chinese American parents sued the San Francisco School Board on behalf of their children for not providing a special learning environment for Chinese-speaking students.
Book Synopsis The Public School Advantage by : Christopher A. Lubienski
Download or read book The Public School Advantage written by Christopher A. Lubienski and published by University of Chicago Press. This book was released on 2013-11-07 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly the whole of America’s partisan politics centers on a single question: Can markets solve our social problems? And for years this question has played out ferociously in the debates about how we should educate our children. From the growth of vouchers and charter schools to the implementation of No Child Left Behind, policy makers have increasingly turned to market-based models to help improve our schools, believing that private institutions—because they are competitively driven—are better than public ones. With The Public School Advantage, Christopher A. and Sarah Theule Lubienski offer powerful evidence to undercut this belief, showing that public schools in fact outperform private ones. For decades research showing that students at private schools perform better than students at public ones has been used to promote the benefits of the private sector in education, including vouchers and charter schools—but much of these data are now nearly half a century old. Drawing on two recent, large-scale, and nationally representative databases, the Lubienskis show that any benefit seen in private school performance now is more than explained by demographics. Private schools have higher scores not because they are better institutions but because their students largely come from more privileged backgrounds that offer greater educational support. After correcting for demographics, the Lubienskis go on to show that gains in student achievement at public schools are at least as great and often greater than those at private ones. Even more surprising, they show that the very mechanism that market-based reformers champion—autonomy—may be the crucial factor that prevents private schools from performing better. Alternatively, those practices that these reformers castigate, such as teacher certification and professional reforms of curriculum and instruction, turn out to have a significant effect on school improvement. Despite our politics, we all agree on the fundamental fact: education deserves our utmost care. The Public School Advantage offers exactly that. By examining schools within the diversity of populations in which they actually operate, it provides not ideologies but facts. And the facts say it clearly: education is better off when provided for the public by the public.
