Education Law

Education Law

Education Law

Education Law

Synopsis

Educational Law provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers. If there is a greater likelihood of litigation or error in a particular area of professional practice, the discussion is more extensive. The book is organized in accordance with the author's belief that students need to read cases to understand the subtlety and richness of the law, but for legal neophytes, cases without discussion and interpretation are often difficult to comprehend. Thus the text both explains the important concepts and principles of education law and presents court decisions to illuminate them. By employing this structure, the book combines the strengths of the traditional casebook and those of the legal treatise. It also discusses the implications of the law for educational policy and practice. Key features include the following: *Presentation --To aid comprehension, technical legal terms are carefully explained when first introduced and discussions of complex topics move logically from overview to elaboration of important details to summary of key topics and principles. *Cases --By integrating carefully edited cases into the analysis of legal issues, the book exposes students with little or no background in law to the subtlety and richness of legal thinking. *New Material --The third edition incorporates extensive treatment of new cases and legislation of the last five years. Topics that have been added or significantly expanded include: the No Child Left Behind Act, students rights--especially in the areas of free speech and search and seizure, vouchers and government assistance to private and religious schools, employment discrimination, racial and sexual harassment of students and school employees, affirmative action and voluntary school integration, equity and adequacy in school finance, issues relating to use of the Internet, and the law relating to special student populations. The table of cases contains about 250 more entries than in the second edition.

Excerpt

The goal of this book is to provide educational administrators and policy makers with the legal knowledge necessary to do their jobs. The text is organized to reflect the variety of legal problems that professional elementary and secondary school educators actually face. The greater the likelihood of litigation, legal controversy, or error in a particular area of professional practice, the more extensive the discussion.

Every effort has been made to make the book comprehensible to readers with little or no background in law. The text is written in a style that educators should find familiar. The first chapter is devoted to providing a foundation for understanding the remainder of the book, including a thorough explanation of the system of legal citations employed. When a technical legal term is used, its meaning is explained. Discussions of particularly complex topics begin with an overview, and subsequent sections provide additional detail. The last section of each chapter provides a summary of the most significant topics and principles discussed. Footnotes are placed on the same page as the related text so the reader can readily ascertain the source of authority for the principles under discussion.

One cannot understand the subtlety and richness of the law without reading court decisions, but for legal neophyets, cases without discussion and interpretation can be incomprehensible. Thus, the text explains the important concepts and principles of education law and presents court decisions to illustrate and illuminate them. By employing this structure, we have attempted to combine the strengths of the traditional casebook and those of the legal treatise. We have also incorporated some discussion of the implications of the law for educational policy and practice.

The cases presented are edited to emphasize the issues most relevant to educators. Discussions of judicial rules and procedures and of technical questions not connected to the work of educational administrators and policy makers have been eliminated wherever possible. Many of the references, citations, and footnotes in the original court decisions have also been deleted. Within the cases, ellipses indicate the removal of substantive text; where only references or citations are removed, no mark is employed. In some of the cases, we have . . .

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