Education Law

Education Law

Education Law

Education Law


Education Law, Second Edition provides a comprehensive survey of the legal problems and issues that confront school administrators and policymakers. The greater the likelihood of litigation or error in a particular area of professional practice, the more extensive the discussion. In response to student feedback, the new edition contains about half as much case material and about twice as much commentary as the first edition. Landmark cases and cases that best illustrate major principles of education law have been retained and surrounded by expanded discussion and analysis. Students who want additional cases can easily access them via the Internet. Education Law includes a thorough analysis of: *federal and state constitutional provisions that pertain to educational practice, *state constitutional clauses mandating the provision of equitable and adequate education to all the state's children, *federal and state statutes such as those prohibiting discrimination in employment and mandating the provision of services that meet specified requirements to disabled students, and *the very extensive body of case law interpreting and applying constitutional, statutory, and common law principles. Major features of this outstanding new text include: *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--carefully edited cases are integrated into the analysis of legal issues. Students with little or no background in law are exposed to the subtlety and richness of legal thinking while learning basic legal concepts and principles. *Up-to-date--all topics have been revised and updated. About 50% of the text of the second edition is either new or extensively revised and more than 500 of the 1200 entries in the table of cases are new. Appropriate for either the first course on school law for administrators or for doctoral level courses in educational policy and law.


The goal of this book is to provide education 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 or 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. 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. 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.

One cannot understand the subtlety and richness of the law without reading court decisions, but for legal neophytes 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. the cases are edited to emphasize the issues most relevant to educational practice. 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 citation are removed, no mark is employed. in some of the cases, we have provided summaries for long passages or added a word or phrase for clarity. Anything added to an opinion by the authors is enclosed in brackets.

One of the difficulties of producing a comprehensive treatment of U.S. education law is that legal principles and interpretations can vary significantly from state to state. No attempt has been made to exhaustively review the law of each state. Rather, the text focuses on generally applicable principles, noting areas where the specifics of state law . . .

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