Education Law: Equality, Fairness, and Reform

34 Pages Posted: 27 May 2013 Last revised: 16 Sep 2014

Derek W. Black

University of South Carolina - School of Law

Robert A. Garda Jr.

Loyola University of New Orleans College of Law

John E. Taylor

West Virginia University College of Law

Emily Gold Waldman

Pace University - School of Law

Date Written: May 25, 2013

Abstract

Education Law: Equality, Fairness, and Reform situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and policy reports. It offers comprehensive coverage of education law while also focusing specifically on equality and civil rights issues. It includes individual chapters on each major area of inequality: race, poverty, gender, disability, homelessness, and language status. Those chapters are followed by a structured approach to the complex first amendment questions, dividing the first amendment into three different chapters and addressing, in order, freedom of expression and thought, religion in schools, and the intersection of religion and freedom of expression with school curriculum. Two chapters relating to current educational reform — No Child Left Behind, Standardized Testing, Charter Schools, and Vouchers — close out the book.

Narrative introductions to every chapter, major section, and case synthesize and foreshadow the material to improve student comprehension and retention. Efficient presentation of carefully-edited cases and secondary sources permit comprehensive inclusion of case law and secondary issues. Student-friendly questions and notes follow each case. Hypothetical problems follow each subsection and draw on multiple skills: synthesis of law, factual application, fact gathering, professional judgment, and practical problem-solving skills. These problems can be modified for group exercises, class discussion, or writing assignments.

Keywords: education law, race, segregation, discrimination, gender, poverty, school finance,disability, special education, English Language Learners, English as a Second Language, Immigrant, Latino Student, Bilingual Education, Freedom of Speech, Freedom of Expression, Sex Harassment, Religion, Charter School

Suggested Citation

Black, Derek W. and Garda, Robert A. and Taylor, John E. and Waldman, Emily Gold, Education Law: Equality, Fairness, and Reform (May 25, 2013). WVU Law Research Paper No. 2013-10. Available at SSRN: https://ssrn.com/abstract=2270078 or http://dx.doi.org/10.2139/ssrn.2270078

Derek W. Black (Contact Author)

University of South Carolina - School of Law ( email )

Main & Greene Streets
Columbia, SC 29208
United States

Robert A. Garda Jr.

Loyola University of New Orleans College of Law ( email )

7214 St. Charles Ave.
Campus Box 901
New Orleans, LA 70118
United States

John E. Taylor

West Virginia University College of Law ( email )

P.O. Box 6130
Morgantown, WV 26506
United States
304-293-8180 (Phone)
304-293-6891 (Fax)

Emily Gold Waldman

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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