Education Law

This fifth edition by Dr. Mawdsley will assist teachers and administrators in recognizing legal problems and in developing preventive strategies to resolve those problems before they go to court. In the two decades since his first edition was published, legal problems facing religious and private schools have undergone many changes, and the amount of litigation has increased significantly.

This clear, readable introductory text for undergraduate and graduate Education Law courses or modules offers a practical guide to everyday problems such as student expression, discipline, religion, curriculum, social media, privacy, charter schools, discrimination, special education, and more. Features include distinctions among school, district, state, and federal law; the Facts and Find research method; the Cascade approach to the American legal system; lobbying advice; and the new federal Every Student Succeeds Act (ESSA), the replacement to No Child Left Behind.

This treatise covers topics such as school finances, school search and crime issues, residency and fee issues, basic labor law, alternative education and vouchers, injuries to students, athletics, and the overall organization and regulation of public education.

Half of this treatise focuses on the rights of students, including such topics as religious rights, school attendance, privacy rights, free speech, extracurricular activities, student classifications (race, language, ability, age, and sex), students with disabilities, and discipline. The other half focuses on the rights of teachers, mostly covering employment law.

This book explains the clear legal arguments that apply to pregnant and parenting students; offers interpretations of the law, and refers to literature on adolescent pregnancy and relays advice from school professionals and others.

Chapters explore such varied issues as academic freedom, copyright, privacy rights of students and of teachers, due process rights, unions and collective bargaining, and more. Each chapter opens with an introductory essay by the volume editor, followed by articles written and signed by invited experts, and concludes with Further Readings and Resources.

Explores the slowly growing body of case law that governs K-12 student and employee usage of social media, as well as the options available to school officials charged with handling the thorny issues often associated with this technology. Topics include social media devices and programs, cyberbullying, legal issues, and more. The monograph also provides guidelines for formulating, introducing, and monitoring social media policies.

Bruce Dierenfield has written a concise and readable guide to the first--and still most important--case that addressed the constitutionality of prayer in public schools. Writing with impeccable fairness and sensitivity, Dierenfield addresses battles over a wide range of religious activities in public schools throughout American history. He takes readers behind the scenes at school board meetings and Court deliberations to show real people wrestling with deeply personal issues. His book helps readers understand why Americans remain divided on how divided church and state should be.

Great legal decisions often result from the heroic actions of average citizens. Ellery's Protest is the story of how one student's objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century--and a decision that still reverberates in the battle over the role of religion in public life. Solomon also explores the political, cultural, and religious roots of the controversy. Ellery's Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.

Few constitutional issues have been as contentious in modern times as those concerning school prayer and the public funding of religious schools. But as Steven K. Green reveals in The Bible, the School, and the Constitution, this debate actually reached its apogee just after the Civil War, between 1863 and 1876. Green shows that controversy over Bible reading in public schools, commonly called "the School Question," captured national attention to an unprecedented degree.

To help readers gain a better understanding of conflicts over the proper role of religion in American public schools, this book focuses on the seven major types of conflicts that have become particularly confrontational. the cases on which the chapters focus concern issues that currently are being hotly debated in America. Controversies are described in relation to their historical origins and the author shows how the history affects current understanding of the issues. Thomas lays out the arguments, their historical and cultural contexts, and the groups that debate them and their goals. Anyone wishing to gain a better understanding of the controversies surrounding religion in American schools will be happy to find here not just a review of the issues, but a deeper consideration of the causes, consequences, and future of the debates and the role of religion in our public schools.

In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts underlying them, the Court has appeared to interpret Establishment Clause guarantees in light of the past jurisprudence when in reality that jurisprudence has been turned on its head.

This collection of essay results from a series of conference held in 2012 and 2013, organized to draw attention to legal problems arising out of religious diversity in education. Contributors include internationally renowned judged and experts on education law as well as a number of lawyers actvely engaged in education policy making. Concern over the accomodation of various religious groups in education is strong, and this book makes an important contrbution to the legal literature on the situation in Europe. Readership: Academic lawyers: Practising lawyers, students and scholars of education law and education policy; government officials. (Series: Studies in Human Rights in Education) [Subject: Education Law, Education Policy, European Law]

An informative and dynamic series of articles, essays, and discussion questions from nearly 30 authors, concerning religion in public primary/secondary schools and universities. The text considers the subject’s background, the development of legal precedent, as well as contemporary and future issues of educational administration, in three sections: History, Philosophy, and Trends; Educational Practices; and The Trump Administration – Looking Ahead. In this timely third section, the authors look ahead and candidly express their personal views about potential changes to issues of religion and law in public schools under the Trump administration.

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.