After World War II, the government played an increasingly important role in administering social services, including edueation. With the rise of the administrative state came increased legislation and litigation regarding the allocation of authority over educational deeision making. During this time, the federal government began to play a signifieant role in shaping educational policy. Beginning with the United States Supreme Court's declaration that state-mandated racial segregation was uneonstitutional in Brown v. Board of Education, Congress and the federal courts embarked on efforts to ensure equal educational opportunity not only for racial and ethnic minorities but also for other groups, such as linguistic minorities, women, and students with disabilities.

Preface

Table of Cases

CHAPTER ONE: Schooling and the State 1

 Ⅰ. The ''Pierce Compromise'' and its Implications for Education Governance 1

''Democratic Education'' 3

Pierce v. Society of Sisters 10

Farrington v. Tokushige 19

Excerpts from the Farrington Briefs, Summarized in the Court's Opinion 21

 Ⅱ. Compulsory Schooling, Public Policy, and the Constitution 23

Wisconsin v. Yoder 23

 Ⅲ. State Regulation of Nonpublic Schools 42

''Private Education Alternatives and State Regulation'' 43

Fellowship Baptist Church v. Benton 44

State of Ohio v. Whisner 50

 Ⅳ. Home Schooling 56

Care and Protection of Charles 59

Stephens v. Bongart 65

State v. Massa 69

 Ⅴ. Discrimination and Private Education 75

''Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy; 76

Runyon v. McCrary 81

Brown v. Dade Christian Schools, Inc. 90

Ohio Civil Rights Commission v. Dayton Christian Schools, Inc. 95

 Ⅵ. State Aid to Private Schools 98

A. Pierce Extended: A Right to a State-Financed Nonpublic Education? 98

B. State Aid to Private Schools and the Constitution 101

''School Choice and Pnblic Funding'' 101

Mueller v. Allen 102

Agostini v. Felton 110

CHAPTER TWO: Socialization and Student and Teacher Rights 121

 Ⅰ. Introduction 121

A. The Socialization Dilemma 121

B. State Action 122

 Ⅱ. Religious, Political, and Moral Socialization 124

A. Sectarian Socialization 124

Wallace v. Jaffree 127

Lee v. Weisman 143

Edwards v. Aguillard 150

Smith v. Board of School Commissioners of Mobile County 166

Mozert v. Hawkins County Board of Education 173

B. Nonsectarian Socialization 184

Library Book Selection and the Public Schools: The Quest for the Archimedean Point 184

West Virginia State Board of Education v. Bamette 189

Board of Education, Island Trees Union Free School District No. 26 v. Pico 196

Crosby v. Holsinger 212

 Ⅲ. Opening the School to Alternative Ideas 224

A. Students' Rights of Expression 224

Tinker v. Des Moines Independent Community School District 225

Bethel School District No. 403 v. Fraser 234

Hazelwood School District v. Kuhlmeier 239

B. Changing the School's Message 250

Gary v. Board of Education 251

Board of Education of Westside Community Schools v. Mergens 261

Ambach v. Norwick 285

Pickering v. Board of Education 293

Cox v. Dardanelle Public School District 297

CHAPTER THREE: The Disciplinary Process: The Legalization of Dispute Resolution in Public Schools 305

 Ⅰ. Introduction 305

 Ⅱ. Governmental Regularity and School Rules 306

 Ⅲ. Gathering the Evidence to Prove the Infraction 308

New Jersey v. T.L.O. 308

Vernonia School District 47J v. Acton 317

 Ⅳ. Procedural Due Process 325

A. The Mlure of Due Process 325

''Proceduralism and Bureaucracy: Due Process in the School Setting'' 326

B. The Development of Constitutional Doctrine 327

Board of Regents v. Roth 327

Goss v. Lopez 337

Ingraham v. Wright 346

Board of Curators of the University of Missouri v. Horowitz 354

C. Implementing Due Process Protections 360

CHAPTER FOUR: Equal Educational Opportunity and Race 363

 Ⅰ. Introduction 363

 Ⅱ. The Judicial Response to School Segregation: The Brown Decision 363

A. Brown I: Legal and Policy Implications 363

Brown v. Board of Education 363

B. Brown II: The Scope of Relief 371

Brown v. Board of Education 371

 Ⅲ. The Progress of School Desegregation: 1954-1968 373

A. Southern Resistance 373

B. Measuring the Impact of Brown 374

C. The Administrative-Judicial Era 375

 Ⅳ. Desegregation: Evolution of a Constitutional Standard 375

A. Introduction 375

B. Green: Divining the Constitutional Violation from the Court's Remedial Requirements 376

Green v. County School Board 376

C. Establishing the Constitutional Violation in the South: Swarm and the Connection Between Past De Jure Conduct and Present Segregative Effects 381

Swarm v. Charlotte-Mecklenburg Board of Education 381

 Ⅴ. Desegregation: An Emerging National Standard 388

A. Introduction 388

B. Northern School Desegregation and the Supreme Court 389

Keyes v. School District No. 1 389

C. School District Boundaries: Does the Bus Stop Here? 399

Milliken v. Bradley 399

D. Court-Ordered Remedies Other than Pupil Reassignment 413

''School Desegregation Remedies and the Role of Social Science Research'' 413

E. Desegregation in Multiethnic Districts 417

 Ⅵ. End of an Era? 418

A. The Legal Significance of Achieving Unitary Status: Board of Education of Oklahoma City Public Schools v. Dowell 418

B. The Legal Significance of Achieving Partial Unitary Status 420

Freeman v. Pitts 421

C. Limits on Court-Ordered Remedies Other Than Pupil Reassignment 430

Missouri v. Jenkins 430

D. Limits on Voluntary Actions by School Boards to Reduce Segregation 444

Washington v. Seattle School District No. 1 444

Wessmann v. Gittens 449

E. State Innovation in the Face of a Declining Federal Commitment 460

Sheff v. O'Neill 460

 Ⅶ. School Desegregation: The Role of the Political Branches 468

A. Federal Legislation Prohibiting Discrimination on the Basis of Race 468

Title IV 468

Title VI 469

B. Intent versus Effect Standard for Title VI Regulations and Private Rights of Action 474

Alexander v. Sandoval 475

C. Efforts to Compel Administrative Enforcement 480

D. Congressional Reactions to Federal Enforcement by Courts and Administrative Agencies 482

Title VIII-- General Provisions Relating to the Assignment or Transportation of Students 482

 VⅢ. ''Second Generation'' Problems 484

A. Introduction 484

B. Student Classification Practices 484

''Tracking,'' in High Stakes: Testing for Tracking, Promotion, and Graduation 484

Lemon v. Bossier Parish School Board 489

Hobson v. Hansen 490

Larry P. v. Riles 507

C. Impact of''High-Stakes Testing'' on Racial and Ethnic Minorities 516

''High Stakes'' 516

D. Exclusionary Disciplinary Measures 524

Fuller v. Decatur Public School Board of Education School District 61 525

E. Impact of School Choice on Racial and Ethnic Minorities 528

''Race and School Choice'' 528

CHAPTER FIVE: Equality and Difference: The Special Challenges of Gender Equity 541

  Ⅰ. Introduction 541

''Reconstructing Sexual Equality'' 541

 Ⅱ. The Search for a Constitutional Standard 546

A. From Deference to Heightened Scrutiny 546

B. The Limits of the Analogy Between Race and Sex: Sex-Segregated Programs and Institutions 549

Mississippi University for Women v. Hogan 549

C. Single-SexEducation Revisited 556

U.S. v. Virginia 556

 Ⅲ. The Legislative Framework: Title IX of the Education Amendments of 1972 572

A. The Statutory Framework 573

Title IX--Prohibition of Sex Discrimination Sex Discrimination Prohibited 573

''Nondiscrimination on the Basis of Sex in Education Programs and Activities, Receiving or Benefiting from Federal Financial Assistance'' 574

B. Judicial Application of the Statutory Framework 578

Force v. Pierce City R-VI School District 578

Pfeiffer v. Marion Center Area School District 587

Chipman v. Grant County School District 591

C. Scholarships and School Admission Standards 592

Sharif by Salahuddin v. New York State Education Department 592

A Private Right of Action Under Title IX: The Special Case of Sexual Harassment 597

Gebser v. Lago Vista Independent School District 598

Davis v. Monroe County Board of Education 608

Nabozny v. Podlesny 618

Beyond Title IX: Does the Statute Reach the Roots of Gender Discrimination? 622

''How Schools Shortchange Girls'' 622

''The War Against Boys'' 628

 Ⅳ. Conclusion 634

CHAPTER SIX:Equal Educational Opportunity and the Dilemma of Difference: Beyond Race and Gender 635

 Ⅰ. Introduction 635

''The Dilemma of Difference'' 635

 Ⅱ. Ethnicity and National Origin 637

A. Language, Identity, and Equality 637

Lau v. Nichols 638

Martin Luther King Jr. Elementary School Children v. Michigan Board of Education 640

Castaneda v. Pickard 642

B. Policy and Politics 649

''Bye-bye to Bilingual Ed?'' 649

''The Educational Effectiveness of Bilingual Education'' 651

''A Meta-Analysis of the Effectiveness of Bilingual Education'' 656

''Bilingual Education, Immigration, and the Culture of Disinvestment'' 658

C. Culture and the Classroom 666

''Educational Rights and Latinos: Tracking as a Form of Second Generation Discrimination'' 666

D. Immigrant Status and Access to School 668

''Made in America'' 668

Plyler v. Doe 670

Proposition 187 681

League of United Latin American Citizens (LULAC) v. Wilson 681

 Ⅲ. Disability: From ''Incapable of Benefiting'' from an Education to the Right to an ''Appropriate'' Education 684

A. Introduction 684

''The Making of the Deaf'' 684

B. Establishing a Legal Conception of Equality for the Disabled 686

''Legal Reform of Special Education: Empirical Studies and Procedural Proposals'' 686

C. The Constitution and Education for the Disabled 688

Mills v. Board of Education 688

D. The Federal Statutory Framework 693

''Technical Controversies'' 694

Southeastern Community College v. Davis 698

Board of Education v. Rowley 704

Roncker v. Walter 713

Hartmann v. Loudoun County Board of Education 714

Disability and the Public Schools: The Case Against ''Inclusion'' 719

''Beyond Special Education: Toward a Quality System for All Students'' 723

Honig v. Doe 725

E. Implementing the Right to an ''Appropriate'' Education 733

''The Allure of Legalization Reconsidered: The Case of Special Education'' 733

 Ⅳ. Poverty and Homelessness 739

A. The Concept of Poverty 739

''The Limited Visions of Race Relations and the War on Poverty'' 739

B. Title I: Equity and the ''Educationally Disadvantaged'' 743

''Improving America's Schools for Children in Greatest Need'' 743

C. Homeless Children and Educational Access 751

''Concealment'' 752

''Statement of Policy'' 753

Lampkin v. District of Columbia 754

D. Full-Service Schools: Reconsidering the Role of Educational Institutions in a Stratified Society 758

''Health and Social Services in Public Schools: Histo rica I Perspectives'' 758

''A Look at Current School-linked Service Efforts'' 762

 Ⅴ. Conclusion 766

CHAPTER SEVEN: Equal Educational Opportunity and School Finance 767

 Ⅰ. Introduction 767

Concepts of School Finance Equity: 1970 to the Present 767

 Ⅱ. Interdistrict Inequalities 775

A. Introduction 775

B. Fiscal Neutrality in the Courts 777

Serrano v. Priest 777

San Antonio Independent School District v. Rodriguez 781

Brigham v. State 804

C. From Equity to Adequacy 813

Judicial Analysis During the Third Wave of

School Finance Litigation: The Massachusetts Decision as a Model 813

Robinson v. Cahill 815

Rose v. Council for Better Education, Inc. 819

''Leaving Equality Behind: New Directions in School Finance Reform'' 824

D. The Special Problems of Large Urban Districts 827

Abbott v. Burke 828

 Ⅲ. Intradistrict Inequalities 837

A. Introduction 837

B. Inequality in Washington, D.C. 838

 Hobson v. Hansen 838

C. Other Intradistrict Disparity Litigation 842

 Ⅳ. The Right to a ''Free'' Public Education 845

A. Introduction 845

B. School Fees 846

Kadrmas v. Dickinson Public Schools 847

 Ⅴ. Race and School Finance 850

A. Introduction 850

B. Title VI Disparate Impact and Resource Equity 851

Powell v. Ridge 851

CHAPTER EIGHT:

Educational Governance and the Law 855

 Ⅰ. Introduction 855

 Ⅱ. Federal, State, and Local Authority over Educational Decision Making 857

A. The Changing Federal Role 857

''ESEA: The Office of Education Administers a Law'' 858

''Goals 2000: Educate America Act: The Federalization and Legalization of Educational Policy'' 864

B. State Authority and Local Control 869

''The Legal Foundation of Public Education'' 869

''Achieving Equity and Excellence in Kentucky Education'' 871

''The Gold Star State'' 875

''Is Local Control of the Schools Still a Viable Option?'' 882

''The Politics of School Restructuring'' 887

''Charting Chicago School Reform: Democratic Localism as a Lever for Change'' 891

''Transforming Urban School Systems: Integrated Governance in Chicago and Birmingham (UK)'' 895

 Ⅲ. The Balance of Power: Elected Officials, Career Professionals, and Courts 900

A. Ballots and Board Elections 900

''Schools in Conflict'' 900

''Parental Involvement and the Political Principle'' 903

''Only for My Kid: How Privileged Parents Undermine School Reform'' 906

B. Teachers and Administrators: An Ethic of Professionalism 910

''Schools in Conflict'' 911

''Politics, Markets, and America's Schools'' 912

''Reform Bargaining and Its Promise for School Improvement'' 914

''Forging New Partnerships: Teacher Unions

and Educational Reform in the 90s'' 919

C. The Courts, Institutional Reform, and Student Rights 925

''The Role of the Judge in Public Law Litigation'' 925

''The Forms of Justice'' 926

''The Hollow Hope: Can Courts Bring About Social Change?'' 929

Peter W v. San Francisco Unified School District 932

 Ⅳ. Schools and Markets 938

A. Consumer-Voters in the Public Sector: Selecting a School District 939

B. Voucher Plans, Accountability, and Educational Quality 943

''Politics, Markets, and the Organization of Schools'' 944

''From Vouchers to Charters: The Shifting Politics of School Choice'' 947

''Class Warfare: Dueling Professors Have Milwaukee Dazed Over School Vouchers'' 951

''The Milwaukee Voucher Experiment'' 953

''School Choice in Milwaukee'' 961

C. Charter Schools: A Hybrid Model 968

''From Vouchers to Charters: The Shifting Politics of School Choice'' 968

''The Promise of Charter Schools'' 974

''Charter Schools: The Smiling Face of Disinvestment'' 976

D. Other Privatization Initiatives 978

''Privatization in Baltimore, 1992-95'' 978

Dawson v. East Side Union High School District 987

''Sponsored Schools and Commercialized Classrooms: Schoolhouse Commercializing Trends in the 1990s'' 995

Appendix: United States Constitution 1001

Index of Authors 1013

Subiect Index 1017