Containing over 25 percent new content and two completely revised chapters, this updated casebook addresses legal and public policy issues affecting K-12 as well as higher education. The book includes 57 original hypotheticals, extensive material on technology-related issues, and a strong focus on equal access to quality education. Topical coverage includes campus safety and the criminal justice system, sexual harassment and assault, the rights of educators, bilingual education, disability rights law, race-conscious remedies, religion in the schools, LGBT-related controversies, gender equity, free speech and expression, and expanded coverage of privacy law issues, the school-to-prison pipeline, cyber-bullying, the Every Student Succeeds Act, the ongoing battle over K-12 teacher tenure rights, charter school legal issues, and the embattled rights of undocumented students.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 03/27/2019

Stuart Biegel, University of California-L.A. School of Law

Robert Kim

Kevin Welner

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SUMMARY OF CONTENTS CONTAINING INDICATIONS OF SUBSTANTIAL CHANGES

Chapter I. Introduction: Context for Examining Education-Related Disputes (UPDATED)
A. Sources, Interdisciplinary Features, and Unique Characteristics of Education Law in the United States
B. The Challenge of Effecting Change in an Education Setting
C. The Right to an Education

Chapter II. Campus Safety and the Criminal Justice System
A. Liability for Injuries at the K-12 Level (UPDATED)
B. K-12 Due Process Considerations Related to Campus Safety and Discipline (NEW)
C. Liability for Injuries at the College and University Level (UPDATED)
D. The Criminal Justice System and Public Education Generally
E. Conceptualizing the Parameters of the “School-to-Prison Pipeline” (UPDATED)

Chapter III. Student Freedom of Expression
A. Basic First Amendment Principles Applicable in All Settings
B. “Freedom of Expression” at the K-12 Level: The Tinker Rule and Campus Safety
C. The Evolution and Refinement of K-12 “Freedom of Expression” Rules
D. Conceptualizing the Parameters of the Right to Be “Out”
E. Higher Education “Freedom of Expression” Controversies Generally
F. Hate-Related Speech Controversies at the Higher Education Level

Chapter IV. Combating Threatening Behavior, Peer Harassment, and Peer Mistreatment
A. Threatening Activity Generally
B. Liability for Peer Harassment and Mistreatment
C. Confronting the Complexities of the K-12 “Bullying” Problem, Online and Offline
D. Student Accountability for Expression Outside the School Setting (EXPANDED)

Chapter V. Privacy Law in Education
A. Search and Seizure, Drug Testing, and Related Fourth Amendment Concerns
B. Student Records and Surveys
C. The Prospective Applicability of the Right to Anonymity (NEW)

Chapter VI. The Right to Equal Educational Opportunity
A. Introduction
B. The Possibilities and Limits of Achieving Equity in Education
C. Racial Equity in Education
D. The Rights of Undocumented Students (EXPANDED AND UPDATED)
E. Equitable Access & Barriers to Courses, Teachers, & Opportunities
F. Gender Equity in Education (EXPANDED AND UPDATED)

Chapter VII. Educational Quality and the Law (UPDATED)
A. Introduction
B. Defining and Identifying Quality Education at the K-12 Level
C. Increasing Educational Quality in Postsecondary Education

Chapter VIII. K-12 School Accountability: The Every Student Succeeds Act (COMPLETELY REVISED)
A. Introduction: NCLB and Its Aftermath
B. The New School Accountability Framework under ESSA
C. The Continued Prominence of Standardized Testing under ESSA

Chapter IX. The Burgeoning Charter School Movement & Its Implications (COMPLETELY REVISED)
A. The Birth & Growth of Charter Schools
B. Public, Private or Both?
C. For-Profit, Non-Profit, or Both?
D. Constitutional Challenges to the Creation of Charter Systems
E. Non-Renewal and Revocation of Charters
F. Student Access and Enrollment in Charter Schools
G. Other Litigation Trends

Chapter X. The Rights of K-12 Students With Particular Needs: English Learners & Students With Disabilities (UPDATED)
A. Bilingual Education and Other Programs for English Learners
B. Special Education and Other Programs for K-12 Students with Disabilities

Chapter XI. Disability Rights in Postsecondary Education Settings
A. Introduction
B. Disability Rights at Colleges and Universities Generally
C. Access to Postsecondary Sports Programs
D. Timed Testing and Access to Professions (EXPANDED AND UPDATED)

Chapter XII. Religion and Public Education: Determining the Shifting Contours of Establishment Clause Jurisprudence
A. Introduction
B. The Evolving Inquiry into Purpose & Effects
C. The Endorsement Inquiry
D. The Coercion Inquiry
E. Applying the Neutrality Principle: Public Funding for Private Religious Education

Chapter XIII. Morality, Values, and Educational Policy
A. The Right to Alternative Models of Education
B. Patriotism, Religion, and Freedom of Expression: The Flag Salute Controversies
C. Disputed Access to Campus Forums and Facilities
D. The Parameters of the Right to Receive Information and Ideas
E. Sex Education (UPDATED)

Chapter XIV. The Rights of Educators
A. Perspectives on Labor Relations in Public Education (EXPANDED AND UPDATED)
B. The Right to Acquire and Retain Tenure
C. Disputes Regarding the Dismissal Process Generally
D. First Amendment Rights of Educators
E. Employment Discrimination

Learn more about this series.