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, Colorado


This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they've purchased a used book or are renting their text by purchasing the Learning Library at

With CasebookPlus, you can customize your students' learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students' understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards. Learn more about the reporting available to you from your Account Manager or view the course set-up instructions to get started.


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.