The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

As society's views of sexual orientation and gender identity have significantly evolved in recent years, school districts across the country are addressing how to create policies that align with the law in this area. One recent issue involves laws and policies focused on transgender students and their right to access restrooms that align with…

This report, for the first time ever, provides a state-by-state breakdown of the key elements a policymaker needs in order to understand the legal environment for school choice in any given state--and to craft appropriate legislation to expand educational opportunity. This guide is intended to arm policymakers and advocates with the essential…

Canadian public education has become secularized. Although the Charter's language on freedom of conscience and religion prohibits religious indoctrination in schools, it does not proscribe education about religion. Generally, Canadian courts have followed and accepted American developments in this regard but have avoided byzantine judgments on…

A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

This paper examines the relationship between constitutional courts and educational policy in Australia, the United States, and West Germany in an attempt to formulate a statement describing the relative impact of state and federal governments on educational policy in countries with a federal system of government. Much of the paper discusses the…

The No Child Left Behind (NCLB) Act, the 2001 reauthorization of the Elementary and Secondary Education Act, has become a symbol of all things good and bad in education. While the basic concepts of the legislation--accountability for results, research-based education programs, increased parental options, and expanded local control and…

Law has been neglected as an area of inquiry in citizenship education. Fundamental to citizenship education is the teaching of the Constitution of the United States and the Bill of Rights in elementary and secondary schools. The bicentennials of these documents will be celebrated within the next decade. Law-related inquiry could enrich the…

Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…