The article takes as its starting point the public debate about the newly proposed Family Code in Slovenia in 2009. Inter alia, the Code introduced a new, inclusive definition of the family in accordance with the contemporary pluralisation of family life. This raised a number of questions about how--if at all--various families are addressed in the…

Academic freedom, a deep-rooted right in the Swiss Constitution, is endangered. Private sponsorship agreements, secretly negotiated between university leaders and big companies, become increasingly vital for universities in Switzerland. Swiss authorities are pushing this development: not only are they taking austerity measures, but also rewarding…

In New York State, private and religious schools are required to offer a curriculum "substantially equivalent" to what is available in local public schools. Substantial equivalency--which has been law for nearly 130 years--allows parents to direct the education of their children by enrolling them in the school of their choice, while also…

This well-researched volume explores how the Black freedom struggle and the anti-Vietnam War movement dovetailed with faculty and student activism in the South to undermine the traditional role of higher education and bring about social change. It uses the battles between students, faculty, presidents, trustees, elected officials, and funding…

In this critique, race is centralized to draw attention to the role it plays in the complex evolution of response to intervention, past and present. I use a critical race theory analytical lens to focus on how the dominant narrative serves as a framework within institutional and political structures in support of the approach. A brief overview of…

The 1960s in Australia was a politically turbulent time with assimilation policies being questioned by moves in various spheres, including education, to address inequality. The late 1960s also saw the emergence of activist responses to racism as well as the groundbreaking 1967 Referendum, which called for the alteration of two clauses within the…

For more than a century, public education in the U.S. has been defined as schools that are funded, regulated, and exclusively delivered by government. The past 25 years have brought some diversified forms of delivery through charter schools and various private-school scholarship mechanisms. Nevertheless, most discussions and debates over school…

Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…

American high school graduates' readiness for higher education or employment in the global economy may depend on the state where they live. Since the 10th Amendment to the United States Constitution makes education a state function, the 50 states and the District of Columbia vary significantly in their policies and practices for (a) preschool…

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…

In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

Since 1980, Michigan retirees have been afforded health care benefits for which they were required to pay 10 percent of the premium upon retirement--the remainder was paid for by the state. Recently, the Michigan Legislature reduced the financial obligation of the State for retiree health care benefits, placing it on the individual member. In…

Teacher use of social networking sites such as Facebook has presented some ethical dilemmas for policy makers. In this article, we argue that schools are justified in taking action against teachers when evidence emerges from social networking sites that teachers are (a) doing something that is illegal, (b) doing something that reflects badly on…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…