Despite existing research that demonstrates the benefits of racial diversity in education, the Court has become increasingly disinclined to allow the use of race or ethnicity in education policy targeted to increase race/ethnic diversity, absent a compelling state interest. The debate over the merits of educational diversity has almost exclusively…

In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation…

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…

Discrimination is a structured way of abusing people based on racial differences, hence barring them from accessing wealth, political participation and engagement in many spheres of human life. Racism and discrimination are inherently rooted in institutions in the society, the problem has spread across many social segments of the society including…

The coronavirus pandemic has inflicted enormous financial damage on colleges and universities and the cost is still growing. American higher education will undergo an unprecedented financial crisis in the coming months. "Critical Care" is a plan to guide the federal response to these unprecedented disruptions facing higher education in…

Religion in public schools has long been a controversial issue. The U.S. Supreme Court ruled in 1962 that teachers and administrators cannot lead prayers in public schools, and a decision in 2000 barred school districts from sponsoring student-led prayers at football games. At the same time, the court has held that students retain a First…

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…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

Civic knowledge and participation are low among all students, but this pattern is even more pronounced for those who are poor, belong to a racial or ethnic minority group, or reside in a disadvantaged community. One remedy for this resulting "civic empowerment gap" is a call for teaching more effective civics classes in urban public…

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…

The purpose of this qualitative multi-case study is to explore the ways in which preservice teachers seeking either early-childhood or elementary licensure understand their roles and responsibilities in regards to the teaching of religion. Seven participants participated in the study and provided a range of data including -- though not limited to…