The Oxford Handbook of U.S. Education Law

Editor in Chief: Kristine L. Bowman

Oxford Handbooks

Brings together the foremost scholars of US education law to present a comprehensive overview of law regulating elementary and secondary schools, including analysis and debate of issues of concern to researchers and policymakers today
Contains foundational chapters that synthesize the past and present state of the law in a given area as well as focus chapters that dive deep into a particular legal or policy issue
Includes forward-looking final section where scholars speculate about the future of the legal and social issues that manifest through schools
Serves multiple audiences and various purposes: students, scholars, practitioners, and policy makers who need a primer on an area of law, and those who need expert in-depth analysis of a particular issue

The Oxford Handbook of U.S. Education Law

Editor in Chief: Kristine L. Bowman

Description

During the mid-to-late 20th Century, education law emerged as a distinct area of practice and scholarship in the United States. Attorneys began to develop specialties representing school districts, students, parents, and teachers, while law schools and colleges of education started to offer courses about the legal regulation of K-12 public schools. The statutory and common law governing schools grew rapidly, and developed in a manner that often treated public schools differently from other governmental entities.

Now, law schools and colleges of education regularly offer an education law course. Many states' school administrator certificates require some familiarity with education law. The scholarly field of education law is rich and deep. Attorneys play a key role in education policy, as do state and federal legislatures and regulatory agencies. The issues range from school funding to supporting English learners; from racial equality to teachers' labor laws; from student privacy to school choice.

Addressing those issues and more, The Oxford Handbook of U.S. Education Law provides a comprehensive overview of the current state of K-12 education law in the United States. A number of foundational chapters present a synthesis of general areas of law for those who seek an introduction. Dozens of other chapters build on those foundations, diving into various topics in a nuanced, yet accessible, way, creating value for those who seek to deepen or reframe their knowledge about a specific issue. Throughout the volume and especially in the last section, the authors also look to the future and thus help shape the direction of the field.

The Oxford Handbook of U.S. Education Law

Editor in Chief: Kristine L. Bowman

Oxford Handbooks

Part I: Foundational Ideas and Fundamental Debates
1. The Role of Lawyers in Education Reform
Chiara Parisi and Christopher Edley, Jr.
2. Education in Context: Schools and Their Connections to Societal Inequalities
Kevin Welner and Sarah LaCour
3. Schooling for Democracy: Past, Present, and Future
Michael A. Rebell
4. The Constitutionally Anomalous Right to Education
Joshua E. Weishart
5. Developing the Free Mind
Emily Buss

Part II: Educational Governance, Regulation, and Finance
6. The Shifting Landscape of Education Governance
Jeffrey W. Snyder and Sarah Reckhow
7. Education Federalism: Why It Matters and How the United States Should Restructure It
Kimberly Jenkins Robinson
8. Fiscal Compliance Rules for Federal Funding of Elementary and Secondary Education: Transparency, Reason-Giving, and Agency Accountability
Nora Gordon and Eloise Pasachoff
9. How States Fund Education
Ajay Srikanth, Michael Atzbi, Bruce D. Baker, and Mark Weber
10. State Constitutional Analysis in School Finance Litigation
William E. Thro
11. Standards-Based Reform and Accountability Law and Policy: History, Implementation, and Outcomes
Benjamin Michael Superfine, Craig De Voto, and Andria Shyjka

Part III: Students and Anti-Discrimination in Education
12. Contested Meanings of Equality: The Unrealized Promise of the Anti-discrimination Principle and the Uncertain Future of a Right to Education
Rachel F. Moran
13. The Past, Present, and Future of Race-Conscious Policies for Addressing Racial Segregation in K-12 Schools
Chloe Latham Sikes and Liliana M. Garces
14. The Muddled Distinction Between De Jure and De Facto Segregation
Elise C. Boddie
15. School District Boundaries: Consequences and Challenges
Erica Frankenberg, Genevieve Siegel-Hawley, and Sarah Diem
16. The School-to-Prison Pipeline: How Federal Anti-Discrimination Law Fails to Protect Equal Educational Opportunity
Erik J. Girvan
17. Closing Achievement Gaps Through Socioeconomic Integration
Derek W. Black
18. Educating English Learners
Madeline Mavrogordato and Rachel S. White
19. Challenges Facing Immigrant Students
Matthew Patrick Shaw
20. Sex Discrimination and the Transformation of U.S. Education
Erin E. Buzuvis
21. Transgender Students
Suzanne Eckes and Maria M. Lewis
22. Students with Disabilities: A Half-Century of Progress
Laura Rothstein
23. Students with Disabilities and School Choice
Robert Garda, Jr., Wendy Hensel, and Paul O'Neill
24. Least Restrictive Environment and the Education of Children with Disabilities
Mark C. Weber

Part IV: Students' Individual Rights
25. Students' Individual Rights: Safety and Privacy
Martin Gardner
26. Surveillance and Security Practices in Schools
Jason P. Nance
27. Student Privacy and the Law in the Internet Age
Leah Plunkett, Urs Gasser, and Sandra Cortesi
28. Eighty Years of Students' Free Speech in Public Schools
Kristine L. Bowman
29. School Jurisdiction Over Online Speech
Emily Gold Waldman
30. Religion in the Schools
John E. Taylor
31. School Vouchers and Student Rights: Trading Constitutional Protections for Contractual Obligations
Julie F. Mead

Part V: Education Law in 2030
32. Education in Virtual Environments
Aaron Saiger
33. Universal Pre-Kindergarten: Supporting High Quality and Broad Access at a Time of Federal Disengagement and "School Choice"
Natalie Gomez-Velez
34. Parental Choice and the Future of Faith-Based Schools
Nicole Stelle Garnett
35. Teacher Labor Market Reforms: A Look Ahead to the Next Decade
Joshua M. Cowen and Katharine O. Strunk
36. Racial and Ethnic Equity in American Public Schools: Looking Ahead
Kristine L. Bowman, Preston Green III, Shajuti Hossain, Michael A. Olivas, and Siri Warkentien
37. Equality, Liberty, and Education
Daniel Kiel

The Oxford Handbook of U.S. Education Law

Editor in Chief: Kristine L. Bowman

Oxford Handbooks

Author Information

Kristine L. Bowman, a leading scholar of education law, is jointly appointed as a Professor of Law and Professor of Education Policy at Michigan State University, where she also serves as Associate Dean for Academic and Student Affairs in the top-ranked College of Education.

Bowman is a prolific scholar with expertise in free speech, racial/ethnic equity, and governance in in the K-12 context. She has published widely in prominent law reviews, journals for multi-disciplinary audiences, and edited volumes. In addition to presenting regularly throughout the country, Bowman has taught or lectured in nine countries.

Prior to teaching, Bowman practiced at Franczek Sullivan, P.C. (now Franczek), in Chicago, where she represented school districts, and clerked on the United States Court of Appeals for the Eighth Circuit. During law school she worked at the United States Department of Education, Office for Civil Rights.

In 2001, Bowman graduated magna cum laude from the Duke University Law School, having served as both the Articles Editor of the Duke Law Journal and the Associate Executive Editor of the Duke Journal of Gender Law and Policy. She simultaneously received her M.A. in Humanities and Graduate Certificate in Women's Studies from Duke University. Bowman earned her B.A. summa cum laude, Phi Beta Kappa, from Drake University.

Contributors:

Michael Atzbi
Bruce D. Baker
Derek W. Black
Elise C. Boddie
Kristine L. Bowman
Emily Buss
Erin E. Buzuvis
Sandra Cortesi
Joshua M. Cowen
Craig De Voto
Sarah Diem
Suzanne Eckes
Christopher Edley, Jr.
Erica Frankenberg
Liliana M. Garces
Robert Garda
Martin Gardner
Nicole Stelle Garnett
Urs Gasser
Erik J. Girvan
Natalie Gomez-Velez
Nora Gordon
Preston Green III
Wendy Hensel
Shajuti Hossain
Daniel Kiel
Sarah LaCour
Maria M. Lewis
Madeline Mavrogordato
Julie F. Mead
Rachel F. Moran
Jason P. Nance
Paul O'Neill
Michael A. Olivas
Chiara Parisi
Eloise Pasachoff
Leah Plunkett
Michael A. Rebell
Sarah Reckhow
Kimberly Jenkins Robinson
Laura Rothstein
Aaron Saiger
Matthew Patrick Shaw
Andria Shyjka
Genevieve Siegel-Hawley
Chloe Latham Sikes
Jeffrey W. Snyder
Ajay Srikanth
Katharine O. Strunk
Benjamin Michael Superfine
John E. Taylor
William E. Thro
Emily Gold Waldman
Siri Warkentien
Mark C. Weber
Mark Weber
Joshua E. Weishart
Kevin Welner
Rachel S. White