The Courts as Educational Policymakers and Their Impact on Federal Programs

by B. Levin

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Examines recent legal developments in education and their impact on federal policy, as well as discussing ways in which the legislative and executive branches can facilitate rather than impede state compliance with court mandates. Topics covered: school finance reform, public aid to parochial schools, inclusion of the handicapped in public education, equal educational opportunity for pupils with varying needs, race and sex discrimination, protection of individual rights of students and teachers, procedural due process for students and teachers, liability of school officials under [Wood vs. Strickland], collective bargaining, and limitations of the judicial process. Courts must continue to redress specific inequities, but Congress and the executive branch can also enact programs to aid certain groups, or provide incentives to states to correct inequities. They can also encourage states to act before the courts have acted, or can assist states to achieve compliance with court orders.

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