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American Public Education Law Primer

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David C. Bloomfield

This clear, readable introductory text for undergraduate and graduate Education Law courses or modules offers a practical guide to everyday problems such as student expression, discipline, religion, curriculum, social media, privacy, charter schools, discrimination, special education, and more. Features include distinctions among school, district, state, and federal law; the Facts and Find research method; the Cascade approach to the American legal system; lobbying advice; and the new federal Every Student Succeeds Act (ESSA), the replacement to No Child Left Behind. Written by the ex-Counsel to the New York City Board of Education and a graduate of Columbia University Law School, American Public Education Law Primer is more than an academic text, presenting the real world of Education Law to benefit professionals, parents, and the general public.
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Chapter 1: The Cascade of American Public Education Law

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CHAPTER ONE

The Cascade of American Public Education Law



FACTS & FIND

Law

any properly adopted, written, enforceable statement

This primer provides a brief introduction to American public education law for students, educators, and current or potential activists (meaning everyone). The first chapter, especially, is directed at the non-lawyer. No previous experience with the subject is necessary. The reader will be provided with a complete, if terse, foundation for understanding the American legal system as it relates to public schools. Each subsequent chapter will build methodically upon this understanding, topic by topic, so that in the end the scaffold will prepare all readers for entry into active legal engagement as serious, sophisticated, even dangerous analysts and advocates who can hold their own in the field through sound subject knowledge and agility.

Traditional education law books conform to the case-law approach, long a staple of law schools. This has some advantages but rarely will educators and activists—or most education lawyers, for that matter—need to engage in the discipline of appellate argument taught through the case-law method.

Court

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