The Courts and Standards Based Reform

The Courts and Standards Based Reform

by Benjamin Michael Superfine
     
 

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ISBN-10: 0195337484

ISBN-13: 9780195337488

Pub. Date: 07/29/2008

Publisher: Oxford University Press, USA

Since the desegregation of public schools in the 1950s, the concept of standards-based reform has become a central topic within educational policy. Every American state is now required to enact standards-based reform policies while shifting responsibility away from the government and holding schools more accountable for their students performance. The Courts and

Overview

Since the desegregation of public schools in the 1950s, the concept of standards-based reform has become a central topic within educational policy. Every American state is now required to enact standards-based reform policies while shifting responsibility away from the government and holding schools more accountable for their students performance. The Courts and Standards-Based Education Reform positions itself at the center of the long standing dispute between law, education, and public policy and analyzes the court's growing role in educational policy.

Benjamin Superfine contends that the courts are a strong force in determining education policy, and have been placed in the position to decide some of the most contentious and important issues facing education law as the standards-based reform movement has grown. Such major cases addressed by the courts, in light of standards-based reforms, include the No Child Left Behind Act of 2001, and school finance reform litigation. As the courts continue to rule in cases that challenge fundamental aspects of U.S. educational policy, Superfine provides a new approach that can be used in the application and rulings of standards-based reforms.

Product Details

ISBN-13:
9780195337488
Publisher:
Oxford University Press, USA
Publication date:
07/29/2008
Edition description:
New Edition
Pages:
280
Product dimensions:
6.10(w) x 9.30(h) x 1.00(d)

Table of Contents


Acknowledgments     ix
Introduction     1
The Courts' Involvement with Education     7
Overview of the Book     15
The Intended Audience     19
Standards-Based Reform and Accountability Policies     21
A Brief History of Standards-Based Reform and Accountability Policies     22
Theories of Standards-Based Reform     27
The Growth of Standards-Based Reform and Accountability Policies     31
No Child Left Behind     47
High School Exit Exams     55
Discussion and Conclusion     56
High-Stakes Testing Litigation     61
Intentional Discrimination     63
Preserving or Furthering the Effects of Prior Segregation     64
Disparate Impact     65
Due Process     69
Case Studies in High-Stakes Testing     71
Discussion and Conclusion     82
No Child Left Behind Litigation     87
The Implementation of Accountability Sanctions     89
The Justifiability of Student and School Performance Determinations     94
Capacities to Respond to Federal Requirements     108
Other Litigation Involving No Child Left Behind     116
Discussion andConclusion     117
School Finance Reform Litigation     123
A Brief Overview of School Finance Reform Litigation     125
The Emergence of Standards-Based Reforms in School Finance Reform Litigation     131
Discussion and Conclusion     162
Conclusion     173
Overview and Analytical Summary     174
Public Law Litigation Outside of Education     181
Recommendations for Court-Based Approaches to Standards-Based Reform     188
A Final Word     200
Frequently Used Abbreviations     203
Notes     205
Index     249

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