Main Image

About the Book

Education Law: Equality, Fairness, and Reform

Front Cover - Education Law: Equality, Fairness, and Reform

Second Edition

Derek Black, University of South Carolina

Contributing Authors:  Robert A. Garda, Jr., John E. Taylor, Emily Gold Waldman



2016.  1176 pages.  ISBN: 978-1-4548-7646-5

With Teacher's Manual.

About the Book

Written by Derek Black, Education Law Associationís 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this second edition casebook develops Education Law through the themes of equality, fairness, and reform. Specifically, Education Law: Equality, Fairness, and Reform, 2E focuses on the laws of equal educational opportunity for various different disadvantaged student populations, the recent reform movements designed to improve education, and the general constitutional rights that extend to all students. Updates included in the second edition include a new chapter devoted to teachersí rights and reforms, including terminations, tenure, unions, and teacher evaluation, an entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act and expansion of sections dealing with sexual orientation and gender identity. Chapters relating to current educational reform and problems are also included.  Narrative introductions to every chapter, major section, and case synthesize and foreshadow the material to improve student comprehension and retention. Student-friendly questions and notes follow each case. Hypothetical are based problems that require synthesis of law, factual application, fact gathering, professional judgment, and practical problem-solving skills. These problems can be modified for group exercises, class discussion, or writing assignments. Education Law: Equality, Fairness, and Reform 2E situates case law in the broader education world by including edited versions of federal policy guidance, seminal law review articles, social science studies, and organization reports.


Key Features of Education Law:

  • focus on equality and civil rights rather than first amendment or bureaucratic aspects of education law
  • individual chapters on each area of inequality
  • race
  • poverty
  • gender
  • disability
  • homelessness
  • language status
  • three-chapter approach to the complex first amendment issues
  • freedom of expression and thought
  • religion in schools
  • intersection of religion and freedom of expression with school curriculum
  • current educational reform and problems included
  • introductions to every chapter, section, and case improve comprehension and retention
  • efficient presentation of cases to permit inclusion of case law and issues
  • hypotheticals
  • require synthesis of law, fact gathering and application, professional judgment, and problem-solving skills
  • can be modified for group exercises, class discussion, or writing assignments
  • situates case law in the broader education world
  • edited versions of federal policy guidance
  • seminal law review articles
  • social science studies
  • organization reports and studies
  • student-friendly questions and notes following cases
  • careful editing of cases and secondary sources for ease of reading and understanding

Thoroughly updated, the Second Edition presents:

  • New chapter devoted to teachersí rights and reforms, including terminations, tenure, unions, and teacher evaluation.
  • Entirely rewritten chapter on federal policy to incorporate the Every Student Succeeds Act.
  • Expansion of sections dealing with sexual orientation and gender identity, including the recent Fourth Circuit decision in Grimm v. Gloucester County.
  • Additional focus on administrative remedies where court decisions have constrained private causes of action.

Preface / Sample Chapters