The Role of Law in Educational Policy Formation, Implementation, and Research

Abstract

What is the relationship between educational law and educational policy? What role do courts play in relation to school policy? How has that role changed over time? What is legal research and how does it relate to school policy? Addressing these questions forms the focus of this chapter. The fi rst section provides an overview of the link between law and policy and the infl uence of legal research on that role. Then the chapter briefl y examines the infl uence of litigation and legislation on school policy and how it has evolved over time. Next, four illustrative examples of judicial and legislative intervention, at both the federal and state levels, are presented. The chapter concludes with a brief discussion of legal issues that appear to loom largest on the educational policy horizon.

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