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The Courts and Educational Policy


by Louis Fischer - 1982

This chapter examines the expanding role of the courts in the shaping of educational policy and considers the most important reasons for such expansion. It challenges those critics who have accused the courts of wholesale usurpation of policy-making functions. Instead, it proposes that in our form of constitutional democracy, with the power of judicial review well established, the courts always have interpreted and of necessity will continue to interpret constitutional principles as well as legislative enactments as they apply to schools, and thus will inevitably impact educational policy. The reasons for court involvement in educational policy will be considered first, after which a variety of examples of recent court influence on such policy will be given.


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This article originally appeared in NSSE Yearbook Vol. 81, No. 1.


Cite This Article as: Teachers College Record Volume 83 Number 5, 1982, p. 56-79
https://www.tcrecord.org ID Number: 19072, Date Accessed: 1/26/2020 3:52:07 PM

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About the Author
  • Louis Fischer
    University of Massachusetts, Amherst
    E-mail Author
    LOUIS FISCHER is a professor in education policy, research and administration at the University of Massachusetts, Amherst.
 
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