LS9827+Education+Policy+Making+and+the+Courts

Next Offered
Spring 2013

Professor
Michael A. Rebell

Course description
This course examines the legal and political justifications for the courts' role in making educational policy and reforming public education institutions, as well as the courts' capacity to undertake these functions. The course will begin with a review of the literature on the "Judicial Activism Debate" and then briefly consider the role of the courts in effecting remedies in school desegregation, English language learner and special education litigations. Specific attention will be given to judicial capacity to analyze social science evidence and to theories of social reform.

Course topics:
 * Introduction: Defining the Problem
 * The Historical Judicial Activism Debate
 * School Desegregation, An Historical Overview
 * School Desegregation, Current Issues
 * Courts and Social Science Evidence
 * Special Education
 * Institutional Reform Litigation: Current U.S. Supreme Court Holdings
 * Theories of Social Reform
 * Education Finance and Sound Basic Education (SBE): An Overview
 * SBE in the State of New York: The CFE Decisions
 * The SBE Decisions: What Have They Accomplished?
 * Proposals for Improved Outcomes
 * Judicial Enforcement of the Right to a Sound Basic Education in Difficult Educational Times

Review
This course is taught by Michael Rebell, a passionate judicial activist who has a wealth of knowledge and experience in special education law and school finance reform. He tends to lecture quite a bit in his two-hour classes, but his firsthand accounts of being at the forefront of judicial activism are well worth your time.

Though he talks a lot in class, Rebell is very open to students' feedback and questions. To get the most out of this course, I would suggest preparing a couple specific questions related to the readings each week. You'll be sure to get a response from Rebell, and he will welcome your critical analysis and inquiries.

Student contact information
Niccolina Clements - nac2113@columbia.edu