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Education

2008

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University of Tennessee College of Law

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Legal Advocacy And Education Reform: Litigating School Exclusion, Dean Rivkin Jan 2008

Legal Advocacy And Education Reform: Litigating School Exclusion, Dean Rivkin

Scholarly Works

School exclusion has existed as a dark side of public education since the creation of America's public schools. Several cases in the United States Supreme Court memorably invalidated State and school system efforts to deny equal educational opportunities to marginalized school children and youth. In these cases, the over-riding multiple values of education were poignantly articulated in the majority decisions.

School exclusion has stubbornly persisted. It takes many forms. This article surveys the most prominent pathways to school exclusion, highlighting what has been called the "School-To-Prison-Pipeline." Various legal challenges are also evaluated. The pros and cons of litigating school exclusion …