Since the Supreme Court decided Brown v. Board of Education in 1954, the courts have become an increasingly important force in education policy. This book examines the recent convergence of the courts' growing role in education and the standards-based reform movement, which is one of the most important forces in education policy today. This book argues that the courts have thus far addressed standards-based reform and related accountability policies in an ineffective and sometimes problematic fashion, but that there may be a more effective role for the courts to assume. The courts have examine ... More

Since the Supreme Court decided Brown v. Board of Education in 1954, the courts have become an increasingly important force in education policy. This book examines the recent convergence of the courts' growing role in education and the standards-based reform movement, which is one of the most important forces in education policy today. This book argues that the courts have thus far addressed standards-based reform and related accountability policies in an ineffective and sometimes problematic fashion, but that there may be a more effective role for the courts to assume. The courts have examined standards-based reform through a variety of legal frameworks, including those traditionally used in the context of high-stakes testing cases and school finance reform litigation, and in cases directly addressing the legality of No Child Left Behind. Relaying on insights from educational and legal research, this book examines and critiques the major areas in which courts have addressed standards-based reform and the ways in which the courts have employed these frameworks. This book specifically highlights how well the courts are positioned — given the law, their institutional characteristics, and standards-based reform policies themselves — to craft effective rulings in cases involving standards-based reforms. Building on this analysis, this book outlines a broad approach that the courts could take to address standard-based reform policies more effectively in the future.