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Selected Provisions--Constitution of the United States | |
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Education Under the American Legal System: an Overview | |
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The Relation of Law, Politics, and Education | |
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The Legal Interests of Participant Parties | |
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Law Sources in the American Legal System | |
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Constitutions | |
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Statutes--The Role of Legislatures | |
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Administrative Law--The Role of Administrators | |
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Judicial Decisions--The Role of Courts | |
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Cases | |
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Mullen v. Board of School Directors of DuBois Area School District, 259 A.2d 877 (Pa. 1969) | |
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Conover v. Board of Education of Nebo School District, 267 P.2d 768 (Utah 1954) | |
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Endnotes | |
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The Law Governing Public Education | |
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Traditional and Emerging Forms of Public Education | |
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Attendance and Admission | |
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Attendance under Compulsory Education Laws | |
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Admission Standards | |
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School Assignments | |
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Studies Program | |
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Curriculum | |
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Extracurricular Activities | |
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Placement, Grading, Promotion, Graduation | |
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Special Education | |
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Student Transportation | |
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State and Local Regulations | |
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Cases | |
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Board of Education v. Pico, 457 U.S. 853 (1982) | |
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Endnotes | |
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Religion and Public Education | |
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Constitutional Constraints | |
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The First and Fourteenth Amendments | |
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State Constitutional Constraints | |
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Religion-Related Controversies | |
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School Prayer | |
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Religion-Related Excusals | |
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Religion-Related Displays and Commemorations | |
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Religion-Related Studies and Activities | |
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School Conduct Requirements | |
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Services to Church-School Students | |
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School-Church Dealings | |
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Cases | |
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Capitol Square Review and Advisory Board v. Pinette, 115 S.Ct. 2440 (1995) | |
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Rosenberger v. Rector and Visitors of the University of Virginia, 115 S.Ct. 2510 (1995) | |
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Lee v. Weisman, 505 U.S. 577 (1992) | |
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Endnotes | |
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Employment Rights and Obligations of Professional Employees | |
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Employment Prerequisites | |
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Certification | |
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Personal Requirements | |
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Employment Rights and Duties | |
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Legislative and Contract Status | |
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Probationary Teachers | |
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Tenured Teachers | |
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Suspension and Termination of Employment | |
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Resignation and Abandonment | |
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Nonrenewal of Probationer Contracts | |
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Reductions in Force (RIF) | |
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Discharge for Cause | |
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Remedies for Wrongful Discharge | |
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Collective Bargaining | |
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History and Forms of Collective Bargaining | |
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Union Representation | |
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Scope of Statutory Bargaining | |
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Dispute Resolution | |
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Collective Expression under the First Amendment | |
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Cases | |
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Poole v. Little Valley Central School District | |
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Perry Education Assn. v. Perry Local Educators Assn | |
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Endnotes | |
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Civil Rights of Teachers | |
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Procedural Rights | |
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Due Process under Federal Law | |
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Due Process under State Law | |
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Substantive Rights | |
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Federal Constitutional Rights | |
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Substantive Rights under State Law | |
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Cases | |
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O'Connor v. Ortega, 480 U.S. 709 (1987) | |
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Endnotes | |
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Student Rights and Discipline | |
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Procedural Rights | |
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Due Process under Federal Law | |
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Due Process under State Law | |
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Substantive Rights | |
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Federal Constitutional Rights | |
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Substantive Rights under State Law | |
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Rights of Separated Parents | |
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Cases | |
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Goss v. Lopez, 419 U.S. 565 (1975) | |
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Gonzales v. McEuen, 435 F.Supp. 460 (1977) | |
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Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986) | |
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Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988) | |
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New Jersey v. T.L.O., 469 U.S. 325 (1985) | |
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Vernonia School District v. Acton, 115 S.Ct. 2386 (1995) | |
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Endnotes | |
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Tort Liability Under State Law | |
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General Principles of State Tort Law | |
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Duty of Care Requirement | |
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The Causation Requirement | |
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General Defense | |
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Common Tort Situations | |
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Corporal Punishment | |
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Premises Liability | |
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Student Supervision Liability | |
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Defamation | |
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Educational Malpractice | |
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Limitations on Tort Recovery | |
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Governmental Immunity | |
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Individual Immunity | |
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Time and Dollar Limitations | |
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Cases | |
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Cirillo v. City of Milwaukee, 150 N.W.2d 460 (Wis. 1967) | |
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Grant v. Lake Oswego School District No. 7, 515 P.2d 947 (Or. 1973) | |
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Ayala v. Philadelphia Board of Public Education 305 A.2d 877 (Pa. 1973) | |
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Endnotes | |
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Equal Opportunity and Antidiscrimination Laws | |
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Overview of Antidiscrimination Laws | |
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Constitutional Prohibitions | |
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Statutory Prohibitions | |
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Affirmative Action Issues | |
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Racial and Ethnic Discrimination | |
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School Segregation | |
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Student Discrimination | |
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Teacher Discrimination | |
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Gender Discrimination | |
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Defining Gender-Based Discrimination | |
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Student Discrimination | |
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Teacher Discrimination | |
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Persons with Disabilities | |
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Overview of Pertinent Statutes | |
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Students with Disabilities | |
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Teachers with Disabilities | |
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Aliens | |
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Alien Children | |
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Alien Teachers and Employees | |
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Other Classified Groups | |
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Language-Deficient Minorities | |
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Age | |
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Religion | |
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Poverty | |
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General Remedial Statute for Deprivation of Federal Rights, 42 U.S.C. [section] 1983 | |
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Elements of [section] 1983 Liability | |
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Liable Parties | |
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Constitutional and Statutory Remedies for Discrimination | |
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Background Note--Overlapping Laws | |
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Availability of Alternative Remedies | |
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Remedies under State Civil Rights Statutes | |
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Cases | |
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Missouri v. Jenkins, 115 S.Ct. 2038 (1995) | |
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Debra P. by Irene P. v. Turlington, 730 F.2d 1405 (11th Cir. 1984) | |
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Hendrick Hudson Dist. Bd. of Education v. Rowley 458 U.S. 176 (1982) | |
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Principal Federal Laws on Equal Opportunity | |
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Endnotes | |
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Private Education | |
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Private Schools in American Education | |
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State Regulation of Private Education | |
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Teacher Status and Rights | |
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Contract Rights and Duties | |
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Student Status and Rights | |
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Contract Rights | |
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Student Discipline | |
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Student Records and Confidentiality | |
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Antidiscrimination Law in Private Schools | |
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Background Note | |
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Statutory Remedies for Private School Discrimination | |
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State Antidiscrimination Laws | |
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Tort Liability | |
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Introductory Note | |
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Immunity and Dollar Recovery Defenses | |
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Topical Tort Situations | |
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Private School Finance | |
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Background Note | |
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Forms of Aid to Nonpublic Schools | |
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Cases | |
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Geraci v. St. Xavier High School, 3 Ohio Op. 3d 146 (1978) | |
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Central Catholic Educ. Assn. v. Archdiocese of Portland (1995) | |
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Agostini v. Felton, 117 S.Ct. (1997) | |
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Endnotes | |
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Charter Schools | |
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Legal Status of Charter Schools | |
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Charter School Legislation | |
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Charter Grants | |
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Funding | |
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Special Issues Raised by Charter School Legislation | |
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Admissions Criteria | |
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Curriculum and Teacher Qualifications | |
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Transportation | |
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Charter School States | |
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Endnotes | |
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Glossary | |
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Table of Cases | |
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Index | |