In recent years, arguments have been advanced from a number of theoretical perspectives in social science that the modern state faces a crisis of legitimacy in its relationship to its society and its citizens. Much governmental behavior in the area of educational policy can be interpreted as a strategy of "compensatory legitimation"--that is, as an attempt by the state to retrieve some of its legitimacy. A comparison of educational policy in West Germany and the United States shows how three major policy modes can be understood as strategies of compensatory legitimation. The three modes include the increased involvement of the courts in educational policy ("legitimation by legalization"); government utilization of experts in educational experimentation and planning in the policy-making process ("legitimation by expertise"); and the development and introduction of participatory forms of educational decision-making ("legitimation by participation"), as in the case of curriculum reform. Further research should investigate whether these strategies are successful and whether they override other policy goals, such as educational reform. (Author/RW)