Education law is a specialized legal practice area focusing on the laws and regulations surrounding schools, colleges, universities, and other educational institutions. Education lawyer represent students, teachers, administrators, and the educational institutions themselves on a wide range of legal issues.
Some of the key aspects of education law include:
School governance – Issues around school boards, funding, policies, procedures, and operations. Education lawyers may advise school districts on compliance, governance, and liability.
Student rights and discipline – Rules around search and seizure, due process, disability accommodations, discrimination, harassment, expulsions, and suspensions. Lawyers represent students and institutions during disciplinary disputes.
Special education law – Federal and state laws around special education services and individualized education programs (IEPs). Lawyers help ensure students receive appropriate services and accommodations.
Campus safety – Regulations around school security, violence prevention, emergency planning, and criminal issues. Lawyers assist with safety audits, policies, crisis management, and investigations.
Employment law – School district policies, teacher tenure, collective bargaining agreements, wrongful termination claims, and employment discrimination matters.
First Amendment issues – Cases involving student speech, dress codes, religion in schools, and academic freedom.
Title IX compliance – Issues around gender equity in academics, athletics, sexual harassment policies, and sexual violence investigations.
Education lawyers handle litigation, counsel clients on regulations, provide guidance on policies and procedures, represent clients in hearings and appeals, and aim to ensure educational institutions follow all applicable laws. Their specialized knowledge of education statutes, case law, and policies distinguishes them from general practice attorneys.
Role of an Education Lawyer
Education lawyers play a critical role in the education system by providing legal counsel and representation to various stakeholders. Their key responsibilities include:
Representing schools, school districts, boards of education – Education lawyers advocate for schools and districts on issues like compliance, policy, governance, litigation, and more. They review and draft policies, oversee compliance, negotiate contracts, and handle legal disputes. During litigation, they defend schools against lawsuits and claims.
Representing teachers and school administrators – Lawyers assist teachers and administrators on employment law issues, contract negotiations, certification matters, grievances, and proceedings against them. They protect their rights and interests in disputes with districts.
Representing students and parents – Lawyers help students and parents understand and exercise their legal rights under education laws related to bullying, discipline, special education, privacy, discrimination, and civil rights. They advocate for students in disciplinary hearings and disputes with districts.
Providing legal advice and counsel – Education lawyers offer guidance on navigating complex state and federal laws, minimizing legal risks, implementing policies, and handling investigations. They educate administrators and school boards on legal requirements to make informed decisions.
The role requires knowledge of education statutes, regulations, and policies. Lawyers must balance the interests of various stakeholders like students, teachers, administrators, and parents. Strong advocacy, negotiation, and litigation skills are critical.
Education Law Issues in K-12
Education law covers a wide range of issues that impact K-12 schools, teachers, administrators, and students. Some of the major areas of education law at the K-12 level include:
Special Education Law
The Individuals with Disabilities Education Act (IDEA) requires public schools to provide special education services for eligible students. This includes developing Individualized Education Programs (IEPs), providing accommodations, and ensuring students are educated in the least restrictive environment.
Special education disputes often arise over IEPs, discipline, placement decisions, and denial of services. Parents and schools may pursue mediation, due process hearings, or file complaints to resolve disputes.
Schools must follow procedures like child find, evaluation, and IEP implementation. Failure to comply with IDEA can result in lawsuits or loss of funding.
Student Discipline
Schools have authority to implement disciplinary policies to maintain order and safety. However, discipline policies must conform with students’ constitutional rights and civil rights laws.
Schools cannot discriminate in discipline based on race, sex, disability or other protected characteristics. Data shows minority students face higher discipline rates, resulting in lawsuits against districts.
Discipline procedures for students with disabilities must follow IDEA requirements, with protections like manifestation determinations. Suspensions over 10 days require continued services.
Student Privacy
FERPA protects the privacy of student education records. Schools must get parental consent to release records, with limited exceptions. Violations can lead to loss of federal funds.
Private schools have more flexibility with student records, but may be bound by state laws. Public schools must also follow state open records laws regarding access to records.
Schools gather increasing amounts of student data. Laws like COPPA and FERPA limit how schools can use student data, especially when partnering with third-party vendors.
Discrimination Issues
Federal laws like Title IX, Title VI, ADA and Section 504 prohibit discrimination in education based on protected characteristics. OCR enforces these laws.
Discrimination complaints may involve school policies, disciplinary treatment, harassment, equitable access to educational resources, or failure to accommodate disabilities.
Schools must ensure equal opportunities for students regardless of race, sex, disability or other protected traits. Preventing and addressing discrimination remains an ongoing issue.
Higher Education Law
Higher education institutions face a unique set of legal considerations and regulations. Some key areas of higher education law include:
Title IX
Title IX of the Education Amendments Act of 1972 prohibits discrimination based on sex in education programs or activities that receive federal funding. This has a major impact on policies and procedures surrounding sexual misconduct on college campuses. Schools must have a Title IX coordinator, clearly defined policies, fair grievance procedures, and training around these issues. There have been many high-profile Title IX cases in recent years.
ADA Compliance
The Americans with Disabilities Act applies to colleges and universities. Schools must provide reasonable accommodations to allow those with disabilities to fully participate in campus life and academics. This includes things like accessible buildings, alternate formats for course materials, sign language interpreters, and flexible attendance policies. Schools usually have an ADA compliance office to handle these matters.
Due Process in Discipline
Students at public universities have constitutional due process rights when it comes to disciplinary matters that could result in suspension or expulsion. This means schools must follow fair procedures before imposing major disciplinary sanctions. Accused students are entitled to notice of the charges, a hearing, the ability to present evidence, and an impartial decision-maker. Private schools are not bound by constitutional due process but often have similar procedures.
First Amendment
The First Amendment protects free speech at public colleges and universities. However, schools can place reasonable time, place, and manner restrictions if there are significant disruptions to campus operations. Balancing free speech rights with inclusion and civility has been an ongoing issue on many campuses. There have been several lawsuits involving controversial speakers coming to campus. Private schools are not directly bound by the First Amendment but often choose to uphold similar principles.
Higher education law encompasses many complex issues at the intersection of education and the legal system. Specialized legal knowledge is essential when handling higher education matters.
Licensing and Credentials
Teacher and school administrator licensing and credentialing requirements vary by state. To become a licensed teacher, candidates typically need to earn a bachelor’s degree, complete a teacher preparation program, and pass required exams. Requirements differ by grade level and subject taught. For example, high school teachers usually major in their subject area, while elementary teachers take a range of liberal arts courses. All teachers must also complete a student teaching practicum.
To maintain their license, teachers need to complete regular professional development. The specific requirements are set by each state. Common requirements include a certain number of hours of training or college coursework every few years. Teachers may need to document how they are staying current in their field.
School principals, superintendents, and other administrators also need to hold state licenses and certifications beyond their teaching credentials. This often requires a master’s degree or other graduate work in educational administration or leadership. Some states require administrators to take exams and complete an internship under an experienced administrator. Ongoing professional development is also required.
The process of earning and renewing teaching and administrator licenses ensures these professionals stay up-to-date on the latest educational practices, policies, and regulations. Licensing provides accountability so parents and students can be confident in the qualifications of school staff. Education lawyers help school employees navigate licensing requirements. They also represent teachers and administrators in license disputes.
Compliance
Schools and education institutions must comply with a wide array of state and federal laws and regulations. Some of the most notable ones that education lawyers help navigate include:
The Family Educational Rights and Privacy Act (FERPA) – This federal law protects the privacy of student education records. It gives parents the right to access their children’s records and requires schools to get written permission from parents or eligible students before releasing records.
Title IX – Title IX prohibits discrimination based on sex in education programs or activities that receive federal funding. This includes protections against sexual harassment and sexual violence.
State education laws – Each state has its own set of laws and regulations pertaining to education. This includes school funding requirements, curriculum standards, teacher certification rules, and more. Education lawyers are experts in their state’s specific education statutes and help clients navigate compliance. This includes representing schools or families during disputes or litigation related to state laws.
Section 504 – Section 504 of the Rehabilitation Act prohibits discrimination against students with disabilities. It requires schools to provide accommodations and modifications to ensure equal access. Education lawyers assist in developing appropriate 504 plans tailored to individual students’ needs. They also represent families or schools in any 504-related disputes.
Individuals with Disabilities Education Act (IDEA) – IDEA guarantees students with disabilities the right to a free, appropriate public education tailored to their unique needs. Education lawyers help develop comprehensive Individualized Education Programs (IEPs) and represent clients in disputes over IEPs and special education placements.
Having knowledgeable education counsel is essential for schools and families to understand their rights and responsibilities under these pivotal laws.
School Safety
School safety has become a top priority for educational institutions in recent years. Schools have a legal duty to provide a safe environment for students and staff. Failure to do so can result in negligence lawsuits if a student or staff member is harmed.
Schools must take reasonable precautions against foreseeable dangers. This includes implementing policies and procedures to prevent bullying, cyberbullying, harassment, and violence. Schools may be liable if they fail to respond appropriately to reported incidents. Anti-bullying policies should clearly define prohibited behaviors and outline investigation procedures.
School security has also become a crucial issue. Security measures may include metal detectors, security cameras, locked doors, visitor check-ins, and school resource officers. Schools have faced lawsuits for failing to provide adequate security against on-campus attacks.
Schools can also be liable for negligent hiring and supervision of staff. Background checks and abuse prevention training help minimize risks. Mandatory reporting laws require school personnel to report suspected child abuse. Failure to report can result in civil and criminal liability.
Field trips, sports activities, laboratories, and other environments also present safety challenges. Schools must identify and mitigate potential hazards through training, protective equipment, supervision, and facilities upkeep.
By making school safety a priority and proactively addressing risks, schools can help protect students’ wellbeing and minimize legal exposure. Education lawyers play a key role in reviewing policies, investigating incidents, and defending schools when lawsuits arise.
Special Education Law
The field of special education law focuses on ensuring students with disabilities receive a free and appropriate public education (FAPE) as mandated by federal law. Two key pieces of legislation that shape special education law are the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA).
Individualized Education Programs (IEPs)
The cornerstone of IDEA is the requirement that schools develop an individualized education program (IEP) for each child with a disability. The IEP is a written document detailing the child’s learning needs, goals and objectives, and required accommodations and services. It is developed by a team including the child’s parents, teachers, school administrators, and other professionals. IEPs must be reviewed annually.
504 Plans
Section 504 of the Rehabilitation Act of 1973 is a civil rights law protecting people with disabilities from discrimination. Some students may qualify for a 504 plan providing accommodations and modifications even if they do not require specialized instruction under IDEA. 504 plans are commonly used when a student has a medical condition impacting their education.
IDEA and FAPE
IDEA mandates that students with disabilities receive a free and appropriate public education (FAPE) with access to the general education curriculum. This means schools must provide special education and related services tailored to the child’s unique needs at no cost to parents. Parents can request evaluations if they believe their child may have a disability requiring special education services.
ADA and Accessibility
The ADA prohibits discrimination based on disability and requires schools to be accessible. This includes physical accessibility as well as communication accessibility for vision or hearing impaired students. Schools must provide reasonable accommodations to allow students with disabilities to participate in programs and activities.
Employment Law
Schools and other education institutions employ a large number of individuals in various roles, from teachers and administrators to support staff. As employers, they must follow employment laws and regulations. An education lawyer can provide guidance on employment matters.
Hiring
There are federal and state laws regarding hiring practices that schools must follow, such as anti-discrimination laws. Job candidates can file complaints if they believe a school illegally discriminated against them during the hiring process. Schools should have clear hiring policies and procedures in place. An education lawyer can review job applications and interview practices to ensure compliance with the law.
Contracts
Most school employees work under contracts that outline compensation, benefits, responsibilities, and other terms of employment. Education lawyers help draft and negotiate employment contracts between schools and teachers, administrators, and other staff. They ensure contracts follow applicable laws and collective bargaining agreements.
Tenure
Tenure provides job security for teachers and professors who have worked for a certain number of years. The tenure process and requirements can vary by state and school district. Education lawyers advise schools on tenure policies and represent them during tenure disputes and termination of tenured employees.
Termination
Schools must have appropriate grounds for terminating an employee. Education lawyers can guide schools through the termination process to avoid wrongful termination lawsuits. There are special considerations when terminating tenured teachers or employees covered by collective bargaining agreements.
Unions
Many school employees belong to teachers unions or other labor unions. Education lawyers represent and advise schools during collective bargaining negotiations and help resolve disputes with unions. They ensure schools comply with labor laws and collective bargaining agreements.
Recent Trends and Developments
The field of education law has seen several notable changes and developments in recent years through new legislation, regulations, and court rulings. Some of the key trends include:
Changes to Title IX Regulations
In 2020, the federal government issued new regulations for how schools and colleges must handle sexual misconduct allegations under Title IX. The new rules provide more protections and due process for those accused while also aiming to ensure a fair process for alleged victims. Key changes include narrowing the definition of sexual harassment, allowing live hearings and cross-examination, and requiring schools to investigate more formal complaints. These regulations have led to ongoing legal debates and lawsuits.
COVID-19 Impact
The COVID-19 pandemic led to major disruptions in education starting in 2020. Schools switched to remote learning and implemented new health protocols when reopening classrooms. This led to legal disputes over masking and vaccine mandates, disability accommodations, student privacy rights with online learning, and more. The pandemic exposed many areas where the law is unclear for handling public health crises in schools.
School Choice Expansion
Many states have passed new laws in recent years expanding school choice programs. These include voucher programs that allow public funding to be used for private school tuition, tax-credit scholarship programs, education savings accounts, and open enrollment policies. Proponents argue these policies provide more options for families, while critics contend they divert needed funding from public schools. The legal implications center around the First Amendment and state constitutional limits on public funding for religious schools.
Student Privacy
With growing use of education technology, schools collect more student data. New laws like the Student Privacy Protection Act aim to safeguard student privacy and security around this data. Areas of focus include limiting collection of personal data, controlling third-party access,