An Overview of Education Law
Education law is a broad and ever-evolving field of legal practice that encompasses many aspects of the United States education system. This area of the law is vast, yet it is essential in ensuring that educators, students, and parents are protected by specific laws regulating the education system. Education attorneys offer legal counsel and representation to local and state education systems, school boards, teachers (including special education teachers), and even parents and students throughout common legal matters that fall under the umbrella of education law.
Because administrative review and regulatory compliance is the primary function of education law, attorneys in this field can be found handling a variety of cases and situations related to core educational functions and governing bodies. While there are many books dedicated to education law, this type of law is not static; new cases , tribunals and regulations surrounding education law are always developing. Due to this constant change, education law lawyers must be life-long leaners, as they are tasked with keeping informed on changes in the law so as to provide the best possible legal advice and guidance.
Education law covers a range of laws, including constitutional, federal and state laws, case law, and the interpretation and implementation of a number of federal and state law statutes. More specifically, education law pertains to the set of laws that directly address relationships between, and the responsibilities of, various state public education systems, school boards, and local educational agencies (LEAs), as well as the rights of students and teachers. This will also include, but is not limited to, a deep knowledge of regulations regarding student rights and teacher tenure, job protection, hiring practices and faculty contracts, and special education programs.
Education Law and an Education Law Attorney
An education law lawyer can play several roles, serving both educational institutions and individuals within the education system. They advise on compliance and regulatory issues, provide counsel on tort liability and discrimination matters, and both prepare and represent clients in litigation matters. They educate their clients on new changes in the law and how that affects their educational institution, from universities to grade schools. An education law lawyer is essential in an educational institution when it comes to things like child neglect, abuse and sexuality issues. They work with school counselors to ensure the proper steps have been taken to prevent child abuse and neglect. The lawyer also assists in combating sexual discrimination and other criminal offenses, including hazing, teen dating and bullying. These lawyers also assist in drafting policies and procedures to prevent any hazards that could jeopardize the safety of students in the school or on campus. In doing this, they also help to prevent any law suits developed due to the student’s or faculty’s injuries. An education law lawyer assists an individual in numerous ways. They help interpret Title IX of the Education Amendments of 1972 (Title IX), which prohibit sex discrimination in education and athletics, particularly for victims of sexual assault in college. Education lawyers also counsel minors and their parents in situations including hazing and education rights. They also aid individuals in the disciplinary process when students are in conflict with due process such as searches and seizures, due process in school discipline matters, discrimination based on sexual orientation, sexual harassment and protest rights. There are many more areas in which education lawyers help their clients.
Common Issues Addressed
An education law lawyer handles a wide range of legal issues. Education lawyers have experience with a number of issues that affect both students and parents of students, including:
Student Rights
The Constitution provides several rights to public-school students under the First Amendment, the Fourteenth Amendment, the Fourth Amendment, and the Eighth Amendment. The most common concerns regarding student rights are related to freedom of speech. Specifically, students have the right to express themselves through clothing, and schools are not allowed to enforce strict dress codes. Gender neutral dress codes have been put into place in several school areas to ensure compliance with these rights. Other rights of students relate to free exercise of religion. If a religious student seeks to participate in a religious activity at a public school, that activity must be permitted as long as it does not disrupt the education of other students. Disciplining a student for religion-related activities also violates First Amendment rights. A third student right that is often infringed upon by public schools is the right to protection from unreasonable search and seizure. Because students are minors, all areas of the school are considered to be under lock and key and if police wish to search lockers, cars, or other areas, they must obtain a search warrant.
Special Education Needs
Some students require additional attention due to learning disabilities or other difficulties. Schools are required by federal law to develop an Individualized Education Program (IEP) for each student who has a mental, physical, or emotional impairment that significantly limits his or her ability to learn. An IEP is created during a meeting with all relevant parties including the parent, special education coordinator, school psychologist, and even the student if he or she is old enough to attend. All students with IEPs are entitled to a free appropriate public education regardless of socioeconomic status. Those who do not get the full level of care required by law could have a case for suing the school.
Discrimination Cases
In addition to regulations regarding freedom of speech, the Equal Protection Clause of the Fourteenth Amendment also prohibits the discrimination based on factors like race, gender, age, ethnic origin, disability, and religion. Any student who feels that his or her rights have been infringed upon can file a lawsuit against the school district.
Education Law and Policy Issues
Education law is often at the intersection of policy making and legislation. Education advocates may seek to influence school reform through advocacy and lobbying to effectuate policy change. Such advocacy efforts may urge lawmakers to adopt policies relating to school funding, changes to standards & assessments, educational equity, school safety, emergency preparedness, special education, school choice, charter schools, or more recently, social media policy for schools and youth. Advocacy efforts may include drafting legislation, modifying existing legislation, advocating for new policy language, lobbying legislators at the local, state, and/or federal level, testifying before legislative committees, valuing and promoting policy positions, and seeking out sponsors to get proposed legislation introduced in federal and state house or senate chambers.
For many years, one major policy initiative that has shaped national education policy is No Child Left Behind Act of 2001 and its reauthorization in the Elementary and Secondary Education Act of 1965 (ESEA). Important provisions of ESEA include teacher accountability, state accountability systems, annual testing requirements, reading assistance programs, and after-school tutoring programs. Recently, the Every Student Succeeds Act (ESSA) was signed into law on December 10 , 2015. ESSA will replace No Child Left Behind upon ESEA’s expiration in the summer of 2016. ESSA aims to help states and school districts provide all students with a fair opportunity to achieve academic excellence. Specifically, the law includes supporters’ wishes to make it easier for states to obtain waivers concerning using a single test score to determine student and school performance.
Section 4001 of ESSA funds colleges and universities that provide training for teachers and paraprofessionals. It also provides funding for schools to educate, train, and rehabilitate homeless and runaway youth. Importantly, Section 4107 of ESSA encourages states to develop literacy programs targeting struggling readers from birth through grade 12. Language in Section 4107 strongly promotes early childhood education, birth to age 5. It is focused on intervening early to prevent literacy challenges in later grades and emphasizing family literacy programs. ESSA authorizes $250 million in federal funding to carry out these programs. According to the National School Boards Association, these provisions are significant because they directly address a reduction in federal funding to schools. This reduction is primarily due to cuts in federal funding to the Individuals with Disabilities Education Act (IDEA) and Title I. As a result, experts and advocates predict a gradual shift in ESSA towards more early childhood literacy programming.
When to Work with an Education Law Attorney
In today’s complex educational landscape, students and parents grapple with a myriad of legal issues that can arise in the field of education law. Understanding your rights and responsibilities is crucial.
A student may need the assistance of an education law lawyer when confronted with academic integrity violations or discrimination allegations. Parents may seek representation in cases of student discipline, IEP (Individualized Education Program) processes, or school choice problems. An educational institution might require legal counsel for employment disputes, policy development, or issues related to student privacy.
Some specific scenarios where an education law attorney becomes necessary include:
- Students and Academic Integrity: Educational institutions have strict codes of conduct regarding academic integrity. If a student is accused of cheating, plagiarism, or other violations of academic honesty, they may face disciplinary measures, including expulsion. In such cases, an education lawyer can represent the student’s interests, often helping to secure a lesser punishment or to clear their name entirely.
- IEP Issues: When children with disabilities are not receiving adequate support as per federal law, parents need guidance on how to address this with the school. An education law lawyer can help advocate for the necessary accommodations and services a child requires to succeed academically.
- Student Discipline: A student facing suspension or expulsion for a behavioral issue might need a lawyer to argue against what they see as an unfair punishment. A lawyer can advocate for the student in a disciplinary hearing, seeking to reduce the penalty or find an alternative, less severe resolution.
- Employment Disputes in Educational Institutions: These happen when there are disagreements about employment terms, such as salary disputes, wrongful termination of staff, or other employment policies in schools and universities. In some cases, a lawyer might be needed to negotiate employment contracts or resolve discrimination complaints.
- Privacy Issues: With the rise of electronic information sharing, student privacy laws are critical. If a student’s privacy has been violated by the school, affecting their academic or social standing, an education law lawyer can advise on the rights of the student and the liability of the school.
- Discrimination: Students or parents of students with disabilities, English language learners, or other unique needs sometimes face discrimination. This can take the form of bullying, lack of support, or unwarranted disciplinary actions. Similarly, teachers can face discrimination from their employers. A lawyer can help navigate these complex issues and defend their civil rights.
Seeking the counsel of an education law lawyer can prove vital when faced with educational concerns. Whether you are a student, an educator, or a parent, being informed and properly represented is crucial for navigating the educational system.
Choosing the Right Education Law Attorney
Choosing a qualified and experienced education law lawyer to assist a student with the legal issues related to their handicapped or learning disabled child is important. There are many questions a parent can ask to determine if the education law lawyer selected has the skills and experience to handle their case.
Does the education law lawyer you are considering have the right academic credentials to represent your child at an impartial hearing? An education law lawyer who represents students and parents and defends them against school boards must have the academic background necessary to prove themselves capable of cross-examining the school’s experts, including expert witnesses and other professionals .
Ask yourself, is the education law lawyer considered an advocate, a teacher, a parent, a committee member, a board member or a coach? Is the education lawyer a mother or father of a special needs child, a therapist, a doctor, a psychologist, a health care provider, a former school teacher or administrator?
Educational law lawyers have many types of backgrounds and experiences. Be sure to confirm that the lawyer you select has the qualifications to handle your specific case.
When you sit down with the education law lawyer, don’t be afraid to ask questions about their credentials, experience, and track record in education law. A well-prepared education law lawyer should be able to answer questions about their approach, their training and their study of education law in an honest and forthcoming manner.