What Is Schools and Education Law?

Education is crucial to democratic society. American law requires that every child have equal access to the education system. There are important federal education laws, but state education policies and parent preferences largely determine a child’s education. One rule that applies across the board is that all children must have access to education.

If you believe your child’s right to education has been denied, you might be considering legal action. This overview will give you a basic understanding of the laws on your side and what your children are entitled to. For legal advice, reach out to a school and education lawyer.

Laws Require That All Children Receive an Education

State laws require children to be educated. Parents have the right to decide how their children are educated, but the children must get an education.

Most parents send their kids to school, whether in the public school system or a private school, charter school, or religious school. Some parents choose to homeschool their children. While education standards are set on the state level, schools receiving federal funding must prevent discrimination and work to serve students with special needs.

Laws Protect Students from Discrimination in Education

Federal education law prohibits discrimination based on protected characteristics such as race, gender, age, color, national origin, and disability.

While no federal statutes explicitly protect the rights of LGBTQ+ students, rulings by federal courts and agencies have extended protections against discrimination based on sex to sexual orientation and gender identity in education and employment settings. However, interpretation and enforcement in this area of law frequently changes with new presidential administrations. If you or a loved one is facing education discrimination, speak with a schools and education lawyer to understand how your child is affected.

Title IX

Title IX is a federal law that prohibits discrimination based on sex, including sexual harassment. It applies to education programs or activities that receive federal funding.

Title IX is enforced by the U.S. Department of Education’s Office of Civil Rights (OCR). The OCR investigates and resolves complaints, and it also has the authority to remedy discrimination even where nobody has made a formal complaint.

In addition to agency enforcement, Title IX provides individuals with a private right of action. You can use this right to request an injunction, which is a court order requiring the other party to start or stop doing something. For example, an injunction could order a school to stop discriminatory actions against you. You might also consider bringing a case for monetary damages when there has been intentional discrimination.

Title VI

Title VI of the Civil Rights Act prohibits discrimination under any program or activity receiving federal financial assistance, including educational institutions. The Department of Education’s Office of Civil Rights enforces Title VI.

Anyone can file a complaint under Title VI, even if they are not themselves the victim of discrimination. In these cases, the complaining party will need to identify the party that was discriminated against and where the discrimination happened. The OCR will seek voluntary compliance from the institution. If it cannot get it, the OCR will either refer the case to the U.S. Department of Justice or seek to terminate federal funding.

Special Education

The Individuals with Disabilities Education Act (IDEA) governs how special education and services should be provided to students with disabilities. The goal is to provide these children with a “free appropriate public education,” and qualifying children are entitled to an individualized education plan (IEP).

IEPs are created by a team that meets annually and must include at least one of the student’s parents, a regular teacher, a special education teacher, a school administrator or someone familiar with the school district’s resources, a psychologist, and a representative of the local education agency. Parents may be part of the team and are legally entitled to view all records and suggest an alternative IEP.

Complaints are handled on the state level, unless they include alleged violations of the Americans with Disabilities Act. In those cases, complaints will be processed by the Department of Education at the federal level.

Should I Talk To a Schools and Education Lawyer?

The combination of state and federal law can make education law tricky. A lawyer will help you understand which agencies you should file complaints with and what you will need to prove. Your lawyer will also help you obtain necessary documentation and interview potential witnesses. If you are interested in an out-of-court solution, a lawyer can also help you facilitate that.

A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

Visit the Super Lawyers directory to find a schools and education lawyer near you.