What is Education Law?
Education law is a complex web of rules and regulations that govern the administration and operations of schools at both the long term and day to day levels. It encompasses all aspects of education from early childhood education through higher education and special education instruction.
Education law is not one single area of the law; it is an umbrella term that captures a wide array of laws and legal issues that frequently overlap. Education law is concerned with a school’s operations, how students are educated, how teachers are hired and fired, student rights, teachers’ rights, and a range of civil rights issues . When you take into account the fact that these major categories of education law implicate hundreds of other federal and state laws, it’s no surprise that education law is one of the most complicated legal specialties.
Education law involves all of the following:
Because education law encompasses so many different areas, it’s important to call upon an experienced education attorney who can help you navigate the area of education law that is applicable to your situation.
The Necessity of an Education Law Attorney
There are many reasons why you may need an education law attorney. For example, you may be involved in a complex legal dispute concerning alleged academic failure or violations of school policy. You also could be the parent of a special needs child who has been denied an appropriate public education. In some cases, schools and other educational institutions may face significant legal risks due to violations of state or federal law, civil rights or institutional governance issues. Whatever the circumstances are in your particular education law matter, an experienced attorney will be able to inform you of your options, advocate for your rights, and help you pursue a positive resolution to your legal issue.
An education law attorney can be helpful in many different contexts. Your lawyer can provide counsel related to federal education grants, child protection issues, teacher certification standards and disciplinary action, discrimination in educational institutions, student representation in disciplinary hearings or expulsion appeals, and more. If you are unsure whether your situation falls under the purview of state or federal education law, it is important to speak with an attorney who can evaluate your case and advise you on how to proceed.
Education Law Issues
One of the primary legal issues that affects both public and private institutions is discrimination. It’s important to understand that there are different types of discrimination. Although many may think it only deals with racial or ethnic discrimination, what people really don’t realize is there is now protection for gender discrimination, LGBT, etc. This can include misbehavior by a teacher, principal or even student. In some situations your child could be the target of discrimination or in other words they might be discriminated against. Or, they could be the victim of bullying and have the opportunity to file a grievance or a complaint against the person who is doing the bullying.
Special education is another issue. When you have children who are struggling in school, it’s possible that the school has a duty to provide an education through a special education plan and if they don’t implement it, your child could be held back. An attorney will force the school and the school district to take action to correct the issue or hold them accountable.
Discipline is another big area. What is considered fair and not fair discipline. Exclusion from school, punishment, etc. Sometimes suspensions and expulsions are not constitutional, so they could be legally challenged.
Bullying and cyber bullying are very real, even though it’s not a criminal matter, it’s a disciplinary matter. Depending on the seriousness of the situation, an attorney will work with you to verify or defend the charges pending against a student.
These issues happen frequently in all kinds of schools throughout the state of Iowa – public and private. They also occur sooner than parents realize and often the school doesn’t inform the parents about what is happening. If you think your child is getting bullied, molested or sexually harassed, I suggest that you contact an attorney and they can help investigate the issue and help the child if necessary.
Selecting the Right Education Law Attorney
Choosing the right attorney to address your needs in the area of education law is a critically important decision to make. While relatives or family friends may offer to represent you on a pro bono basis, having a professional experienced education attorney will probably be a wiser course of action, especially when you are talking about a dispute with a public agency or school. The first thing you’ll want to do is consider the level of experience that the education law attorney has. Some will have extensive knowledge in a specific area of the law, while others may be more generalists, better prepared to assist you with many issues. When considering how experienced an education law attorney is , look at the number of years the lawyer has been helping clients like you and how well he or she understands the specific problem you are facing. Specialization is another factor to consider. You need an attorney who has helped many people like yourself with the kind of issue that you are experiencing. Ask about the types of cases that have been taken by the lawyer and how similar they are to your situation. Reputation is another important factor. Read what others are saying about the attorney you are considering. Do the reviews and referrals that come from previous clients shine a positive light on the representation they received? Check to see if he or she is listed among organizations like Martindale-Hubbell or Avvo, which rate attorneys based on reviews from their peers and customers alike to generate ratings for lawyers on a 10-point scale from "superb" to "poor." Consumer review sites are another tool to use in selection of an education law attorney. On these sites, consumers provide feedback on their own opinions of lawyers’ services. Often, these are the most revealing evaluations of legal representation. Finally, schedule a consultation with the attorney. Before you go in, prepare a list of questions that you would like answered in order to make the best decision about hiring the attorney for the long term.
The Role of Education Law Attorneys in Policy Making
Education law attorneys are often involved in the implementation of educational programs, but their role can also extend to the development and reform of policies at both the institutional and governmental levels. Attorneys can be instrumental in creating policies that promote teaching and learning and that protect the rights of students, faculty, and other employees in the education system.
At the institutional level, an attorney may be used to draft the organization’s bylaws and eventually advise on needed amendments. It may also be the case, however, that an attorney is brought in to help create entirely new policies. For example, when an organization undergoes a merger, there may be an existing policy that does not align with the new goals of the organization. An attorney is able to look at the existing policy, analyze its effectiveness, and propose solutions such as different wording, timing, or a more gradual implementation path. attorneys can also aid in the creation of entirely new policies, such as when an educational organization turns toward a new methodology or focuses on a brand-new objective. In this case, the attorney may engage in research on available options and trends, develop the wording necessary to implement the new policy, and advise on the best methods to implement the policy.
Not only are education law attorneys vital to the development of policies at the organizational level, they also work with governmental bodies to reform existing policies and create new ones. The attorney may be tasked with analyzing existing policies to determine if they are effective, fair, and workable, and they may help to identify areas that would benefit from reform. This research leads to the drafting of new policies, or amendments to existing policies, which will then be presented to the relevant governmental body. The attorney will then advocate for the new policy, which will often include providing information about why the proposed policy is needed and answering any questions that members of the governmental body may have.
Education policy is often based on legal rulings at both the state and federal level. Education law attorneys play an important role in the development of these policies and their related legislation by aiding governmental bodies in the creation of new laws and legal precedents. In many cases, an attorney who has a background in education law will monitor the decisions made by the school board, the state board of education, and even Congress to be aware of any changes that may soon be implemented. These changes can affect everyone from school board members to teachers and students.
The Future of Education Law
As technology continues to proliferate, education law is evolving in tandem. Attorneys are increasingly focused on issues related to digital learning and privacy, as well as equity in education.
Digital learning is becoming more common each year, especially in the wake of the COVID-19 pandemic. As such, attorneys are working to ensure that students receive a high-quality education that is comparable to their brick-and-mortar peers. One trend in this area is the rise of hybrid learning environments, which combine traditional classroom instruction with online learning. Attorneys are advising clients on how to structure these programs to ensure that they are effective and comply with state and federal regulations.
Privacy issues are also a significant concern for education law attorneys. With the increasing use of technology in the classroom , there are more opportunities for student data to be collected and used. Attorneys are working with schools and school districts to ensure that student privacy rights are protected and that any data collected is used in compliance with state and federal law. One area that has seen increased litigation is cyberbullying, an issue that schools and school districts should address proactively through technology policy and staff training.
Equity in education is another area of focus for attorneys. There are longstanding disparities in access to educational resources and opportunities, particularly for low-income students and students of color. Attorneys are advocating for policies and programs that promote equity in education, such as increased funding for low-income schools and expanded access to advanced coursework for underrepresented students. One area that schools and school districts should address proactively is equitable access to technology and broadband internet service.
Overall, attorneys are playing a critical role in ensuring that education law keeps pace with the needs of schools, school districts, and students.