Education is one of many functions of both the state and federal governments. The federal government has an interest in education; however, each state has primary responsibility for the maintenance and operation of its own public schools. Every state has a constitutional requirement to provide a public school system, and state legislatures have the authority to ensure the system remains consistent with the state's constitution. This authority is usually delegated to a state board of education.
Common issues in education and school law include equality in education; parents' rights to direct their children's education; constitutional freedoms such as freedom of religion and the freedom of speech; special education issues based on the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.); and public and private funding. Some important federal education statutes include:
- No Child Left Behind Act of 2001, P.L. 107-110, 115 Stat. 1425 (2001), which is mainly codified in Chapter 70 of Title 20, 20 U.S.C. § 6301 et seq. NCLB Act revamped the Elementary and Secondary Education Act of 1965, P.L. 89-10, incorporating new provisions on, among other things, testing, accountability and parental choice.
- McKinney-Vento Homeless Assistance Act, P.L. 100-77. Subtitle B of Title VII of the act covers education for homeless children, codified as amended in 42 U.S.C. §11431 et seq.
- Individuals with Disabilities Education Act (IDEA), P.L. 91-230, codified as amended at 20 U.S.C. §1400 et seq.
- Servicemen's Readjustment Act of 1944 (G.I. Bill), P.L. 78-346, 58 Stat. 284 (June 22, 1944).
- Higher Education Act of 1965, P.L. 89-329, 79 Stat. 1219 (November 8, 1965), codified as amended in 20 U.S.C. §1001 et seq. The HEA Act increased federal funding for universities, created scholarships, and offered low-interest loans to students.
TABLE OF CONTENTS:
- Self Help Resources, Manuals, and Handbooks
- Legal Encyclopedias and Law Summaries
- Treatises and Practice Guides
- Specialized Texts and Journals
- Forms
- Statutes, Regulations, and Decisions
- Web Sites
1. SELF HELP RESOURCES, GUIDES, AND MANUALS
These books are highly regarded "plain English" explanations of the law, written by attorneys or other legal experts. They include basic legal discussion and procedures, forms with instructions, and models of other documents that may be required. Many of the books have CDs that supplement the text and provide interactive forms.
CALIFORNIA
Adult Education Handbook for California KFC 665 .A3 A38
California School Rules: A School-Smart Parent's Guide to Advocating For Your Child KFC 648 .Z9 G63
Law in the School: A Guide for California Schools, School Safety Personnel, and Law Enforcement KFC 648 .Z9 L49
GENERAL
Nolo's IEP Guide: Learning Disabilities KF 4209 .3 .S55 (Self-Help)
Say the Right Thing: A Guide to Responding to Parents' IEP Requests KF 4209 .3 .K56
The Complete IEP Guide: How to Advocate for Your Special Ed Child KF 4209 .3 .S57
The Law of Special Education KF 4209 .3.Z9 J37
What Do I Do When: The Answer Book on Discipline KF 4159 .N67
What Do I Do When: The Answer Book on Individualized Education Programs KF 4209 .3 .N67
What Do I Do When: The Answer Book on the Family Educational Rights and Privacy Act KF 4156 .5 .Z9 G67
What Do I Do When: The Answer Book on Section 504 KF 4210 .N67
What Do I Do When: The Answer Book on Special Education Law KF 4209 .3 .Z9 N67
What I Wish I'd Learned in Law School: Social Science Research for Children's Attorneys KF 9323 .W52
Write the Right Thing: Sample Letters for Responding to Parents' Concerns KF 4195 .A65 K56 [Includes FORMS in the book and on an accompanying CD]
2. LEGAL ENCYCLOPEDIAS and LAW SUMMARIES
Legal encyclopedias and law summaries provide a summary of law on specific topics, including education law. These materials include references to applicable statutes and cases. Attorneys and people representing themselves may find these resources useful.
CALIFORNIA
California Jurisprudence (Cal Jur) Third KFC 80 .C35
Volume 56, Schools, and volume 12, Universities and Colleges.
Electronic Access: On the law library computers, using Westlaw.
Witkin's Summary of California Law, 10th Edition KFC 80 .W5
Index topics include Schools and School Districts and Schoolteachers.
Electronic Access: On the law library computers, using Westlaw.
GENERAL
American Jurisprudence 2d (Am Jur) KF 154 .A42
Volume 68, Schools, and volume 15A, Colleges and Universities.
Electronic Access: On the law library computers, using Westlaw.
American Law Reports, Federal (ALR, Fed) and ALR Fed 2d KF 132 .A741
Index topics include Curriculum; Discipline and Disciplinary Actions; Discrimination; Public Officers and Employees; Private or Parochial Schools; School Bond; School Buses; Schools and Education; Segregation; Teachers and Instructors; and Text Books.
Corpus Juris Secundum (CJS)KF 154. C61
Volumes 78 and 78A address Schools and School Districts, and volume 14A covers Colleges and Universities.
Federal Procedure, Lawyers' Edition KF 8835 .F4
Index topics include Schools and Education, Colleges and Universities, Civil Rights, Student Aid, and Parties.
3. TREATISES AND PRACTICE GUIDES
Although treatises and practice guides are written for attorneys, people representing themselves may also find these resources useful. These materials provide more detailed information than the self-help books.
CALIFORNIA
California Juvenile Court Special Education Manual KFC 602 .C34
California Laws Relating to Minors KFC 1195 .Z9 K38
California School Law KFC 648 .K45
School Law Issues in California KFC 662 .S36
GENERAL
American Jurisprudence: Proof of Facts KF 8933 .A46
Index topics include Special Education, Schools & Education, and Teacher.
Electronic Access: On the law library computers, using Westlaw.
American Jurisprudence: Trials
Index topics include Schools & Education, Teachers, and Children & Minors.
Electronic Access: On the law library computers, using Westlaw.
Causes of Action KF 8863 .S53
Index topics include Schools & Education, Truancy, and Children.
Electronic Access: On the law library computers, using Westlaw.
Education Law: First Amendment, Due Process & Discrimination
Electronic Access Only: On the law library computers, using Westlaw.
Lentz School Security
Electronic Access Only: On the law library computers, using Westlaw.
School Law Handbook KF 4118 .P58
Special Education Law and Litigation Treatise KF 4209 .3 .W43
Special Education Law and Practice: A Manual for the Special Education Practitioner KF 4209 .3 .S68
The IDEA Due Process Survival Guide: A Step-by-Step Companion for Administrators and Attorneys KF 4209 .3 .I34
4. SPECIALIZED TEXTS AND LAW REVIEW JOURNALS
Autism Case Law: A Desktop Reference to Key Decisions KF 4209 .3 .A98
Brigham Young University Education and Law Journal
Electronic Access: On the law library computers, using HeinOnline.
From Brown to Bakke: The Supreme Court and School Integration, 1954-1978 KF 4155 .W54
Journal of Law and Education
Electronic Access: On the law library computers, using HeinOnline.
School Crime and Violence: Victims' Rights KF 4159 .R36
Searches, Seizures, and Drug-Testing Procedures: Balancing Rights and School Safety KF 4124.5 .R87
Special Education Law Update (Electronic Access Only)
A newsletter covering court decisions, legislation, and regulations affecting special education.
Electronic Access: On the law library computers, using Westlaw.
5. FORMS CALIFORNIA
California Forms of Pleading and Practice, vol. 45 KFC 1010 .A65 C3
Chapter 512, Schools: Certification and Dismissal, Chapter 513, Schools: Student Rights, and Chapter 514, Schools: Injuries to Students, contain forms with accompanying comments and suggestions for their use.
Electronic Access: On the law library computers, using LexisNexisCD.
West's California Code Forms with Practice Commentaries: Education
KFC 30 .W482 E38
Electronic Access: On the law library computers, using Westlaw.
FEDERAL
American Jurisprudence Pleading and Practice Forms Annotated KF 8836 .A45
The only major set of general pleading and practice forms, volume 5B on Colleges and Universities and volume 22, Schools contain a variety of forms relating to education law and practice.
Electronic Access: On the law library computers, using Westlaw.
Federal Forms KF 8836 .W47
Refer to Schools and School Districts and Schoolteachers in the Index for references to complaints, injunctions, and other forms.
6. STATUTES, REGULATIONS, AND DECISIONS
CALIFORNIA
(A) Statutes
The California Education Code is available at the library in print in both annotated form (includes summaries of cases interpreting the laws) and unannotated form (includes only the laws), and on the Internet at the California State Legislature's website in unannotated form only.
B) Regulations
The California Board of Education promulgates most of the regulations implementing education policies, and they are codified primarily in Title 5, Education, though regulations applicable to schools also appear in Title 13, Motor Vehicles, and Title 19, Public Safety.
- Barclay's Code of California Regulations KFC35 .A23
Title 5, Education, Title 13, Motor Vehicles, and Title 19, Public Safety, apply to California schools.
Electronic Access: A searchable online version of the California Code of Regulations is posted by the California Office of Administrative Law at http://www.calregs.com.
C) Decisions
FEDERAL
A) Statutes Most of the federal education-related statutes are codified in Title 20 (Education) of the United States Code; some are codified in Title 42 (Public Health and Welfare).
- United States Code Annotated KF 62. W45T26
Title 20, Education; Title 42, Public Health and Welfare
USCA is the current United States Code published by West.
Electronic Access: On the law library computers, using Westlaw.
- United States Code Service KF 62 .L38T26
Title 20, Education; Title 42, Public Health and Welfare
USCS is the current United States Code published by Lexis.
B) Regulations
The U.S. Department of Education promulgates most of the regulations implementing education policies, and they are codified in Title 34 of the Code of Federal Regulations.
- Code of Federal Regulations KF70 .A3
Title 34, Education
Provides the current federal education regulations.
Electronic Access: On the law library computers using HeinOnline and also from the U.S. Government Printing Office website at http://www.gpoaccess.gov/cfr.
- Federal Register Microfiche
Regulations are first published in the Federal Register as proposed regulations, which allows for a public comment period before the regulations become final.
Electronic Access: On the law library computers using HeinOnline and also from the U.S. Government Printing Office website at http://www.gpoaccess.gov/fr/index.html.
C) Decisions
7. WEBSITES
California Department of Education
www.cde.ca.gov
The California Department of Education (CDE) oversees the state's diverse and dynamic public school system. In conjunction with the State Superintendent of Public Instruction, the agency is responsible for enforcing education law and regulations. Forms, publications, and legislative and regulatory resources are available on the department's website.
California State Board of Education
The State Board of Education (SBE) is the governing and policy-making body of the California Department of Education. The SBE sets K-12 education policy in the areas of standards, instructional materials, assessment, and accountability; adopts textbooks for grades K-8; adopts regulations to implement legislation; and has authority to grant waivers of the Education Code.
California School Boards Association
www.csba.org
The California School Boards Association (CSBA) is a collaborative group of nearly all of the state's more than 1,000 school districts and county offices of education. CSBA develops, communicates and advocates the perspective of California school districts and county offices of education.
Building the Legacy: IDEA 2004
http://idea.ed.gov
This website provides resources related to IDEA and its implementing regulations, including a searchable versions of IDEA and the regulations, access to cross-referenced content from other laws (e.g., the No Child Left Behind Act (NCLB), the Family Education Rights and Privacy Act (FERPA), etc.), video clips on selected topics, and topic briefs on selected regulations.
Education Commission of the States
www.ecs.org
"The Education Commission of the States (ECS) is an interstate compact created in 1965 to improve public education by facilitating the exchange of information, ideas and experiences among state policymakers and education leaders." The web site provides state profiles and 50-state comparisons on a wide range of education issues from accountability to vouchers.
National School Boards Association
www.nsba.org
The National School Boards Association (NSBA) is a non-profit organization representing state associations of school boards and their member districts across the United States. It represents the school board perspective before federal government agencies and with national organizations that affect education, and provides information and services to state associations of school boards and local school boards.
National Center for Learning Disabilities
www.ncld.org
NCLD provides essential information to parents, professionals and individuals with learning disabilities, promotes research and programs to foster effective learning, and advocates for policies to protect and strengthen educational rights and opportunities.
U.S. Department of Education
www.ed.gov
The federal Department of Education (DOE) establishes policies related to federal education funding, administers distribution of funds and monitors their use; collects data and oversees research on America's schools; and enforces federal laws prohibiting discrimination in programs that receive federal funds.
updated 2/2010 jkr