Education Law

Schools, Students, and Special Education

BASICS

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. The NCLB Act revamped the Elementary and Secondary Education Act of 1965, P.L. 89-10, incorporating new provisions on 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:

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. Many of the titles include forms with instructions, and models of other documents that may be required. Some of the books have CDs that supplement the text and provide interactive forms.

California

California School Rules: A School-Smart Parent's Guide to Advocating For Your Child KFC 648 .Z9 G63 (Self-Help)

Law in the School: A Guide for California Schools, School Safety Personnel, and Law Enforcement KFC 648 .Z9 L49

Pocket Guide to K-12 Certificated Employee Classification and Dismissal: a Review of Rights, Duties and Procedures KFC 658 .B76

General

College and School Law: Analysis, Prevention, and Forms KF 4225. P73
[Includes FORMS in the book and on an accompanying CD]

The Complete IEP Guide: How to Advocate for Your Special Ed Child KF 4209 .3 .S57 (Self-Help)

The Law of Schools, Students and Teachers in a Nutshell KF 4119 .85 .A43

Nolo's IEP Guide: Learning Disabilities KF 4209 .3 .S55 (Self-Help)
Electronic Access: From any computer (library or home) via the Legal Information Reference Center, at http://tinyurl.com/Nolo-E-Books (The state is CA and password is Sacramento).

Say the Right Thing: A Guide to Responding to Parents' IEP Requests KF 4209 .3 .K56

School Law and the Public Schools: A Practical Guide for Educational Leaders KF 4119 .E84

What Do I Do When: The Answer Book on Assessing, Testing and Graduating Students with Disabilities KF 4210 .G68

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 Individualized Education Programs KF 4209 .3 .N67

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 Do I Do When: The Answer Book on Special Education Practice & Procedure KF 4209 .3 .L35

What Do I Do When: The Answer Book on Transportation for Students with Disabilities KF 4210 .P58

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 provide a summary of law on specific topics, including education law. These materials include references to applicable statutes and cases.

California

California Jurisprudence (Cal Jur) Third KFC 80 .C35 (Ready Reference)
Volume 56, Schools, and volume 12, Universities and Colleges.
Electronic Access: On the law library computers, using Westlaw Next.

Witkin's Summary of California Law, 10^th Edition KFC 80 .W5 (Ready Reference)
Index topics include Schools and School Districts and Schoolteachers.
Electronic Access: On the law library computers, using Westlaw Next.

General

American Jurisprudence 2d (Am Jur) KF 154 .A42 (Ready Reference)
Volume 68, Schools, and volume 15A, Colleges and Universities.
Electronic Access: On the law library computers, using Westlaw Next.

American Law Reports, Federal (ALR Fed) and ALR Fed 2d KF 132 .A741 (Compact)
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.
Electronic Access: On the law library computers, using Westlaw Next.

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
Updates available at: http://www.sup.org/ancillary.cgi?isbn=0804760381&item=Updates.htm

School Law Issues in California KFC 662 .S36

General

American Jurisprudence: Proof of Facts, 2d KF 8933 .A46 (Compact)
Index topics include Special Education, Schools & Education, and Teachers.
Electronic Access: On the law library computers, using Westlaw Next.

American Jurisprudence: Trials KF 8915 .A44 (Compact)
Index topics include Schools & Education, Teachers, and Children & Minors.
Electronic Access: On the law library computers, using Westlaw Next.

Causes of Action KF 8863 .S53 (Compact)
Index topics include Schools & Education, Truancy, and Children.
Electronic Access: On the law library computers, using Westlaw Next.

Education Law: First Amendment, Due Process & Discrimination
Electronic Access Only: On the law library computers, using Westlaw Next.
This database contains the well-respected two volume treatise providing expert guidance, as well as selected statutes and sample pleadings and forms, on topics such as rights to freedom of speech and due process in the public school context and laws prohibiting public school discrimination on the basis of gender, race and disability.

Lentz School Security
Electronic Access Only: On the law library computers, using Westlaw Next. This database provides up-to-date case law developments in such areas as the duty of care owed students and school employees, as well as the duty to provide adequate supervision and how that extends to students' bullying behavior.

Special Education Law KF 4210 .R68
Current information on special education statutes, regulations, and case law, including substantial changes in the interpretation of this legislation. A companion website provides a variety of resources to enhance understanding of the book's contents.

School Law Handbook KF 4118 .P58
A complete study of major legal issues and laws affecting elementary and secondary students, schools, teachers, school administrators and staff, this handbook provides information on sexual harassment of students, workplace sexual harassment, liability for student injury, insuring school risks, Americans with Disability Act (ADA) issues, electronic communications, First Amendment rights of school employees, compensation, and drug-test policies. Includes summaries of judicial decisions.

Special Education Law and Litigation Treatise KF 4209 .3 .W43
Highly regarded comprehensive overview of the law related to special education.

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

Breaking Down Barriers: a Legal Guide to Title IX KF 4166 .B74
[Includes FORMS in the book and on an accompanying CD]

Brigham Young University Education and Law Journal
Electronic Access Only: On the law library computers, using HeinOnline.

Journal of Law and Education
Electronic Access Only: On the law library computers, using HeinOnline.

Searches, Seizures, and Drug-Testing Procedures: Balancing Rights and School Safety KF 4124.5 .R87

5. FORMS

California

California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Reference)
Vol. 45 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 the Matthew Bender CD.

West's California Code Forms with Practice Commentaries: Education KFC 30 .W482 E38
Electronic Access: On the law library computers, using Westlaw Next.

Federal

American Jurisprudence Pleading and Practice Forms Annotated KF 8836 .A45 (Ready Reference)
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 Next.

6. STATUTES, REGULATIONS, AND DECISIONS

California

(A) Statutes

Deering's California Education Code Annotated KFC 30.5 .D4 P76 (Compact)

West's Annotated California Education Code KFC 30 .W48 P76
Electronic Access: On the law library computers, using Westlaw Next.

B) Regulations

The California Board of Education promulgates most of the regulations implementing education policy, and those regulations are codified primarily in Title 5, Education, although regulations applicable to schools also appear in Title 13, Motor Vehicles, and Title 19, Public Safety.

Barclay's Code of California Regulations KFC 35 .A23 (Ready Reference)
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

West's California Digest, 2d KFC 57 .W471 (Compact)
Summaries of and citations to decisions regarding education law can be found in Volume 37A, Schools.

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 School Laws and Rules KF 4105 .U55
Compilation of federal statutes from the United States Code and U.S. government agency regulations from the Code of Federal Regulations.

Federal Education Laws and Regulations on CD-ROM KF 4105.99 .F43
Electronic Access Only: CD-ROM available at the Circulation Desk
Updated every year, Federal Education Laws and Regulations on CD-ROM provides fully-searchable access to all the statutes in Title 20 of USCS and federal regulations from Title 34 of CFR. Includes a cross-reference table linking related USCS and CFR material.

United States Code Annotated Title 20, Education; Title 42, Public Health and Welfare
Electronic Access Only: On the law library computers, using Westlaw Next.

United States Code Service KF 62 .L38T26 (Compact)
Title 20, Education; Title 42, Public Health and Welfare

B) Regulations

The U.S. Department of Education promulgates most of the regulations implementing federal education policy, and they are codified in Title 34 of the Code of Federal Regulations.

Code of Federal Regulations KF70 .A3 (Compact)
Title 34, Education, contains the current federal education regulations.
Electronic Access: On the law library computers using HeinOnline and from the U.S. Government Printing Office at http://www.gpo.gov/fdsys/pkg/CFR-2011-title20-vol1/pdf/CFR-2011-title20-vol1.pdf.

Federal Register
Regulations are first published in the Federal Register as proposed regulations, which allow for a public comment period before the regulations become final.
Electronic Access Only: On the law library computers using HeinOnline and from the U.S. Government Printing Office at http://tinyurl.com/Search-Federal-Register.

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.

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.

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.

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