Education Law in the 21st Century

While it is not an area of law in which a great many cases are undertaken, the cases and issues that end up arising and being litigated in the education law area tends to prove to be very significant. This has been the history of education law and remains the reality in this day and age. Through this article you are provided an overview of some of the more significant and transitory issues associated with education law in this day and age.

A good many of the cases that have arisen in the education law arena have centered on equal access to educational opportunities based upon issues pertaining to ethnicity, race, sex and religion. Some of the most significant issues pertaining to education law have involved access to educational experiences by people of minority races. Of course, the most significant case in this regard actually was handed down by the Supreme Court of the United States in 1959. The case of Brown vs. Board of Education brought an end to the concept of “separate but equal”, which guided educational systems across the United States.

Although the Brown case was handed down by the Supreme Court many years ago, there remain issues that still arise when it comes to making sure that minority students have an appropriate access to educational opportunities in the country. For example, many school districts became embroiled in cases involving the busing of students to achieve racial equality when it came to educational systems, only in recent times have attendant issues been resolved.

Some of the newer issues and cases involving race, sex and related issues and education law have centered on access to scholarships and other educational financing opportunities. There are still cases that arise in which a contention is made that certain financing options are not fully available to all individuals.

Most recently, many of the cases involving education law issues have involved individuals with physical or other types of impairments. The goal in regard to these cases is to work to ensure that educational opportunities are made regularly and fully available to people no matter their physical status. (Related cases also center on individuals who have some sort of intellectual or mental health issue as well.)

Finally, another active area in education law in this day and age involves public school financing. First of all, there are cases that center upon working to ensure that all public school systems in a particular state are fairly funded. Second, there are cases and issues that focus upon the funding of private school educational experiences. Legislative leaders have also found themselves involved in developing new laws to attempt to deal with these two types of issues in more recent years – a trend that is expected to carry forth into the future.

There remain lawyers in business today who are specializing in education law. More often than not these attorneys are most frequently involved in ensuring that people have an even and equal access to appropriate and meaningful educational opportunities.

Making Sure No Child is Left Behind – Education Law Degree

While I do not have a law degree, working in education has allowed me to cross paths with education lawyers on numerous occasions. I found the issues they deal with on a daily basis to be both noble and challenging.

What is Education Law?

Education law deals with schools, school systems and school boards charged with educating children. It is a branch of civil law that encompasses the laws and regulations that govern federal and state education, administration and operation of educational institutions, school athletics and education programs, methods and materials.

What do Education Lawyers do?

Education lawyers work very closely with school faculty, staff, students and administration. They spend their time going over issues such as discipline, suspension, expulsion and discrimination based on race, color, national origin, sex and disability. Additionally, education lawyer’s deal with questions related to school attendance, authority, civil rights, dress codes, drugs, disability, home schooling, immigrant visas, medical requirements, sexual harassment, and special education rights. As you can see, the span of topics coming across the desk of an education lawyer is impressive.

Careers in Education Law

Given that the span of topic covered by this area of the law is quite broad, so are the career opportunities. With an education law degree you could represent post-secondary educational institutions and institutions of higher learning in a number of different matters. Your clients could include a number of colleges, universities as well as school districts.

While representing these education institutions you would work on issues involving discrimination, disability, financial aid, and accreditation and licensing issues facing schools, staff and teachers/professors. Additionally, you could represent individuals, parents or students as well as teachers, professor and school employees on similar issues.

Job Outlook

Education law, and the lawyers that practice it, will continue to be a part of the education system. They are a necessity tasked with ensuring that every student has a fair and equal access to education.

According to the Department of Labor Statistics, employment of lawyers is expected to grow 11% during 2006-2016, about as fast as the average for all occupations. The increased demands for legal services will result in increased job opportunities. However, due to a large number of students graduating from law school, competition for jobs is quite intense. Those with strong academic records will have the best job opportunities.

6 Parenting Tips on Special Education Law and Transportation

Are you the parent of a child with autism or a physical disability that needs transportation? Do you wonder what the Individuals with Disabilities Education Act (IDEA) states is the schools responsibility, to provide transportation for your child? This article will discuss what IDEA requires as far as transportation for your child with a disability. Also discussed are parenting tips that you can use, to help your child receive this important service.

Under IDEA transportation is considered a related service. A related service is transportation, developmental, corrective, and other services. . .as may be required to assist a child with a disability to benefit from special education. . .
What this means is that if your child requires transportation in order to benefit from their education, special education personnel are required to provide it.

Parenting Tips:

1. When advocating for your child, remember that; transportation not only means to and from school, but also in and around the school building, and any specialized equipment required by your child.

2. Section 504 of the Rehabilitation Act prevents discrimination on the basis of disability. The law reads: No qualified student shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any . . .transportation. . .or activity.

For Example: Your child with a physical disability is not allowed to go on a field trip, because the class cannot get the wheelchair bus. This would be a section 504 complaint, because your child is being discriminated against, on the basis of their disability. I have dealt with this situation, and the school district usually quickly fixes the transportation problem, if you tell them that you may file a Section 504 complaint. Section 504 is covered by the Office of Civil Rights in Washington, though each state has at least one office.

3. If your child requires an assistant in the classroom then you may be able to get a bus assistant, if your child’s disability requires it. The goal of transportation as a related service is to provide safe access to education. So if your child needs a bus assistant in order to get safely to school, school personnel are required to provide it.

4. If your school district is not providing needed transportation for your child, you can be reimbursed, for providing the transportation yourself. Make sure that your child’s IEP, states that they need transportation as a related service, and that you will be reimbursed.

A district may also be required to reimburse parents where:

A. Transportation is needed to provide FAPE and the district fails to meet its obligation.
B. The district doesn’t recognize the need for transportation.
C. The district makes inadequate provisions for transportation.

5. If your child’s extracurricular activity is related to their IEP goals and objectives, then transportation must be given. For Example: If your child has autism and needs to work on social skills, they can gain that from extra curricular activities. In that case transportation needs to be given by your school district.

6. School districts are not allowed to shorten your child’s school day due to transportation. Unfortunately it happens all the time, and you may have to stand up to special education personnel for the good of your child.

IDEA gives children with disabilities equal educational opportunity, which means a full school day. I have often said that if parents of children without disabilities found out there child was to leave school early for transportation, they would be outraged. But parents of special needs children are supposed to accept it. Do not accept it, stand up for your child.

This article has given you a lot of good information about transportation, that you can use to benefit your child’s education.