Research Guides: Education: Law

Key U.S. Education Law

The Great Society and the High Tide of Liberalism by Jerome M. Mileur (Editor); Sidney M. Milkis (Editor)
Publication Date: 2005
See the chapter: "Freedom from ignorance? : the Great Society and the evolution of the Elementary and Secondary Education Act of 1965" by Patrick McGuinn.
Education for Children of the Poor: A Study of the Origins and Implementation of the Elementary and Secondary Education Act of 1965 by Julie R. Jeffrey
Publication Date: 1978

Higher Education Act
A summary of the key components and history of the law from The Association of Centers for the Study of Congress.

A History of Bilingual Education in the US by Sarah C. K. Moore
Publication Date: 2021
This book traces a history of bilingual education in the US, unveiling the pervasive role of politics and its influence on integrity of policy implementation. The book includes overlooked details about key leaders and developments that affected programs under the Bilingual Education Act.

Title IX Enforcement Highlights. by U.S. Dept. of Education, Office for Civil Rights
Title IX of the Education Amendments of 1972 is a federal law prohibiting discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds protection applies at all elementary and secondary schools, colleges and universities—public or private—that receive federal financial assistance, and at certain other educational institutions.
Equal Access to Education: Forty Years of Title IX by United States Department of Justice
Passed by Congress on June 23, 1972, Title IX of the Education Amendments of 1972
bars sex discrimination in education programs and activities offered by entities receiving federal
financial assistance

Kids in the Middle: The Micro-Politics of Special Education by Marshall Strax; Carol Strax; Bruce S. Cooper
Publication Date: 2012
This book brings together people with disabilities and others who advocate for their cause with expertise in special education law, administration, severe and profound disabilities, ethics, foundations, finance, teaching, disability rights, and culture.

About IDEA - US Dept. of Education
From the U.S. Dept. of Education, this site presents a summary of the major components and history of the law.

Kids in the Middle by Marshall Strax; Carol Strax; Bruce S. Cooper
Publication Date: 2012
This book brings together people with disabilities and others who advocate for their cause with expertise in special education law, administration, severe and profound disabilities, ethics, foundations, finance, teaching, disability rights, and culture.
Essentials of IDEA for Assessment Professionals by Guy McBride; Ron Dumont; John O. Willis; Alan S. Kaufman (Series edited by); Nadeen L. Kaufman (Series edited by)
Publication Date: 2011
Quickly acquire the practical coverage and guidance you need to understand the Individuals with Disabilities Education Act (IDEA)

No Child Left Behind by William Hayes
Publication Date: 2008
This book is a valuable tool informing the current discussion on the reauthorization of the law. As a result, the reader will be better able to make up his own mind as to the direction we should take as a nation in pursuing the noble objective of ensuring that no child is left behind.
NCLB at the Crossroads by Michael A. Rebell (Editor); Jessica R. Wolff (Editor)
Publication Date: 2009
Provide a range of provocative critiques of No Child Left Behind (NCLB) and considers how to ensure meaningful educational opportunities for all children.
America's Failing Schools by W. James Popham
Publication Date: 2004
Examines the implications for standardized testing, NCLB and its key terms, when a school is labeled "failing," and concrete suggestions for what can be done in response.
An Education in Politics: The Origins and Evolution of No Child Left Behind by Jesse H. Rhodes
Publication Date: 2014
Explains the uneven development of federal involvement in education. While supporters of expanded federal involvement enjoyed some success in bringing new ideas to the federal policy agenda, Rhodes argues, they also encountered stiff resistance from proponents of local control. Built atop existing decentralized policies, new federal reforms raised difficult questions about which level of government bore ultimate responsibility for improving schools. Rhodes's argument focuses on the role played by civil rights activists, business leaders, and education experts in promoting the reforms that would be enacted with federal policies such as NCLB.
Standards-Based Reform and the Poverty Gap by Adam Gamoran (Editor)
ISBN: 0815730349
Publication Date: 2008
The No Child Left Behind Act (NCLB) is the latest in more than two decades of federal efforts to raise educational standards and an even longer stream of initiatives to improve education for poor children. What lessons can we draw from these earlier efforts to help NCLB achieve its goals?
Learning from No Child Left Behind: How and Why the Nation's Most Important but Controversial Education Law Should be Renewed by John E. Chubb
Publication Date: 2009
Presents a convincing case that, despite the controversy it has ignited, NCLB is making a positive difference and should be renewed. The book outlines ten specific lessons and recommendations that identify the strengths and weaknesses of NCLB and offers suggestions for improving the law, building on its current foundation.

Every Student Succeeds Act and Students with Disabilities by National Council on Disability
Publication Date: 2018
This report is part of a five-report series on the Individuals with Disabilities Education Act (IDEA) that examines the Every Student Succeeds Act (ESSA)’s amendments to IDEA, explains their likely impact on students with disabilities as ESSA implementation moves forward, and provides recommendations.

About Every Student Succeeds Act - U.S. Dept. of Education
From the U.S. Dept. of Education, this page presents a summary of the key aspects and history of the law.

Key U.S. Supreme Court Decisions on Education

Buck v. Bell (1927)
Primary Holding: A state could conduct a forced sterilization if a person had been afforded due process.
Brown v. Board of Education of Topeka (1954)
Primary Holding: The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits states from segregating public school students on the basis of race. This marked a reversal of the "separate but equal" doctrine from Plessy v. Ferguson that had permitted separate schools for white and black children provided that the facilities were equal.
Dandrige v. Williams (1970)
Primary Holding: A state can cap welfare based on the Aid to Families with Dependent Children at $250.00 per month regardless of the family's size or need.
San Antonio Independent School DIstrict v. Rodriguez (1973)
Primary Holding: Property taxes may properly be used to fund public schools without violating the Equal Protection Clause.
Milliken v. Bradley (1974)
Primary Holding: School district lines cannot be redrawn for the purpose of combating segregation unless the segregation was the product of discriminatory acts by school districts.
Regents of the University of California v. Bakke (1978)
Primary Holding: A university’s admissions criteria which used race as a definite and exclusive basis for an admission decision violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.
Plyler v. Doe (1982)
Primary Holding: A state cannot prevent children of undocumented immigrants from attending public school unless a substantial state interest is involved.
Kadrmas v. Dickinson Public Schools (1988)
Primary Holding: A North Dakota statute allowing certain public school districts to charge a fee for bus service did not violate the equal protection clause of the Fourteenth Amendment.
Board of Education of Oklahoma City v. Dowell (1991)
Primary Holding: Once a school system demonstrates earnest compliance with an injunction to desegregate, the federal court can consider removing it.
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Primary Holding: Achieving racially balanced school districts does not amount to a compelling government interest that satisfies strict scrutiny.
Endrew F. v. Douglas County School District (2017)
Primary Holding: In order to provide children with disabilities the free appropriate public education guaranteed by under the Individuals with Disabilities Education Act (IDEA), school districts must offer children an Individualized Education Program (IEP) that is reasonably calculated to enable each child to make progress appropriate for that child’s circumstances.
Students for Fair Admissions v. President and Fellows of Harvard College (2023)
Primary Holding: Race-based admissions systems fail to meet the strict scrutiny, non-stereotyping, and termination criteria established by Grutter and Bakke. Specifically, the universities could not demonstrate their compelling interests in a measurable way, failed to avoid racial stereotypes, and did not offer a logical endpoint for when race-based admissions would cease.

Key NYS and NYC Law and Policy

Chancellor's Regulations
The policies established by Chancellor of NYC Dept. of Education for the administration of the school system. They are divided into four sections: student services, budgeting, employment, and parent and community involvment.
NYS Consolidated Education Law

Handbooks

Encyclopedia of Education Law by Charles Russo (Editor)
ISBN: 1452265909
Publication Date: 2008-06-27
The Encyclopedia of Education Law is a compendium of information drawn from the various dimensions of education law that tells its story from a variety of perspectives. The entries cover a number of essential topics, including the following: Key cases in education law, including both case summaries and topical overviews Constitutional issues Key concepts, theories, and legal principles Key statutes Treaties (e.g., the Universal Declaration on Human Rights) Curricular issues Educational equity Governance Rights of students and teachers Technology Biographies Organizations In addition to these broad categories, anchor essays by leading experts in education law provide more detailed examination of selected topics. The Encyclopedia also includes selections from key legal documents such as the Constitution and federal statutes that serve as the primary sources for research on education law.
What You Need to Know about Special Education Law in the Classroom by Beverley H. Johns
ISBN: 1598579711
Publication Date: 2016-06-01
When you're teaching students who have special needs, what are your legal responsibilities? How can you provide appropriate, legally compliant special education services--and avoid pitfalls that could lead to due process hearings and court dates? Turn to this interactive quick guide for concise, accessible answers. The antidote to thick, cumbersome legal volumes, this book gives educators and administrators the basics of special education law in an engaging, easy-to-read format.

Databases

Catalog of U.S. Government Publications
The CGP is the finding tool for federal publications that includes descriptive information for historical and current publications as well as direct links to the full document, when available.
Format: Government Information
Legal Source
Legal Source is the authoritative database for current issues, studies, thoughts, and trends in the legal world.
Nexis Uni
Nexis Uni offers intuitive searching for all levels of research experience, empowering students to Access discipline-focused pages with curated news, featured publications, and relevant court cases for Political Science, Business, and Criminal Justice majors.