A Little on Education Law

So, want to know about education law? Well, its a pretty self-descriptive term of course, but there is actually a whole lot more to it.

Part I

Generally, education law refers to all the system of laws, regulations, court opinions, and policy documents that govern the practice of schooling. Here in the United States that comes from Congress, the federal Department of Education, state legislatures, state education departments, courts at all levels, and local school districts. There are literally hundreds of thousands of pages of law that apply to schools in the U.S.

Now, the practice of education law is sort of referred to differently. For the most part, practicing education law is mostly confined to education law disputes (except for a few large firms that can be said to do education policy work). Not everyone that practices education law is a lawyer, but most are.

Alright, teaching education law is different still. Teaching education law is what the authors of this blog do, and it generally referrs to instruction at the higher education level for future educators or lawyers. There are education law professors in both Colleges of Education and in Colleges of Law. Historically, Colleges of Education have employed more education law specialists, but Colleges of Law are quickly catching on.

Well, all that basic stuff out of the way, I'd actually argue that the real definition of education law should be much broader still. There is no need to get into a long discussion on the definition of law, but conceptualizing it broadly to include the government's articulation of policy to its citizens, then really a great deal of the practice of education is really the practice of education law. When a teacher sets her classroom rules, she is making educational law. When a principal doles out discipline, she is making educational law. When a superintendent changes employment policies, she is making educational law. So, really, there is a whole lot of education law going on all the time, but we just don't recognize it as such.

Part II

But, if you are bothing to take the time to read this page, you probably want to know something more along the lines of "how do I work in education law?" So, let's talk about that because there are lots of jobs in education law, and one of them may be for you.

First, there are (1) education lawyers. This takes a law degree, licensure (passing Bar Exam), and landing a job at a good education law firm or government entity (Office of Civil Rights, State Departments of Education, Local Board Attorneys, University Attorneys). These are sort of in the order of increasingly difficulty. To get into law school, you have to be a good student. To pass the bar, you have to be a good law student. To get a plum job doing education law, you have to be a little exceptional. The honest fact is that there are somewhat limited jobs in educational law practice, because it is so awesome. But, because it is a rewarding legal job that still pays well, everyone wants it, so lots of lawyers with 5-6 years of civil or criminal practice jump out of those jobs into education law firms. So, it can be a little tough, but certainly not impossible. The rewards, though, are very good. Good salary with a real feeling of making a difference in the world. Its an elite job, and that's why people get them and hold onto them. Here are some school law positions to get a sense if they are right for you.

Second, there are (2) education policy folks. This is an interesting area of education law and a little hard to break into because everyone wants to do policy. This does not take a law degree, although having a law degree is certainly a benefit. Certainly the law degree has opened doors for me in the past. But, lots of education policy folks have Master's degrees. That's sort of the entry level degree. The Master's degree can be in public policy, education policy, or other areas, but be sure to go to a school that can help place you into a policy job. And, remember, policy jobs gravitate to where policy is made, ala D.C. and state capitols. So, if you don't want to live in those places, this may not be for you. The great part about education policy jobs is that it is super rewarding. You are literally working for change everyday. The bad part is the pay. Entry level policy jobs can start in the low 30's and work their way up from there. Here are some education policy jobs to get a sense if they are right for you.

Next, there are (3) advocates. Generally when we talk about advocates in education law, we are talking about non-lawyers who represent parents and/or students against the education system. The most prominent area where parent advocates play a role is in the field of special education, where the laws are specifically written to permit parental advocates to assist special education students and parents. Advocacy is sort of field that people get into for a reason, such as having their own special education student. It is tough to make a business of it unless you are in a metro area where there are lots of special education disputes. Here are some guidelines suggested for choosing an advocate, which will give you some additional idea about this position.

And, then there are (4) education law professors. There are more of these than you might think because most major colleges and universities have educational leadership programs where education law classes are taught. Further, more and more law schools are hiring education law specialists. To get these jobs, though, requires either a lot of education or a lot of experience, one or the other. Now-a-days, the preferred method for getting an education law professor position at a young age is the J.D./Ph.D. combo. This takes probably 5-7 years of graduate work, depending on how you complete those degrees. On the other hand, if you have a lot of experience as either a school leader or a school board attorney, you can get adjunct professor positions in school leadership programs.

Finally, there are (5) lots of other positions out there where education law comes into play. These are sort of hard to define, but they are growing as the amount of education law and litigation is growing.