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Education Law

Introduction

The logo of the U.S. Department of EducationThe U.S. Department of Education is the government agency that regulates and enforces most federal education laws and regulations.  You can learn more about the agency on their website.  

Laws

Some of the premier federal laws regarding education are detailed below:

The Equal Education Opportunities Act (EEOA), enacted in 1974, prohibits discrimination based on race, sex, or nationality against faculty and students in schools and commits schools to overcoming barriers that would prevent equitable access to education.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

The Every Student Succeeds Act (ESSA), enacted in 2015, replaced the No Child Left Behind Act of 2001.  ESSA governs public education policy and sets certain standards of teaching that every school must meet, as well as providing guidelines for mandatory standardized testing.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

The Individuals with Disabilities Education Act (IDEA) ensures rights and protections for students with disabilities by authorizing federal grants and funding to accommodate students with disabilities.  IDEA gives the funding for the promised Free Appropriate Public Education that is outlined right below.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

Free Appropriate Public Education (FAPE), which is part of the Rehabilitation Act of 1973, guarantees that a free education will be provided to all students, regardless of any disabilities, and the education will be appropriate to each student, providing accommodations if needed.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student educational records and gives parents of students rights over their children's educational records until the student reaches the age of 18.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.  

The Higher Education Act, enacted in 1965, allocated federal funding for higher education and provided low-interest loans to students in an effort to promote participation in secondary education.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

The McKinney-Vento Homeless Assistance Act protects equal access to free public education for students experiencing homelessness, and it commits all schools to ensure this goal.  Public access to the Act is linked above, and it is also available on Lexis and Westlaw.

If wanting to search for other education laws, most U.S. education laws can be found in either Section 20 (Education) of the U.S. Code.

Public access to the U.S. Code can be found here.  It is also available on Lexis and Westlaw.

Regulations

Most federal education regulations can be found in Title 34 (Education) of the Code of Federal Regulations (CFR).

Public access to Title 34 the CFR is linked above, and it can also be found on Lexis and Westlaw.