Getting Schooled in Education Law

ClassroomWith area schools back in swing, legal professionals know that education and all of its related issues can pose a landmine of legal challenges. From issues that include school funding, security lockdowns, religious expression, and student disability matters, many areas of law are touched upon in a typical school day.   These legal areas can include, but are not limited to contracts, criminal, and constitutional law. Of course, if you are researching a legal issue related to education, you already know that much of education is under state and local control.  Your research will likely require consultation of the applicable Minnesota Statutes, as well as the  Minnesota Administrative Rules for the Minnesota Department of Education.   You might also want to consult the policy manuals of your local school board and minutes of their meetings.   In addition, the State Law Library also provides a handy list of resources specific to education law. We also have local CLE binders as on the subject, as well as some other unique print materials:

  • Special Education and the Law: A Guide for Practitioners (Corwin, 3rd Ed.) by A. Osborne et al. Special education is an area of law impacted by significant court decisions and changing legal developments.  This book can provide a road map to meeting today’s special education requirements. Helpful analysis in specific areas such as IDEA, discipline, parents and students rights, and preventive suggestions on avoiding litigation.  More information is available from the publisher.
  • 2015 Deskbook Encyclopedia of American School Law (Center for Education & Employment Law). Its publisher describes this book  as “a one-stop reference guide that helps you learn how courts are deciding school cases, what the legal issues are and how your colleagues across the country are faring.”  Case summaries are provided in areas covering employment practices, school operations, academic practices, students with disabilities and  more.  This resource is reprinted annually for the most up-to-date coverage.
  • The Principal’s Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal (Corwin, 3rd Ed.) R. Hachiya et alThis book presents information that shows school principals how to address issues including:  student use of technology, zero-tolerance discipline policies, and school safety and violence prevention.  It also includes useful insights for collaboration with other school personnel for addressing these issues.
  •  Education Law: An Essential Guide for Attorneys, Teachers, Administrators, Parents, and Students (Lawyers & Judges Publishing Company, Inc. 2nd Ed.) by  M. Gerstein & L. Gerstein.  This substantial treatise understands how the incidents that arise in school touch on the many areas of law mentioned previously. How do these broad legal practice areas intersect with state and local laws? This broad treatise can be your road map to putting the details of your particular education issue into the right legal framework for your continued research.

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