Education law is the body of law dealing with schools and other academic institutions in the United States. In the same way that education is primarily a state function, education law is primarily done at the state level as well.
At a business level, education law is primarily a concern when you are a business dealing with schools or colleges, such as a textbook publisher, or you offer educational benefits to your employees, such as tuition. Of course, if you run a business you are also concerned with taxes, particularly property taxes, which in most states is the primary vehicle for funding education.
Here are the things you need to know about law in education:
1. At the federal level, education law primarily concerns itself with discrimination and ensuring that all students are given equal opportunity to receive an education. If you offer tuition to employees, it's important to ensure you do not discriminate in this benefit.
2. States tend to concern themselves with funding and licensing issues. Taxes for education are left up to the states.
3. If you work with an educational institution, be aware that most state and many private institutions have varying and sometimes complicated contractual requirements.
Action Steps
The best contacts and resources to help you get it done
Understand what parts of Education Law apply to you
Education law varies state by state. Know where you can find the education law information that applies to you.
I recommend: The most comprehensive source of education laws, state and federal, on the web can be found at
MegaLaw.com. This website gives you everything you could want: state education statutes, federal education statutes, links to state department of education, government agencies and education law websites. Cornell University Law School also offers good information on its
Legal Information Institute site. If you are interested in special education law,
Wrightslaw is a great place to go for information.
Know where to find educational attorneys
Laws in education can be complex. If involved with an education law case, working with an education lawyer or an education law firm is essential.
I recommend: LawInfo has a listing of education law firms and educational attorneys in all fifty states, along with a brief explanation on when you should consult an education lawyer. If you are interested in not just education lawyers but ones that work with special education law,
Lawyers.com offers a listing of attorneys dealing with this area.
Know how contracts and grants to educational institutions work
If you're dealing with educational institutions in a business sense, get a knowledge of how the grant and contracting process works.
I recommend: On its
ED.gov site, the U.S. Department of Education supplies good information about the grants and contracts it gives out yearly, including $1.5 billion to private business. The computer and software firm
NEC Display Solutions has a section showing sample contracts with a variety of states.
Tips & Tactics
Helpful advice for making the most of this Guide
- When dealing with education law, remember it is mostly state based. State resources should be consulted first.
- Whether they're public or private, when dealing with educational institutions keep in mind that they are subject to different laws than other businesses or institutions.
- Education law can be complicated. An educational lawyer or education law firm should be used when possible.
The official source of Education Law is the Education Law page at Business.com
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