Education Law Resource Guide
Introduction |
Cases |
Introduction
Because legal issues related to education may involve any of a number of areas of law and legal research (torts, constitutional law, etc.) the researcher is encouraged to start with a secondary source - book, article, ALR, etc., and then follow annotations to statutory law and court decisions.
Please contact your Law Library Research Services librarians during their scheduled hours, or via email to research.services@law.csuohio.edu for assistance in locating/using these or other resources to meet your needs.
Treatises and Practice Guides
As education law encompasses such a wide range of concepts and issues, you will find both comprehensive and narrowly focused mutli-volume treatises, as well as many one or two volume works and hornbooks. Search Scholar under headings such as Charter schools -- United States, Educational vouchers -- Law and legislation -- United States, Religion in the public schools -- Law and legislation, or Special education -- Law and legislation.
Browse the stacks in the library at call numbers KF4101 - KF4257 in the Atrium, A066 and Reference areas. For Ohio materials, try KFO390 in Reference and the Ohio room.
In Westlaw, you'll find education law treatises and practice guides at All Databases > Topical Materials by Area of Practice > Education; in Lexis, follow the trail Legal > Area of Law - By Topic > Education Law.
General Treatises
- The Law of Higher Education, 4th ed. / William A. Kaplin & Barbara A. Lee KF4225 .K36 2006
- Education Law / James A. Rapp 7 vols. An excellent, comprehensive current looseleaf set. Start with Index in Vol. 7. KF 4119 .R36 LexisNexis - EDULAW
- Education Law / Charles J. Russo and Ralph D. Mawdsley Current. KF 4119 .E276
- American Public School Law, 5th ed. / Kern Alexander, M. David Alexander KF 4118 .A39 2001
- Education Law: An Essential Guide for Attorneys, Teachers, Administrators, Parents and Students / Ralph M. Gerstein and Lois Gerstein / KF 4119 .G47 2004
- Education Law: First Amendment, Due Process and Discrimination Litigation (2004-date),Ronna Greff Schneider, available in Westlaw(EDULAW), KF4119 .S358 2004
- Law in the Schools, 6th ed. / William D. Valente and Christina M. Valente KF 4119 .V28 2005
- PLI's . . . Annual School Law Institute Current. KF 4119 .A2 P54
- Legal Problems of Religious and Private Schools, 5th ed. / Ralph D. Mawdsley KF 4124 .M38 2006
- Public School Law: Teachers’ and Students’ Rights, 5th ed. / Nelda H. Cambron-McCabe, Martha M. McCarthy, Stephen B. Thomas KF 4119 .M38 2004
- Teachers and the Law, 6th ed. / Louis Fischer et al. KF 4175 .Z9 F55 2003
Ohio Law Treatises
- Anderson's Ohio School Law / Kimball H. Carey, 3 vol. set. Reserve Room KFO 390 B342
LexisNexis (requires a Law password) - Anderson's Ohio School Law Guide - Baldwin's Ohio School Law, rev. ed., 2 vol. bound set. Includes selected forms at the end of chapters. Reserve Room KFO 390 .B3 2003 (Westlaw - OHSCHL)
- Ohio School Law Paperback with similar text to Baldwin's Ohio School Law, Rev. Ed., but without the forms. Reference, Reserve, and Ohio Room KFO 390 .L48
- Ohio School Finance : A Practitioner's Guide, 4th ed. / Richard E. Maxwell and Scott R. Sweetland / Reference KFO 390 .O55 2008; LexisNexis - Anderson's Ohio School Finance
Special Education Law Treatises
- Disability Matters: Legal and Pedagogical Issues of Disability in Education / Paul T. Jaeger and Cynthia Ann Bowman / Bergin and Garvey, 2002. KF 4210 .J34 2002
- The Law of Special Education, 2nd ed. / Margaret C. Jasper / KF 4209.3 .Z9 J37 2004
- Special Education Law: Cases and Materials / Mark C. Weber, Ralph Mawdsley, and Sarah Redfield /
KF 4209.3 .A7 W43 2004 - Special Education Law: Statutes and Regulations / Mark C. Weber, Ralph Mawdsley, and Sarah Redfield KF 4209.3 .W43 2005
- What Do I Do When . . . The Answer Book on Special Education Law, 4th ed. / John W. Norlin and Susan KF 4209.3 .Z9 G67 2005
- Cause of Action for Violation of the Individuals with Disabilities Education Act of 2004 (IDEIA) [20 U.S.C.A. §§ 1400 et seq.] / Sarah Kaltsounis, 37 COA2d (Causes of Action 2d) 447 Ref KF 8863 .S532
- Special Education Law Monthly
- Education of the Handicapped : Laws, Legislative Histories, and Administrative Documents / compiled by Bernard D. Reams, Jr. / 55 vols. KF 4210 .A25 1982
- A Legislative History of the Individuals with Disabilities Education Act : Public Law 101-476 as amended by Public Law 102-119 / [compiled] by Bernard D. Reams, Jr / KF 4210 .A316 A15 1994
Statutes
Ohio
The Ohio Revised Code's Title 33 contains the laws passed by the Ohio General Assembly relating to Education matters, however other sections of the ORC may also be important to education law.
For annotated versions of the ORC, see the Code from either of the two major publishers of the Code:
- Baldwin's Ohio Revised Code Annotated (print) / Reference, Reserve, Ohio Room KFO 30 1953 .A4 (Westlaw - OH-ST-ANN )
- Page's Ohio Revised Code Annotated (print) / Reference, Ohio Room KFO 30 1953 .P3. Lexis(OH-Page's Ohio Revised Code) ; LexisNexis Academic : Page's Ohio Revised Code
Other sources for Ohio legislative materials include:
- Ohio Revised Code (LAWriter - from State of Ohio website - unannotated)
- Ohio General Assembly website - for tracking legislation
- Ohio Capitol Connection -Click on Search to search text of acts OR Click on Legislation>Bills Enacted for a list of Acts. 1989-current
- The Ohio Inter-University Council lists current Ohio Higher Education Related Legislation
U.S. (Federal)
The United States Code's Title 20 relates to education matters, however other sections of the USC may also be important to education law. If you are researching the legislative history of an education statute, see our Legislative History Research Guide.
Selected federal laws include:
- No Child Left Behind Act of 2001 (P.L. 107-110) http://www.ed.gov/policy/elsec/leg/esea02/index.html
- Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
- Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485
- Individuals with Disabilities Education Improvement Act, 108 Public Law 446 (2004)
- Title IX of the 1972 Education Amendments, 20 U.S.C. § 1681 et seq.
- McKinney-Vento Homeless Assistance Act of 1987, as amended, Title VII, Subtitle B; 42 U.S.C. 11431-11435 (reauthorized as McKinney-Vento Homeless Education Assistance Improvements Act in the No Child Left Behind Act.) U.S. Dept. of Ed. Links to law and regs.
Finding the USC and Federal Education Laws:
- United States Code Annotated (U.S.C.A.) Reference or 2nd Level KF 62.5 .W45 . WestLaw: USCA (annotated) USC (unannotated)
- United States Code Service (U.S.C.S.) Reference KF 62 .L38 . LexisNexis: United States Code Service: Code, Const, Rules,
- United States Code Service (via LexisNexis Academic)
- United States Code (Via GPO Access) Unannotated.
- Compilation of Federal Education Laws (From the U.S. House of Representatives Committee on Education and the Workforce)
- U.S. Code Collection from Legal Information Institute (LII)
Regulations
Ohio
For detailed information on regulations in Ohio, see Ohio Administrative Code and Rulemaking Procedure. The sources below will help you get started with your Ohio regulations research.
- Ohio Administrative Code KFO 34.5 .O35
- Ohio Administrative Code (LAWriter - from State of Ohio website)
- Ohio Administrative Code (via LexisNexis Academic)
- Ohio Monthly Record (print) / West 1977 - ) KFO 35 .A23 O35
Updates the Ohio Administrative Code - Register of Ohio Westlaw - OH-ADC
For notice of Ohio rule-making.
Federal
For detailed information on federal regulations research, see Federal Administrative Law Materials & Resources. The sources below will help you get started with your federal regulations research.
- Code of Federal Regulations (via GPO Access); In print Reference Area KF 70 .A3
- CFR via LexisNexis Academic; HeinOnline (1938-current versions)
- Federal Register (via GPO Access) - Daily. Proposed and final Regulations; notices. Print current year: Reference Area KF70 .A2 - FR via LexisNexis Academic
Cases
For a thorough listing of general caselaw sources on the web, see Case Law - Legal Research on the Web or How to Read a Legal Citation . On LexisNexis, follow Area of Law - By Topic > Education Law > Find Cases. On Westlaw, navigate to Directory > Topical Practice Areas > Education > Federal Cases or State Cases. On LexisNexis Academic, select By Area of Law and choose Education Law.
Specialty education reporters:
- West's Education Law Reporter Atrium Level KF 4110 .A2 W47
Education-related court cases from the various sets of court reports (F.Supp., N.E.2d, etc.) and commentary/articles in each volume (check table of contents.) There is a Digest at the end of the set. - Special education case citations with the abbreviation IDELR are found in the Individuals with Disabilities Education Law Report (IDELR) / LRP Publications, 1979 - . A title at the University Library, 1st Floor Reference. KF 4210 .A6 E38
Study Aids
The Law of Schools, Students, and Teachers in a Nutshell KF4119.3 .A43 2009
Journal Articles / Current Awareness Services
See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.
For interdisciplinary journal articles, see the Schwartz Library's Education Subject Portal. Databases available from this page include Education Full Text, Education Research Complete, and ERIC.
Specialized Education Law Journals
- Brigham Young University Education and Law Journal, 1997 - .Law Library print: K 2 .R44 HeinOnline - LexisNexis Academic, 1996 -
- Journal of College and University Law, 1973 - . Law Library print: K 10 .O835
- Journal of Law and Education, Vol. 1 (1972) - Law Library print: K 10 .O873 HeinOnline - LexisNexis Academic
Current Awareness Resources and Blogs
- The Chronicle of Higher Education A major current awareness title for the higher education community.
- Special Education Law Blog An attorney-written blog covering a wide range of special education topics.
- Ohio Education Law Blog An attorney-written blog for state and federal education law updates that relate to education law in Ohio.
- The School Law Blog Written by a contributing editor for Education Week, this blog covers news and analysis on legal developments affecting schools, educators, and parents.
Other Resources
- From the U.S. Department of Education, you can access materials such as:
- Office of Hearings and Appeals (OHA), which provides independent forums for the fair, impartial, equitable, and timely resolution of disputes involving the U.S. Department of Education and recipients of federal education funds.
- Education Statistics
- Guidance and policy documents on the American Recovery and Reinvestment Act, No Child Left Behind, and other topics.
- National Center for Education Statistics (NCES)
- Ohio Department of Education
- Ohio Legal Rights Service
Ohio ’s Protection and Advocacy Agency for Adults and Children with Disabilities.
- SERB (Ohio State Employee Relations Board) See also Official Reporter, SERB [KFO331 .A6 O43], Ohio Public Employee Reporter [KFO332.8 .P77 03]; on Westlaw see Ohio State Employment Relations Board Decisions [OHLB-ADMIN] and Ohio Public Employee Reporter [
OH-PER]; Lexis -
Ohio Public Employee Reporter
- Ohio Board of Regents
- Ohio School Boards Association
- Ohio Capitol Connection: Today in ... Education and Today in ... Higher Education
- The State of Public School Integration - Find desegregation cases applicable to particular school districts, desegregation statistics and information on the Brown v. Bd. of Education case.
- Campus Legal Information Clearinghouse Collaborative effort between the American Council on Education and the Catholic University of America, The Office of General Counsel. Federal regulatory compliance issues in higher education: “Affirmative Action, ADA Compliance, Copyright, Employment, Environment, FERPA, Gramm-Leach-Bliley, Harassment, Immigration, Religion Issues, Research & Patents, Student Life Issues, IDEA Scholarships, Campus Security, Tax.” Includes a Compliance Calendar.
- Criminal Justice Resources – School Safety and Violence (Michigan State University Libraries)
MR 4/25/07; revised 12/18/09 (aeb)