Introduction
Law students and lawyers possess a unique ability to improve educational outcomes for all students. When discussing education law, students often wish to know what professional opportunities exist in the field. Education law may involve representing children to ensure that they receive access to education, or it may involve focusing on the narrower field of special education law. Alternately, lawyers may work for school districts and deal with issues such as school governance, student records, collective bargaining, and student discipline. Lawyers at non-profits and advocacy groups may also focus on broader policy issues relating to educational reform via legislative and advocacy work. Finally, lawyers may work in the educational field not as lawyers per se but as individuals who seek to change education using their legal skills in school governance or reform initiatives.
This Guide will provide answers to some of your questions about Education Law and serve as a roadmap for your career in education law. Some lawyers work in traditional legal environments while others utilize their legal training in non-traditional settings. This Guide provides practical information on practice settings, content areas, and finding a job, including Fellowships. In addition, it contains personal narratives intended to offer windows into the lives of lawyers in the field. Readers may also use this guide in conjunction with the Harvard Law School Specialty Guide to Children’s Rights.
Practice Settings
When working in education law, you may practice in a variety of settings. This section describes and provides general information on three distinct practice settings.
Non-Profit Organizations
These organizations may provide individual case representation, while others may use impact litigation and legislative advocacy to effect changes in education policy. In a non-profit organization, attorneys may have any of the following responsibilities: educating community groups about their rights, coordinating grassroots community organizing, facilitating the passage of legislation, supervising paralegals in case preparation, giving technical assistance to clients via phone conversations, or representing clients in administrative and court hearings. There are often excellent opportunities to work directly with clients on a variety of education law issues ranging from discipline to special education to student and teacher legal rights. Working as members of legal teams or coalitions is generally a part of a non-profit attorney’s work in the education field.
These organizations rely on a combination of government funding, foundation support via grants, or fee for service. There is generally a core team of attorneys who manage the organization and who may or may not handle caseloads or direct legislative activity. In addition to the core group, funding allows for specific initiatives via the hiring of attorneys to initiate or direct new projects relating to education law such as education reform, juvenile justice and education linkage, or examining the relationship between minority status and special education.
The advantages of working in a non-profit organization are that you will be able to work directly with clients in many organizations. In addition, you may be provided more immediate responsibility to handle your own cases and initiatives. Finally, you will be surrounded by attorneys who are deeply committed to education law, and you can receive the full benefit of their depth of knowledge. The disadvantages are that you will likely earn a lower salary than a private firm or a government agency, and, due to the sometimes fluctuating funding for non-profits, such positions may initially be project driven.
Government
At the federal, state, and local levels, opportunities exist for lawyers to work in education law. Attorneys in the United States Department of Education’s General Counsel’s Office provide guidance to agency employees, draft statutes and regulations, and consult with state departments of education and schools on diverse issues relating to education. In addition, at the Department of Education’s Office for Civil Rights (OCR), attorneys investigate allegations of discrimination based on race, gender, disability, etc. in schools. In addition, OCR provides information, resources, and technical assistance to its constituents on laws relating to education and discrimination. Attorneys in Department of Justice’s Civil Rights Division litigate cases involving education law in the context of enforcing civil rights issues relating to discrimination, Title IX, or special education.
At the state level, attorneys serve in general counsels’ offices at state departments of education, where they perform work similar to their counterparts at the federal level. However, attorneys at the state level tend to provide more technical assistance directly to school districts and district employees. In addition, the general counsels’ offices may serve more directly as in-house counsels for agency staff, with a focus on both education law issues as well as matters relating to school district and department personnel, contracts, etc. Education issues at the state level may include topics such as education reform legislation, educational policy initiation and implementation, collective bargaining, teacher licensure, and special education.
In addition, attorneys may serve as mediators and administrative law judges at the state level. For example, special education matters often require dispute resolution mechanisms to adjudicate disputes between parents and school districts. Due to the number of these disputes that arise in each state, the federal special education statute requires each state to maintain a system of mediators and administrative law judges, many of whom are attorneys. Attorneys may also serve as arbitrators and administrative law judges in the context of collective bargaining disputes relating to discipline of teachers.
At the local level, attorneys may work in a school district’s general counsel’s office. In these offices, attorneys provide direct guidance to district personnel around a variety of issues ranging from student and teacher rights to contract negotiations to constitutional law issues to the implementation of both federal and state statutes.
The advantages of government agency employment include generally excellent supervision and training which allows attorneys the opportunity to learn the law in a supportive environment. In addition, agency positions offer a likelihood of job security as well as a competitive salary and benefits.
Private Firms
Private firms involved in education law range from small firms with a handful of attorneys to larger corporate firms with an education law practice group. These firms may represent students and parents or may work with school districts, independent schools, and institutions of higher education. The type of work done by a private firm varies depending on the relationship of the firm to the client. Firms that represent students and parents may litigate against school districts on issues relating to school discipline or entitlement to special education services.
Conversely, firms that represent districts may defend cases brought by parents both individually and collectively. Some firms also function like an outside in-house counsel for districts and provide staff training and technical assistance on a range of topics such as contracts, student discipline cases, and personnel matters. Finally, firms representing educational institutions help their clients navigate regulatory requirements that relate to monitoring by government agencies or accreditation issues.
The advantages of private firm work include direct client contact, a potentially superior salary, an efficient office environment with appropriate support services, and generally good supervision and training. The disadvantages of firm work may include the need to determine whether to represent a client based on the client’s ability to pay for the services as well as the need to track billable hours.
Issue Areas
Education law offers a variety of opportunities to work with issues that overlap with areas such as children’s law, administrative law, health law, and employment law. This section is designed to provide you with a brief overview of some of the primary issues that education law attorneys work within the context of their practice setting. As with any legal issue involving children, recognize that all of these issues may tend to overlap for those who practice education law.
Student Safety and Discipline
Whether working on behalf of students and parents or representing a school district, an issue that arises frequently is maintaining safe school environments. In light of deaths, threats and serious incidents in schools, school authorities are increasingly vigilant about safety. As a result, attorneys are involved in writing and interpreting provisions relating to discipline in school handbooks.
Based on handbook language and applicable state law, school personnel may suspend or expel a student. With zero tolerance statutes in most states, an expulsion can mean lifetime exclusion from education. Attorneys must, therefore, carefully examine due process protections to ensure that proper procedures are followed. Attorneys representing students may need to gather evidence, coordinate evaluations, attend administrative hearings, negotiate settlements, or appeal to state court for relief. In addition, there may be overlaps with special education law which adds another layer of complexity to any disciplinary proceeding.
In the arena of policy work, attorneys may lobby at the federal or state level for increased refinement, expansion, or restriction of disciplinary language in statutes and policies. Finally, attorneys may be involved in studying and tracking school discipline data to help better inform any reform efforts relating to discipline. For example, data analysis relating to the “school to prison pipeline” helps to reveal systemic gaps and drive legislative reform where school discipline policies, such as zero-tolerance, lead to criminalization, instead of education, of students.
Civil Rights
Civil rights of both students and teachers are a frequent topic for attorneys in education law. Attorneys must be familiar with, and provide advice about, issues as diverse as free speech in a school setting, freedom of religion, or testing for substance abuse. Searches of student backpacks, lockers, vehicles etc. also involve interpretation of constitutional law.
Another civil rights issue that arises in the education law arena is discrimination. Discrimination may occur at any level of educational programming ranging from elementary school through graduate school. Discrimination may be based on race, gender, national origin, disability, age, or sexual orientation. For example, students may require accommodations for a learning disability or may be the subject of harassment based on their minority status or gender.
For attorneys, these cases can involve interpreting both federal and state law. Attorneys may provide basic advice to their institutional clients or to individual clients who believe they have been subject to discrimination or another civil rights violation. Often, attorneys can negotiate settlements to remedy the situation, but attorneys may also need to initiate administrative or court proceedings to achieve fair treatment. Attorneys who work for government agencies may be involved in drafting policies and regulations and may also coordinate investigations into alleged civil rights violations.
Education Reform
Many law students and lawyers are interested in education reform. Education reform is a policy driven initiative where attorneys help shape legislation and policy designed to improve public education in the United States.
Often, the forces used to drive school reform are litigation, legislation and policy. Attorneys pursue class action lawsuits in an effort to spur action, and this litigation often results in reallocation of financial resources so that state funding is more equitably distributed among districts in a state. Attorneys also draft legislation at the state and federal level in response to litigation or in an effort to redefine educational standards, graduation requirements, or teacher licensure. Attorneys who work in federal and state offices of education may, in turn, interpret legislation to develop policies and implement legislative reform goals.
One of the common issues in education reform is the emphasis on national and statewide assessments to measure progress and to determine if children will earn a high school diploma or if individual public schools are providing an appropriate quality of education. In this context, attorneys may serve as advocates for children to ensure that tests are fair in both content and administration or attorneys may work on behalf of districts or the government to ensure that appropriate protocols are developed and followed. Another current example of education reform relates to issues around bullying and harassment, whether in person or via technology. In response to increasingly violent incidents and outcomes, lawyers may represent children who are subjected to bullying and harassment, or they may represent a school district defending itself from charges of allowing bullying and harassment to occur. In addition, attorneys may draft legislation to curb bullying and harassment, or they may help districts draft policies to address bullying and harassment within a district.
Another issue in education reform is the development of alternatives to traditional public schools. As such, attorneys may become involved in the formation of charter schools, magnet schools, or pilot schools. Attorneys may serve in non-traditional legal capacities as they lead the development of these schools, or they may serve as counsel for these alternative programs. Finally, attorneys may craft legislation or policies to both develop and govern the charter school movement as well as policies relating to the use of school vouchers.
School Governance
Attorneys who represent school districts, independent schools, or institutions of higher education may deal with issues of school governance. In this context, attorneys provide advice and guidance on issues such as employment, finance, liability, or student records. In the employment arena, attorneys may need to draft or interpret collective bargaining agreements, handle discrimination claims, represent the institution in teacher discipline cases, or negotiate settlement agreements. School finance may require a unique set of legal skills relating to interpretation of financial reporting and accounting requirements or analysis of tax codes.
Traditional principles of liability may also arise for attorneys involved in school governance. Attorneys may need to provide advice to prevent liability or represent institutional clients when allegations arise in the operations of school activities. Finally, issues relating to school records arise frequently when involved in school governance. Attorneys will be expected to understand, interpret, and provide clear advice on the Family Educational Rights and Privacy Act, the Health Information Privacy & Protection Act, and applicable state laws. For example, questions arise around student access to records, a divorced parent’s access to records, the interface between medical and school records, or third party access to records.
Special Education
Special education represents a complex and constantly evolving issue for attorneys involved in education law. In some instances, attorneys occasionally handle special education matters while other attorneys and firms focus solely on special education representation for either students or on behalf of school districts. Attorneys must know the federal Individuals with Disabilities Education Act as well as Section 504 of the Rehabilitation Act and the Americans with Disabilities Act Amendments. In addition, each state has its own unique statutes and policies relating to special education.
Attorneys representing students or school districts will often become involved in a case when parents and the school district simply can no longer work together effectively, and a fundamental dispute arises. In this context, the attorney must evaluate a case, arrange for or assess educational testing, and begin negotiations with the other party. Federal and state law provides elaborate dispute resolution options ranging from team meetings to mediation to prehearing conferences to administrative hearings. Consequently, an attorney must use an array of legal skills, including negotiation, drafting, and litigation skills. Attorneys must also be prepared to litigate a case into the state or federal appellate levels and to assess the impact of federal attorney fees legislation as a case unfolds. Issues that commonly arise in special education include disputes about discipline of special education students, discrimination under Section 504 or the ADAA, eligibility for services, the level of services necessary, or the placement options necessary for a student to receive an appropriate education in the least restrictive setting.
Finding a Job
As research for this guide, more than twenty leading attorneys working in both legal and non-legal capacities in the education world were interviewed. Each was asked, “What advice would you give to law students contemplating a career in education law” and “What characteristics are important when screening applicants for internships or jobs?” The following advice distills their suggestions.
Make Your Law School Experience Relevant
Take full advantage of your law school options to show an interest in education law. Take education law classes, children’s law classes, family law classes, or education classes at other Harvard programs. Enroll in clinical programs that provide exposure and experience in children’s law, special education law, or education law. Choose your internships wisely in order to obtain key experience, references, and building blocks for a long-term career in education law. Join extracurricular activities that display an interest in children, schools, or education in general. Conduct research on education law for a professor to show an in-depth understanding of specific issues relating to education law. Consider a joint degree program that combines your interest in law and education. Any combination of the above suggestions signal to an employer that you are serious about a career in education law.
Display a Commitment to Public Interest Work in General
As with other public interest issues, employers in the education law field look for a commitment to performing broad based public interest work. Employers will look beyond just involvement in education law issues or positions to whether you have displayed interest and initiative in other public interest arenas. In addition, employers want to know if you will be in public interest for the “long haul” as opposed to just dabbling in the area for a short period of time. Remember, education law employers are investing time and effort when they hire and train you. As a result, a demonstrated commitment to the public interest world in general can be a key variable.
Assess Your Background in Education
A common question asked by law students is “Do I need to have an education background” to secure an education law position. The concise answer is that it certainly helps to have some background in the field. A common theme among employers is that it can be important for a lawyer to understand the educator’s point of view when representing clients or pursuing education reform. As a result, experience as a teacher or work in educational policy can be an asset when seeking an education law position. However, the lack of an education background can be offset by other variables such as a broad public interest background in other issues or strong legal and interpersonal skills.
Prepare for an Interview
Before discussing an internship or position with an employer, you must do your homework. This advice holds true for any position in any field, but it seems to carry particular significance for education law employers. As a result, view websites, read other students’ evaluations, and dig a little deeper to learn about the organization’s or firm’s work in specific education law arenas or cases. Due diligence, or a lack of due diligence, can make a significant impression on an employer.
Highlight Your Intangibles
Beyond pure academic and legal experience, employers look for key variables such as the ability to work well with others and to use interpersonal skills to achieve goals. Education law invariably involves intense interaction with constituents such as students, teachers, administrators, parents, and perhaps members of the legislature. As a result, employers need to know if you can work successfully with others to find solutions. Demonstrate your ability through strong references from past employers or from professors who have observed you working with other students on projects. In addition, be passionate about your interest in education law. Demonstrate your passion by highlighting your background, your course selection, or your internships.
Practical Thoughts from HLS Graduates
As noted earlier, over twenty HLS Alumni provided personal insights for this Guide. Their following specific comments are offered to enhance your understanding of education law and the mechanics of seeking a position.
- “I found clinics and summer public interest opportunities very helpful, particularly those where there was one on one client interaction. This helped me understand the reality of the clients I would be working with and the challenges that they were facing.”
- “Join education organizations undergrad and in law school and look for summer opportunities that allow you to build your resume in the education area.”
- “The best way to prepare is to educate yourself around the edges – learn about the criminal justice system and how it works, learn about the regulatory structure of education, learn about different models of lawyering – think deeply about what kind of lawyer you want to be and who you want to work with.”
- “The best way into [education law] is through public interest fellowship opportunities, so students should be considering these opportunities early in law school. One really significant advantage of being at HLS is that there is a wealth of support for students seeking public interest fellowships.”
- “Try to stay connected to national organizations that are working on education reform, either by signing up for their listservs or by setting a calendar reminder to check their websites for new information and resources on a regular basis.”
- “Ask contacts in the field what kinds of experiences helped prepare them to be an effective attorney or advocate early on in their career.”
- “One thing that people in law school often overlook is that they can find jobs representing school districts, either as in-house counsel (in big cities like Boston) or through small, private firms.”
- “As much as you may want to dive right into policy work, most employers will look for a candidate who has direct service or on-the-ground experience before considering an applicant. If policy work is your goal and you do not have such experience, think about the kinds of jobs you can take after law school to fill in that gap.”
- “If you don’t have an education background but are interested in education reform work, don’t be discouraged. Show how your background relates to education work and that you are a quick study.”
- “Finding mentors is really important. Harvard alumni who are doing this work are a great resource.”
Personal Narratives
These narratives were collected over the course of a number of years and reflect the work of the attorney at the time of their narrative. As a result, some of the attorneys below have changed positions since the publication of their narrative.
Education Law at HLS
Clinics at HLS
Cross Registration at HLS
As an HLS student, one of the unrivaled benefits is the access you have to courses and faculty members in the other Harvard Schools. Students interested in Education Law have the opportunity to cross-register for credits at the Harvard Graduate School of Education or Kennedy School of Government. Both Harvard schools have classes related to education law, education policy, and more.
Extracurricular Activities
Extracurricular activities can be an excellent way to meet others who are interested in education and education law while gaining practical experience in the field. Here is a listing of the legal and non-legal education organizations at Harvard Law School and the Harvard Graduate School of Education. Additionally, students at Harvard Law School have the opportunity to volunteer at a number of community organizations (listed below) throughout the academic year.
For more information on student organizations and volunteer opportunities, please visit: HLS Office of Community Engagement, Equity, and Belonging and GSE Office of Student Affairs.
Selected Fellowships
Following graduation, many students interested in pursuing public interest law complete a fellowship. For more information about the fellowship process, please consult the Insider’s Guide to Writing a Successful Fellowship Application. The list below contains a number of fellowships relevant to students interested in education law.
Fellowship Spotlights
Selected Organizations
Organization descriptions feature excerpts from each organization’s website.
Selected Resources
- American Bar Center on Children and the Law
- Center for Law and Education
- Cornell Law School Legal Information Institute
- Education Law Association
- Education Law Center
- Education Law Review
- HG.org Guide to Education Law
- Justia Education Law Overview
- National School Boards Association: Careers in School Law
- U.S. Department of Education
Acknowledgements
Written by: Dan Ahearn, Attorney Advisor & Tori Powers, Summer Fellow