Guide · Education
Education Law: A Comprehensive Guide to Title IX, FERPA, and the IDEA
U.S. Const. art. I, § 8, cl. 1
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-07-18
- Topic
- Education
American education law is built almost entirely on the Spending Clause: Congress does not command schools, it buys their compliance, and that single structural fact explains why the doctrine looks the way it does. This UpLaw guide maps the three federal statutes that dominate the field — Title IX, FERPA, and the Individuals with Disabilities Education Act — together with Title VI, Section 504, and the ADA, and the constitutional law that surrounds them. It traces Title IX from Cannon's implied private right of action through the Gebser and Davis deliberate-indifference standard for damages, explains why the Title IX regulations have swung violently between administrations and how to tell which rule actually governs today, and covers athletics and the unsettled NIL frontier. It then unpacks FERPA's records regime and the enforcement gap Gonzaga v. Doe opened, and walks the IDEA end to end: child find, eligibility, the IEP, least restrictive environment, the Endrew F. substantive standard, due process hearings, stay-put, tuition reimbursement, discipline and manifestation determinations, and the exhaustion rules after Fry and Perez v. Sturgis. Constitutional overlays — Goss due process, Tinker through Mahanoy, T.L.O. searches, and higher-education problems from academic freedom to admissions after SFFA — round out the picture, and throughout the guide flags where federal law stops and state law, which governs most of school governance and varies substantially, takes over. A single fictional district, Cedarbrook Unified, carries a Title IX complaint and an IEP dispute through the same school year to show how the regimes actually collide in practice.
The full text of this document is available to Executive subscribers and above. See plans.