Education Law: A Comprehensive Guide to Title Ix Ferpa and the Idea

75 questions on education law, answered and cited by the UpLaw editorial team.

• Can an accused student sue a university over a Title IX proceeding?
• Can a parent sue a school for a FERPA violation?
• Can a school discipline a student for off-campus social media posts?
• Can a school refuse to disclose information by citing FERPA?
• Can a school strip-search a student?
• Can parents get an independent educational evaluation at public expense?
• Can parents recover attorney's fees and expert fees in an IDEA case?
• Can schools drug-test students without suspicion?
• Does peer grading violate FERPA?
• Does Title IX apply to NIL payments to college athletes?
• Does Title IX cover gender identity and sexual orientation?
• Does Title IX reach off-campus sexual assault?
• Do IDEA discipline protections apply to a student who has not yet been found eligible?
• Do the same Fourth Amendment rules apply when a school resource officer conducts the search?
• How did Perez change special education litigation strategy?
• How did private lawsuits under Title IX become possible?
• How does an IDEA due process hearing work?
• How does FERPA apply to ed-tech vendors and cloud platforms?
• How does the IDEA limit discipline of students with disabilities?
• How do IDEA discipline rules interact with ordinary due process in school discipline?
• How far does Title IX's coverage reach?
• How is Title IX compliance measured in athletics?
• How much of school law is actually federal law?
• How should a school design a Title IX grievance process that survives regulatory change?
• If FERPA has no private remedy, why do FERPA violations still matter?
• Is cross-examination required in campus Title IX proceedings?
• Is there a constitutional right to academic freedom?
• Is there a federal constitutional right to an education?
• What are the IDEA evaluation timelines and requirements?
• What are the recurring traps in Title IX athletics compliance?
• What are the two enforcement tracks for federal education statutes?
• What counts as an “education record” under FERPA?
• What did Board of Education v. Rowley establish?
• What did Endrew F. change in practice?
• What did Perez v. Sturgis Public Schools decide?
• What did SFFA hold about race-conscious college admissions?
• What does “effectively barred access” mean in a Title IX peer-harassment case?
• What does least restrictive environment require?
• What does the IDEA guarantee?
• What does Title VI prohibit, and what are its limits?
• What does Title VI require for English-language learners?
• What due process is required before a public university expels a student?
• What is a manifestation determination review?
• What is child find under the IDEA?
• What is directory information under FERPA?
• What is predetermination in an IEP meeting, and why is it a violation?
• What is prior written notice under the IDEA?
• What is stay-put under the IDEA?
• What is the correct method for answering an education law question?
• What is the difference between a Section 504 plan and an IEP?
• What is the Endrew F. standard for a free appropriate public education?
• What is the FERPA health-or-safety emergency exception?
• What is the Gebser standard for school liability for employee harassment of a student?
• What is the recurring cause of education law liability?
• What is the standard for searching a student at school?
• What is the ten-day letter and why does it matter?
• What is the tuition reimbursement trilogy under the IDEA?
• What LRE tests do the circuits apply?
• What must an IEP contain?
• What must a plaintiff prove for peer sexual harassment under Title IX?
• What process is due before a school suspends a student?
• What remedies are available when a school denies a free appropriate public education?
• What rights does FERPA give parents and students?
• When can a public school punish student speech?
• When can a school disclose student records without consent?
• When can a school remove a student with a disability regardless of manifestation?
• When is offering a 504 plan instead of an IEP a mistake?
• When must a disability claim against a school exhaust IDEA procedures?
• Who bears the burden of proof in an IDEA due process hearing?
• Who is eligible for special education under the IDEA?
• Who must be on the IEP team?
• Why are Title VII instincts wrong in a Title IX case?
• Why does Cummings v. Premier Rehab matter so much in education cases?
• Why does the Spending Clause structure of education statutes limit the available remedies?
• Why do the Title IX regulations keep changing?