Curriculum Guide · Courses
The Federal Role in Education Law Seminar
Professor Eloise Pasachoff
J.D. Seminar 1034 | 3 credit hours
What is the appropriate role of the federal government in education law and policy? Providing public education is traditionally understood to be primarily the responsibility of state and local governments. Yet over the course of the last sixty years, each branch of the federal government has taken on an increasingly large role in the regulatory system within which public schools in America operate. For example, Congress has passed laws governing the education of children with disabilities; requiring non-discrimination on the basis of gender, race, and national origin in public schools; and requiring states to create and administer standardized tests to students at regular intervals. The Education Department (itself a relatively new entity) monitors districts’ and states’ compliance with certain civil rights laws and threatens to take federal funds away from non-compliant recipients, while the Department of Justice engages in related litigation. Federal courts, meanwhile, have issued injunctions requiring restructuring of school systems in compliance with federal law. This course will examine these developments from historical, doctrinal, and policy perspectives.
There is no prerequisite for the class, but experience has shown that students might find helpful concurrent or previous enrollment in Constitutional Law II, Administrative Law, and Education Law. Relatedly, because students select paper topics very early in the semester, enrolling with a rough idea for a research project is advised.
THIS COURSE REQUIRES PROFESSOR PERMISSION TO ENROLL. Please submit a statement of interest for the seminar to Professor Pasachoff (Eloise.firstname.lastname@example.org) by Monday, June 1, 2015, explaining why you are interested in the class and any relevant background or experience you have.