Curriculum Guide · Courses

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.

Taking this class provides an opportunity to write a substantial paper on a relevant topic of your choice. While the course focuses on K-12 issues, paper topics relating to any aspect of the federal role in education are welcome. Completing the written work for this class satisfies the J.D. Upperclass Legal Writing Requirement.