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Education Law

This guide is an overview of the resources on Education Law which are available at the Charleston School of Law and on the Internet.

Federal Administrative Decisions

The Secretary of the Department of Education adjudicates certain legal issues. Those Decisions of the Secretary are issued as part of the Department of Education's decision-making through administrative adjudication. Typically, those Decisions constitute final agency decisions, paving the way for appeal to federal court.

Decisions of the Secretary (1989 - ongoing)

Decisions Issued by the Office of Hearings and Appeals (OHA)

  • Office of Higher Education Appeals - The Office of Higher Education Appeals hears cases arising under Title IV of the Higher Education Act of 1965, as amended (HEA). These cases include actions initiated by the U.S. Department of Education to terminate the eligibility of institutions to participate in the Title IV, HEA programs; actions to fine institutions; emergency actions to immediately suspend funding of such institutions; and actions to debar certain individuals from participating in various programs government-wide.
  • Office of Administrative Law Judges - Adjudicates cases that involve Federal impact aid, civil rights, recovery of funds, and general matters delegated by the Secretary of Education
  • Civil Rights Reviewing Authority - Supervises administrative hearings, and reviews and issues decisions for administrative appeals that fall under the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of1972 and Section 504 of the Rehabilitation Act of 1973.
  •  Alternative Dispute Resolution Center - Set up to oversee an informal process that resolves U.S. Department of Education employee and job applicant disputes, work related complaints, and disagreements. The organization maintains an internal database of complaints/grievances that is not accessible to the public.

 

 

Lexis Case Law and Agency Decisions

Westlaw and WestlawNext Cases and Agency Decisions

  • Federal Education - Cases   
    Cases from the U.S. Supreme Court, courts of appeals, district courts, bankruptcy courts, Court of Federal Claims, Tax Court, military courts, and related federal and territorial courts that relate to all levels of public and private education. Coverage begins with 1789.
  • Multistate Education Cases  
    Cases from the state courts of all 50 states and the District of Columbia that relate to all levels of public and private education. Coverage varies by state.
  • U.S. Department of Education Documents  
    Opinions and orders from the United States Department of Education, Office of Hearings and Appeals, including decisions of the Education Appeals Board and Civil Rights Reviewing Authority. Coverage begins with 1987. Browse recent documents or search all Department of Education Decisions.
  • West's Education Law Reporter  
    Also available in print, Call Number KF4110.A2 W47