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Like any sector, the field of education has specific legal issues. Providing services to special needs students, free speech rights, approving homeschool curricula, locker searches, cross-town busing, and affirmative action policies are just a few of the reasons why Education Law is recognized as a specific legal subfield. Currently, the legal cases and policies that shape the operation and expectations of the U.S. education system evolve daily and require knowledgeable professionals.

Since our nation's inception, the government has played a role in defining the importance and nature of education. The first federal act relating to education was the Ordinance of 1785. Passed by the Continental Congress, the Ordinance set aside portions of each congressional district for schools. In 1787, Congress passed the Northwest Ordinance that became the first federal policy statement acknowledging the benefit of knowledge and education for the general welfare.

Today, the federal basis for intrusion into matters of education is based on the Constitution. The General Welfare Clause which sates The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the common Defense and general Welfare of the United States (art. I, 8).

However, the Tenth Amendment of the Constitution establishes the legal theory that the states are charged with providing education to its residents. It states, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Degrees in Educational Law will focus on how to apply the law to an ever changing educational landscape.

A Bachelor's degree in Legal Studies is generally the only undergraduate major that may touch on or allow for a coursework in Education Law. Often called a Bachelor's in Professional Studies (BPS), this course of study is designed for pre-law, paralegal studies, and other students seeking a career concentrated in the law. A quality undergraduate program should be accredited by the American Bar Association (ABA). However, this accreditation does not allow the graduate to sit for a bar examination without the requisite formal law degree.

While Constitutional law classes will touch upon education law, there is often no concentration in Education Law at the undergraduate level. Nonetheless, a strong understanding of legal principles will benefit a Masters or law degree program in Education Law.