Zero Tolerance Policies
Many schools have strict zero-tolerance policies intended to keep learners safe from offenses related to violence and drugs. Unfortunately, while well-intended, these policies have unintended and negative consequences.
Discrimination
First, zero-tolerance policies disparately impact minorities and those with disabilities. According to the National Council of State Legislatures, African-American students represent almost half of prekindergarten suspensions, despite only 18 percent of enrollment. Furthermore, disabled learners are twice as likely to be suspended. Finally, while boys make up just over 50 percent of lear in preschool, nearly 80 percent of suspended students are male.
Suspension and Expulsion
Suspensions, even for minor offenses, impact the offending student. Their academic performance suffers, and future attendance goes down.
Expulsions cause more severe consequences. They have long-lasting impacts on the ability to pursue further education, and those expelled run afoul of the law more frequently.
The Role of the Education Attorney in Zero-Tolerance Policies
The education lawyer represents a suspended or expelled student by doing the following:
- Ensuring the due process is followed.
- Gathering evidence and negotiating settlements.
- Attending administrative hearings and filing petitions for judicial review.
On a broader level, education attorneys can lobby school districts and state governments for better refinement of zero-tolerance policies and laws.
Federal Civil Rights in Education
Since the 1960s, the federal government has passed many laws aimed at preventing discrimination in education. These include:
- Title VI of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Equal Opportunities Act of 1974
- Individuals with Disabilities Education Act of 1975
- Title II of the Americans with Disabilities Act of 1990
Title VI, at 42 U.S.C. section 2000d et seq., provides:
“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
This applies to the many universities and secondary schools that receive federal money. In Barnes v. Gorman, 536 U.S. 181 (2002), the Supreme Court held that Section 601 of this Act gives individuals a private right of action. Note that under this law from 1964, gender is not a protected class.
Title IX of the Education Amendments of 1972
This law extended discrimination protection to gender. With some exceptions, it
provides that:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
This legislation provides for a private right of action.
Equal Opportunities Act of 1974
This law extends discrimination protection to educational faculty and staff. It also targets students’ racial segregation and requires schools to break down barriers to equal participation.
Title II of the Americans with Disabilities Act of 1990
This law extends protections to the disabled in services that state and local governments provide. There is no requirement that the state and local services receive federal financial assistance. ADA allows private rights of action.
Enforcement of Civil Rights in Education
Many federal agencies enforce civil rights laws related to education. These include the United States Departments of Education and Justice.
Department of Education
This agency serves students that face discrimination from schools receiving Department of Education funding through its Office for Civil Rights (OCR). The mission of OCR is “to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.”
Those who have been discriminated against may file a complaint with OCR. The procedure is as follows:
- Timeliness. You must file the complaint no more than 180 days after the last discriminatory conduct.
- Internal Remedies. The complainant is encouraged to resolve their grievances through the educational institution’s internal dispute resolution process.
- Retaliation. The educational institution may not retaliate against a student who files a complaint with OCR.
Department of Justice (DOJ)
The Civil Rights Division (CRD) of DOJ “works to uphold the civil and constitutional rights of all Americans,” and this includes rights in education. This division represents the government's interests when administrative proceedings (such as at OCR) appeal to federal court.
CRD’s role in this encompasses:
- Investigations. Upon receipt of information that a civil right in education has been violated, CRD initiates an investigation.
- Civil Proceedings. If the investigation warrants, the Assistant Attorney General for CRD authorizes a complaint in the U.S. district court.
- Intervention. CRD may intervene in educational discrimination cases of “general public importance.”
Employment Opportunities for the Education Lawyer with the Federal Government
The education attorney can work for federal agencies that enforce education discrimination laws, such as the Departments of Education and Justice. They investigate violations, engage in settlement discussions, seek administrative remedies, or resort to federal court to enforce education law.
Employment Opportunities in Private Practice
As an education lawyer in private practice, the lawyer can be retained by a school district or university to defend them in the enforcement actions taken by the federal government. This involves working with the agencies in a conciliatory role (e.g., settlement discussions) and adversarial role (administrative or court proceedings).
Alternatively, the education lawyer can represent students or others whose educational rights have been violated. Because of the limited rights of action at the federal level, the attorney may have to turn to state education discrimination laws.
State Civil Rights in Education
The federal government is not the only governmental entity involved in ensuring civil rights in education. The states play a significant role as well and often extend protections beyond their federal counterpart. For example, as a leader in recognizing LGBTQ rights, California enacted the Equal Restroom Access Act. Codified at California Health & Safety Code section 118600, it reads:
“All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage …, and designated for use by no more than one occupant at a time or for family or assisted-use…. For the purposes of this section, “single-user toilet facility” means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.”
In other words, single-use restrooms in California (including schools) are now designated for use by all genders and not specified for male, female, or other.
Education lawyers have similar opportunities at the state level – either working for government agencies enforcing the law or being retained by school districts or universities accused of violating the law.
Opportunities for the Education Lawyer in Education Reform
On a different note, education attorneys can play a role in shaping education through education reform. Tools for this include litigation, legislation, and local policies. The lawyer can file class-action lawsuits to drive change and help draft legislation.
How Do I Become an Education Lawyer?
There are many things an interested person can do to improve their chances of getting a job as an education lawyer.
First, consider an undergraduate degree in education or public policy. Then, make law school classes count—select courses in education law, children’s law, or similar family law subjects. Finally, take advantage of internship programs, which allow the experience to be gained in a specific area of law.
Once you’ve graduated from law school and passed the bar, you have the education and knowledge to be a successful education attorney.
See also:
- Search All Education Attorney Jobs
- Education Attorney Jobs - Related Job Titles
- 25 of the Most Important Facts That Attorneys, Law Students, and Partners Need to Know About Law Firm Politics
- Top 6 Things Attorneys and Law Students Need to Remove from Their Resumes ASAP
- Where Should Education Go on a Lawyer's Resume?
About Harrison Barnes
No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.
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Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations-from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:
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This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.
Proven Success at All Levels
With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:
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He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.
Unmatched Commitment to Attorney Success - The Story of BCG Attorney Search
Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm's unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.
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Harrison's legal career insights are the most widely followed in the profession.
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With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.
A Relentless Commitment to Attorney Success
Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials-he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.
Harrison's work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:
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This level of dedicated support is unmatched in the legal recruiting industry.
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Harrison believes that every attorney-no matter their background, law school, or previous experience-has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.
He has worked with:
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For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist-often in places they never expected.
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About BCG Attorney Search
BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.
Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom
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Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.
Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.
To read more career and life advice articles visit Harrison's personal blog.
