Schools & Education Law

Schools &

Education Law

Education lawyers deal with many different legal issues pertaining to schools ranging from kindergarten to higher education. Although the Department of Education funds schools and also regulates them to a certain extent, each state has its own system and every school district has unique procedures.

Education lawyers may deal with disability accommodation issues, school discipline issues, bullying and harassment questions, and more. Who you work for mainly determines what area within education you will be focusing on. For example, if you work with a local school district you are more likely to focus on a school’s student discipline than if you are working for an advocacy group trying to reform the educational system.

Education law touches on a variety of different issues related to raising the next generation of educated Americans, anywhere from a state’s curriculum standards to the intersection with constitutional law when it comes to school prayer.

A website you can visit to learn more is the Education Law Association (ELA).

Title IX, the Individuals Disabilities Education Act (IDEA), and the Every Student Succeeds Act (ESSA) are all important parts of education law. Start by reading about these; if they interest you, continue reading below.

Education and Background:

While a background in education is not necessary, it is a plus. There are plenty of other opportunities while in law school that allow you to demonstrate your interest in education law, however. In addition to taking education law classes, joining extracurriculars that help children or schools is an excellent way to express your passion for education.

The Alliance for Excellent Education is a national non-profit organization that aims to make every child a high school graduate prepared for success. You can join their Action Academy to expand your knowledge and communicate with others about education issues.

The U.S. Department of Education Office for Civil Rights has internships available for undergraduate students and law students. The Office of the General Counsel for the DOE also has a legal internship program.

Getting a job:

• Working for a non-profit in education can be very fulfilling. You will likely work directly with clients and you will get to address a variety of education law issues. The salary is usually lower than a government agency or private firm lawyer earns, however. Non-profits that may be hiring education lawyers include children’s law centers. Another non-profit is the Center for Law and Education.
• Law firms of all sizes represent parents and students or work with school districts and higher education institutions. Lawyers working for private law firms in education law usually make fairly high salaries.
• In the government, there are opportunities with the United States Department of Education in the General Counsel’s Office or the Office for Civil Rights. There are also attorneys at the DOJ Civil Rights Division who may address education law issues related to discrimination. Education law attorneys can work in state departments of education or for a school district general counsel’s office as well.

Would you like this practice area?

You should be an excellent communicator and good at working with others. The stronger you are at building interpersonal relationships, the better. You will often be asked to problem-solve in situations involving emotional, frustrated, and difficult people.

Consider whether these articles interest you:

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says (Weiss)

“A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled. The 8th U.S. Circuit Court of Appeals at St. Louis tossed the suit filed on behalf of the second grader referred to as “K.W.P.” in the Aug. 1 opinion. Education Week and Slate have coverage noted by How Appealing. The 8th Circuit said the Kansas City, Missouri, police officer and school principal were entitled to qualified immunity because they didn’t violate K.W.P.’s right to be free from unreasonable seizure and excessive force. Chief Judge Lavenski Smith, an appointee of President George W. Bush, wrote the opinion.” Read more

Students of color with disabilities are being pushed into the school-to-prison pipeline, study finds (Laird)

“Exclusionary discipline practices in K-12 schools—suspension, expulsion and other disciplinary actions that take a student away from the classroom—raise the chances that a student will repeat a grade, drop out or end up in the criminal justice system. And students of color who have disabilities are disproportionately likely to face that kind of discipline.

That was part of the findings of a new report released Tuesday from the U.S. Commission on Civil Rights…” Read more

Defending All-Male Education: A New Cultural Moment For a Renewed Debate (Webb)

“Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option.” Read more

Conclusion:

If you have a passion for improving the education of the next generation and are good at working with others, education law might be for you.

Securities Law

The Securities Act of 1933 and the Securities Act of 1934 are complex and often difficult for businesses to navigate. It is the job of a securities lawyer to help clients navigate these and other complicated federal and state regulations concerning securities.

Securities lawyers may be involved in the transactional component of the issuance of securities, which are investments in a business. These lawyers negotiate terms and agreements and prepare documents. A public offering of a security requires a disclosure statement with the SEC whereas a private offering only requires a private disclosure statement to be distributed to potential investors. Public offerings also usually require extensive SEC review. The Securities Acts of 1933 and 1934 have many requirements about what reports are necessary. Thus, securities lawyers could be involved with the regulatory component of securities. Sometimes there are lawsuits against the issuer of a security for fraud, a mishandled investment, or for misleading investors during the investment process. In this case, securities lawyers may be involved with the litigation component of securities law. Many broker agreements contain arbitration clauses, so there is sometimes a limited ability to go to court.

These three sub-areas (transactional, regulatory, and litigation) mean that there are a wide variety of job opportunities available within the area of law. Securities lawyers often advise corporations, small businesses, and brokerage houses or represent investors. Some securities lawyers work for the government.

In recent year, securities law has received more attention due to large scandals which harmed shareholders and investors. Securities law is intended to reduce the extent of this harm, and securities lawyers play an important role in protecting investors. The SEC notes that it, “does not evaluate the merits of securities offerings, or determine whether the securities offered are “good” investments or appropriate for a particular type of investor” (“Federal Securities Laws”).

Education and Background:

You should have a business background and an interest in business to pursue this area of law. Finance, accounting, tax, or a general business background all could be useful to understand the complicated concepts involved in securities law. Doing something with the stock market, whether that is an extracurricular, job, or internship, can also be a valuable way to learn more about this area.

The Financial Industry Regulatory Authority (FINRA) has a fantastic internship program. You do not have to be enrolled in law school yet to apply, and the internships are paid. The internships are offered in several cities and in a wide variety of specialties including finance, human resources, and technology. Here is what FINRA says about their program:

“FINRA’s Corporate Internship Program—a paid 12-week program—offers practical “hands-on” experience with the largest self-regulatory organization for securities firms doing business in the United States. Our program offers interns opportunities to build their careers—and supplement what they’ve learned in the classroom—by meeting and working with employees throughout our organization” (FINRA).

To learn more, visit their internship page.

FINRA also offers legal externships. For more information, visit their career page.

The SEC offers paid internships in the Pathways Intern Program and Chair’s Attorney Honors Program and unpaid positions through the Student Honors Program.

The CFTC also has an internship program.

Getting a job:

The ABA has a section on Securities Litigation to join.

One of the most important things to know about getting a job in securities law is that New York and D.C. are “hotspots” for the practice area. While there certainly are opportunities with law firms in cities across the country, the constant involvement with the SEC means that D.C. the ideal place to operate.

In addition to working for law firms (usually large firms), some securities lawyers work for the government. Many securities lawyers choose to try both options over the course of their career. Some of the government positions available are with FINRA, the SEC, the U.S. Commodity Futures Trading Commission, and with state securities regulators who enforce “blue sky” laws.

Market activity impacts the amount of securities law cases and thus the number of job opportunities available. Where you get a job may depend a lot on what internship opportunities you took advantage of. If you think you want to work for the SEC upon graduation, make sure you get an internship with the SEC while you are in school.

Average salary:

Securities law is a very profitable area to work in. The Bureau of Labor Statistics reported an average salary of $192,530 in 2015 (“Securities Lawyer: Job Description and Education Requirements”).

Would you like this practice area?

You need to be comfortable with the technical aspects of securities law, which is why a business background that allows you to already be familiar with investing is particularly useful. You also need to be organized to coordinate production of all of the documents that are required. Without a genuine interest in financial markets, you will not succeed as a securities lawyer. Because cases are often long and complex, patience and attention to detail are key.

Consider whether these articles interest you:

SEC Charges Securities Lawyer and Microcap Agent with Fraud (SEC Press Release 2019-130)

“The Securities and Exchange Commission today charged an Arizona-based attorney and a Missouri-based agent of microcap shell companies with securities fraud and registration violations. According to the SEC’s complaint, from February 2015 to April 2017, attorney William Scott Lawler engaged in schemes to fraudulently transfer control over the shares of two publicly-traded shell companies to his client.” Read more

Former SeaWorld corporate lawyer pleads guilty to insider trading (Weiss)

“A former corporate lawyer for SeaWorld has pleaded guilty to one count of insider trading for buying company stock last summer after learning of yet-to-be-announced increases in attendance and revenue.” Read more

Securities Settlements in the Shadows (Velikonja)

“The Dodd-Frank Act authorized the Securities and Exchange Commission (“SEC”) to bring almost any enforcement action in an administrative proceeding.1 Before Dodd-Frank, the SEC could secure civil fines against registered broker-dealers and investment advisers in administrative proceedings, but had to sue in court non-registered firms and individuals, including public companies and executives charged with accounting fraud, or traders charged with insider trading violations. After the Dodd-Frank amendment, save for a few remedies that can only be obtained in court, the SEC can choose the forum in which it prosecutes enforcement actions.” Read more

Conclusion:

If you enjoy finance and want complex cases, this might be a good area of law for you.