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Many school leaders have had some exposure to education law, either through graduate coursework or professional development. However, the law is very dynamic, and the kinds of questions they face evolve over the course of their careers. An opportunity to revisit the nuts and bolts of education law can empower principals to research and analyze real-world issues that emerge in their everyday practice. To that end, in this article we provide a brief review and refresher on the legal system and resources for legal research. Some concepts may be new to readers and others may sound familiar. Of course, conducting independent research is not intended to replace the legal advice of your school district’s counsel. On the contrary, legal research skills can equip school leaders with foundational knowledge to maximize the effectiveness of collaborations with legal counsel
(Lewis & Heiser, 2023).

A Review of the Legal System

Key Principles and Concepts
Separation of Powers (and branches of government): The federal government consists of three branches: executive, judicial, and legislative. This “checks and balances” system is designed to keep any one branch of government from exercising the powers of another branch and, therefore, from getting too powerful (Legal Information Institute, n.d.-b). The legislative branch includes both chambers of Congress—the House of Representatives and the Senate, which work together to pass federal laws. The executive branch includes the President of the United States and administrative agencies, such as the U.S. Department of Education; the role of this branch is to carry out and enforce laws. The judicial branch includes all federal courts; its role is to interpret the laws and ensure their constitutionality. This same structure of executive, judicial, and legislative authority is present in one form or another across states. Most states have codified separation of powers in their constitutions (National Conference of State Legislatures, 2025).

Federalism: Power in the U.S. is divided between the federal government and state (or commonwealth) governments. Both types of government have their own spheres of authority. This system was established to balance the need for central control and the interest in self-governance and local control. In the U.S., the federal and state governments retain separate authority over certain issues; specifically, the U.S. Constitution enumerates the powers of the federal government; what isn’t delegated to the federal government is “reserved to the people” or the states (Library of Congress, n.d.). For example, interstate commerce is a federal issue. So are questions concerning free speech because of the First Amendment of the U.S. Constitution. States, on the other hand, address issues such as marriage licenses and driver’s licenses. Some issues, such as taxation, are shared by both the federal and state governments. When there is a conflict between federal and state laws, the U.S. Constitution and federal laws are supreme, based on the “supremacy clause” of the U.S. Constitution (Legal Information Institute, n.d.-a).

Precedent (Stare Decisis): The U.S. operates a dual court system involving federal and state courts. Federal courts have limited jurisdiction, which is determined by the U.S. Constitution or federal statutes. Cases before these courts include U.S. constitutional matters and cases in which the U.S. government is a party. There are federal district courts, appeals courts, and the U.S. Supreme Court. State courts have general jurisdiction, which is broad and includes criminal law, family law, and personal injury law as well as state constitutional law. Although names can vary, in most states, there are trial courts, an appellate court, and the state supreme court.

The principle of stare decisis states that courts should follow similar prior decisions. There are two kinds of precedents. First is binding precedent, also called mandatory authority, which involves courts in the same jurisdiction. For example, a district court in Indiana must follow the precedent set by the federal circuit (appeals) court that covers Indiana. The second kind of precedent is called persuasive precedent or non-mandatory authority, which involves cases outside the jurisdiction. If persuaded, a federal court (district or circuit) can consider the precedent established by a case in federal court in another jurisdiction, but it is not obligated to. For example, a district court in Pennsylvania may choose to follow the precedent established in the Indiana case but is not required to. Each of these key concepts has an impact on the everyday rights and responsibilities of educational leaders.

Law in the Educational Context
Principals’ work is circumscribed by the law. Because education is not directly addressed in the U.S. Constitution, education primarily falls under the purview of the states. State constitutions identify general state obligations regarding education (Education Commission of the States, 2016). For example, a state constitution may address the duty to fund public schools or the quality of education that the state must provide. State statutes delineate additional details to fulfill these obligations. To illustrate, state statutes may address curriculum mandates, teacher or administrator certification requirements, or student discipline parameters that school districts must follow. State education agencies are responsible for filling in the gray areas in legislation, through formal rulemaking processes or issuing guidance. State courts interpret state constitutions, legislation, and executive orders related to education, such as school vouchers, curricular opt-outs, and student rights.

Federal sources of legal authority mirror states (the U.S. Constitution, federal legislation, and administrative rulemaking or guidance). Although education is largely up to the states, there are important areas where the federal government has a significant interest in education. For example, the U.S. Department of Education’s Office for Civil Rights is responsible for enforcing federal civil rights laws (Lewis & Achampong, 2024), including through the issuance of Dear Colleague Letters, which serve as interpretations or clarifications of agency rules (Lewis et al., 2019). Moreover, the president can release executive orders that direct the operations of an executive agency. Federal courts also analyze and interpret the meaning of federal law such as the Individuals with Disabilities Education Act or the bounds of school district authority related to the First Amendment.

Resources for Practice
School leaders may find themselves in a situation where they want to search for legal resources to familiarize themselves with a specific court case or to learn more about an area of law. While some legal databases are hidden behind a paywall, Google Scholar provides a free option to search for cases. Using this search engine, leaders can conduct searches using either case names or keywords. Once a case is identified, it is also possible to access cases citing this case. For example, if you search for Brown v. Board of Education, you can click on the case itself or click on cases citing Brown v. Board of Education. Within this search, you can also filter by jurisdiction or year, if, for example, you are looking for cases from 2025 or decisions issued by a specific court.

For updates in education law, there are a number of resources to consider. Here, we provide an
illustrative list:

•  National School Boards Association Legal Clips: nsba.org/resources/legal-clips. This service provides summaries of emerging cases that might interest educational leaders nationally.

•  SCOTUSblog: scotusblog.com. This website offers timely insight into a wide range of cases before the Supreme Court, including education cases.

•  Library of Congress research guides: guides.loc.gov/law-library. The library also provides help with legal research on state, federal, foreign, and international law.

•  Legal Information Institute: law.cornell.edu. This resource provides access to primary sources, including case law and state legislative materials; it also offers original content, including educational materials and a legal dictionary and encyclopedia.

•  Justia: justia.com. This site offers access to federal cases and the U.S. Code.

•  Education Week Court Cases: edweek.org/court-cases. This news source summarizes important court cases related to education.

•  The Brookings Institution: brookings.edu/topics/education-policy. This resource contextualizes and analyzes legal and policy issues and the implications.

•  American Association of Law Libraries:
aallnet.org/advocacy/government-relations/online-legal-information. This site is a collection of free online primary materials, organized by state. It also includes information on state and local public law libraries.

Maria M. Lewis, JD, PhD, is an associate professor of education at Pennsylvania State University. She teaches courses on education law and leadership for equity, diversity, and inclusion. Catherine L. Matthews, JD, PhD, is the assistant director of talent and organization development at Indiana University, where she teaches a course in legal research.

References

Education Commission of the States (2016). 50-state review: Constitutional obligations for public education. ecs.org/wp-content/uploads/2016-Constitutional-obligations-for-public-education-1.pdf

Legal Information Institute (n.d.-a). Federalism. law.cornell.edu/wex/federalism

Legal Information Institute (n.d.-b). Separation of powers. law.cornell.edu/wex/separation_of_powers

Legal Information Institute (n.d.-c). Stare decisis. law.cornell.edu/wex/stare_decisis

Lewis, M. M., & Achampong, G. (2024, December). Practical insight into a civil rights complaint. Principal Leadership. nassp.org/publication/principal-leadership/volume-25-2024-2025/principal-leadership-december-2024/legal-matters-december-2024

Lewis, M. M., & Heiser, J. (2023, September). Working with attorneys to navigate gray areas in the law. Principal Leadership. nassp.org/publication/principal-leadership/volume-24-2023-2024/principal-leadership-september-2023/legal-matters-september-2023

Lewis, M. M., Garces, L. M., & Frankenberg, E. (2019). A comprehensive and practical approach to policy guidance: The Office for Civil Rights’ role in education during the Obama administration.
Educational Researcher, 48(1), 51–60. doi.org/10.3102/0013189X18801549

Library of Congress. (n.d.). Introduction.7.3 Federalism and the Constitution. constitution.congress.gov/browse/essay/intro.7-3/ALDE_00000032

National Conference of State Legislatures. (2025). Separation of powers: An overview. ncsl.org/about-state-legislatures/separation-of-powers-an-overview