Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education.

The Federal Government also has an interest in education. The National Institute of Education was created to improve education in the United States.

Education is administered through the public school system by the Department of Education. The states, therefore, have primary responsibility for the maintenance and operation of public schools.

Education lawyers deal with any facility with the responsibility of educating children. Education attorneys deal with and enforce the rules of who is able to get an education and in what environment are they allowed access to it, who is allowed in public schools, who is responsible for children with disabilities, what power does the school district have, what rights do school teachers have, is home schooling a child legal, and multiple other situations that come up on the subject of education.

Families with children who have disabilities at times need help with representation in getting their child the education he or she deserves in a safe and secure environment. Some education lawyers have been teachers themselves and understand the importance of an educational environment for everyone.

Some education attorneys provide services to educational institutions in the form of legal advice for education plans, enforcement of rules pertaining to drugs and tobacco, and guidelines for implementing new policies for the betterment of school systems. These attorneys also go to court to uphold policies that are being fought against by parents and their children.