Considerable education legislation is passed in both the United States of America and Australia, and other nations, to govern educational activities at state and federal levels. In the US, educational challenges proliferate in the courts and students and parents seek for appropriate educational provision or compensation. In Australia, while actions are not common, a considerable case law on a range of matters is in existence, and is growing. This article examines these contexts to argue that education law should be recognised as
a legal field, and that judicial determinations should recognise parameters of education law in decisionmaking