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It is not necessary that all disputes as to school policy should go through the Dept. of Education. You definitely can go to the court if the matter related is about discriminating a certain group of people. Think about the situation that one school has a policy that discourages the admission of Black student. You can take a look at the Bakke case and the two cases about the admission policy of U. of Michigan (one is against its law school and other one is against its undergraduate admission program).