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Education

Education Law Overview

Education law governs students, teachers, administrators, school board members and school districts. Education law affects schools, colleges and universities, concerning issues such as discrimination, special education, student athlete eligibility, student safety, tuition disputes and religion in schools.

Education is a government function, and although the public school system is administered and monitored by the Department of Education, the states have primary responsibility for the maintenance and operation of public schools. Each state is required by the state's constitution to provide a school system so that all children have the opportunity to receive an education.

Parents also have a right to direct the education of their children, including the right to choose a private school, which are regulated by states, but to a lesser degree.

Education and Constitutional Law

There are a number of areas where the education system and constitutional law intersect. The issues generally focus on the First, Fourth and Fifth Amendments of the United States Constitution.

First Amendment issues in Education Law a concern student’s right to free speech and expression while at school, as well as the role of religion in public schools such as school prayer and religious teaching in public schools.

The Fourth Amendment concerns personal rights, liberties and concerns that arise during searches of student property.

The Fifth Amendment states that no person shall be deprived of life, liberty or property without due process of the law. In Education Law, Fifth Amendment concerns include employment disputes and issues about student suspension and expulsion.

The No Child Left Behind Act (NCLB)

NCLB is a federal law that aims to expand the federal role in public schools through curriculum change reform. NCLB uses means such as annual standardized testing, target goals for student progress, state report cards and specific teacher qualifications to encourage students to improve academic performance. The act increases the standards of accountability for states, school districts and schools. It also provides parents with more flexibility in choosing the schools their children will attend.

Equal Education Opportunities Act

The Equal Education Opportunities Act prohibits the denial of equal educational opportunities for students and provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex or national origin.

The act prohibits certain discriminatory conduct including segregation on the basis of race or color, as well as discrimination against faculty and staff. The policy behind the act is to guarantee that each child enrolled in a public school, regardless of background or location, receives an adequate education.

The Individuals with Disabilities Education Act (IDEA)

IDEA is a federal law that requires States and local education agencies to provide children with disabilities with free and equal access to the education system. Special education law is governed mainly by IDEA. The Department of Education has primary responsibility for enforcing IDEA.

The act entitles the children to be placed in an individualized education plans in an environment where they will be able to succeed. The act requires that public schools provide necessary educational accommodations to children with disabilities. Most states also have laws that are equivalent to the Act.

Contacting An Education Lawyer

Issues concerning your right or the right of your child to receive a fair and adequate education can often be complicated. An education lawyer may help you to make the legal decisions to ensure your right to receive a proper education.

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