Education Law

Education law or school law refers to a set of laws governing schools, the students that attend schools, school boards and school districts. At the federal level, the U.S. Department of Education (ED) oversees the functioning and maintenance of public schools in the United States. ED was founded in 1980 with the intent to foster educational excellence throughout the country. Its main objectives are to implement and monitor federal financial aid policies, provide equal access to education and to focus on key educational issues. In turn, each state, bound by its constitution, is responsible for developing and implementing its own educational school system. Many states especially designate a state board of education for this.

A parent has the fundamental right to choose what type of education they want for their child. A parent may choose between public, private or home schooling. Both public and private schools may be regulated by the state, although federal funding is only extended to public schools. States have limited power to regulate private schools because many private schools are part of a religious institution or have religious affiliations. Homeschooling laws vary from state to state, with some requiring registration at the state school board or district level. Many states require yearly progress reports for homeschooled students, while some require modified public school attendance or both.

Education law covers a variety of issues, many of them administrative, specifically dealing with employment and labor. Other laws may deal with curriculum, testing and national standards. There are also controversial issues like prayers in public schools that bring the first amendment into play. The most important laws, however, concern equality in education. The Equal Education Opportunities Act of 1974 was passed to ensure that in every state, each child is equally entitled to educational opportunities, regardless of race, national origin, sex or color. In addition, other acts such as the Individuals with Disabilities Education Act (IDEA) and the No Child Left Behind Act (NCLB), ensure that every child, regardless of special needs or disabilities, gets a high standard education, based on guidelines issued by the federal government.

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