Education Law

Education plays a vital role in shaping the future of Americans. Education agencies ensure students receive quality learning. These agencies include boards of education at the local level and the U.S. Department of Education. These bodies collaboratively set and maintain standards across all educational levels.

Teaching children is a big job for our community. Because of this, we have many laws about schools and teaching. These laws try to find a middle ground in many ways. They help ensure kids learn while letting parents have a say in their kids' learning. They also aim to make schools safe and respect students' rights. They need to help support students with disabilities. They also address teachers' job safety and freedom but require them to teach well in the school system.

This section has articles with in-depth information on education law. It also provides information on important education policies and initiatives that affect America's students.

Choice and Compulsory Education

In America, every child has the right to equal access to education. Congress has committed to providing an equal education opportunity to every student. This is regardless of their national origin or English language ability. All students deserve access to public education.

The government introduced the Every Student Succeeds Act (ESSA) to strengthen this commitment further. The federal government sets the standards. But choosing schools often rests with the parents. This means parents can send their students to an accredited public school. Or, parents might choose a private school or a parochial (religious) school instead.

Enrollment in a public school is usually dependent on the student's address. But, many public schools face underfunding and low performance. Many parents in these school districts may enroll their children in alternative schools. This might include magnet or charter schools. Some parents might also choose to homeschool their children. The section titled "Education Options" has more information on the different ways to educate children.

But, there is also a compulsory aspect. All states require children to attend school from a certain age. This helps states ensure they meet the rights of children to basic education.

Student Safety and Student Rights

Keeping students safe and protecting their rights is important. Laws like the Americans with Disabilities Act ensure all students, including those with disabilities, can learn like everyone else. When kids need special help in schools, teachers and school administrators step in to help. They might create an Individualized Education Program (IEP) for the student. This plan allows students to get the necessary related services they need.

Students and their families have some special rights in school. These rights ensure that schools treat students fairly. If parents worry, the law allows them to view their child's educational records. The Family Educational Rights and Privacy Act offers this access to parents.

Schools have rules to keep everyone safe and focused on learning. These rules often say no to drugs and weapons at school. Schools also protect the rights of students and teachers. This includes the First Amendment right to free speech under the U.S. Constitution. But certain types of adult speech, like obscenity or hate speech, are not allowed. This speech is disruptive to the functioning of the school. Schools also set rules on using phones and computers so students can focus. Finally, schools and school employees are taking a more active role in protecting students against bullying.

Schools need to keep students safe, but they also have to respect students' rights. Students might have fewer rights than adults. But, they still have limited rights to free speech and privacy that schools must respect. Furthermore, schools cannot automatically expel any student for bad behavior. Instead, they must provide the student with notice and a hearing beforehand. The section on student rights explains further.

The Right to Free Appropriate Public Education

Every student has the right to a "free appropriate public education." This is because of a federal law. Schools must help students with disabilities. This is thanks to the Individuals with Disabilities Education Act. Students, parents, school workers, and doctors work together. They decide the best way to teach kids with special needs. They may create an IEP. An IEP could give a student more time on tests, allow them to use headphones to focus, and other helpful things.

Another plan is a 504 plan. This law comes from 20 U.S.C. 794, or the Rehabilitation Act of 1973, Section 504. This law bans discrimination based on physical or mental disabilities. These special education laws will follow your child beyond high school and into higher education. The 504 plan could help with employers. But, it is best to check with an employment law attorney for further guidance. See Special Education and Disabilities for more information.

Education Law for Teachers

Teachers are the backbone of the education system. They, too, have rights and protections. The U.S. Supreme Court has played a role in upholding these rights. From ensuring FAPE (Free Appropriate Public Education) to recognizing the significant roles of special education teachers, the law is there to guide and support them. Federal funding comes with the ESEA. This financial assistance aids in elevating the quality of education in schools across America.

The law has measures designed to protect teachers' rights as school employees, as well as teachers' academic freedoms. One major vehicle for protecting teacher rights is teachers' unions, which, with collective bargaining, set standards on how long a teacher can work and what duties they may undertake. The section on teachers' rights has more information on education law as it applies to teachers.

Getting Legal Help with Education Law

Understanding education law can be complex. If you believe someone has violated your or your child's rights, it's essential to seek legal advice. Some legal professionals concentrate on education law. They can guide you through the protections, rights, and due process to which you're entitled. They can also help you understand the state laws that apply to your situation. They can help you advocate for special education services and fight for your students' civil rights.

Talk to an education attorney about your legal issue today.