Public School
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed May 14, 2024
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Public schools are places where kids go to learn essential life skills. They help students get ready for life and jobs. They are the backbone of education in America.
Many factors decide how public schools work. These include rules from the U.S. Department of Education, state boards of education, and local school boards.
Every state has a public school system to provide free education to every child. Public schools are government-run schools regulated by federal, state, and local law. Yet, a free education often comes with several legal issues. Parents should consider these issues when sending their children to public schools.
This article will explore how administrators run public schools. It also explores what they teach and the rights of students and parents.
Who Governs Public School Decisions?
A mix of different groups manage public school governance, including:
- The U.S. Department of Education is a federal government agency that sets some rules for schools nationwide. It gives schools federal money.
- The state departments of education also have their own rules. They give schools state money.
- Local school board members make major decisions about things like school buildings, school employees, and school day activities.
Understanding the Public School Hierarchy
Federal and state laws affect a public school's operations and responsibilities. Most of the major decisions affecting public education are local.
Each state divides its many public schools into local districts. These districts could be as large as an entire county or as localized as a part of a city. An elected school board governs each district.
Each school district has a superintendent. This person implements the school board's decisions. They also control the day-to-day operations of the district.
A principal manages the day-to-day operations of an individual school within the district. The principal usually reports to the superintendent.
How Public Schools Receive Funding
Public schools get funding from a variety of sources. Federal laws passed by Congress may provide funding to schools across the country.
State legislatures also distribute funding to schools each year. They do this through the state's annual budget process.
Local districts in many states can propose local taxes. They might do this to provide more funding for that particular school district.
Finally, corporations, public interest groups, and parents may provide grants or donations. These funds can help pay for school activities or renovations.
In some cases, a charter school can run with its own rules. These schools get permission from the state boards of education but have more freedom to try different educational programs.
Attendance Requirements at Public Schools
Kids have to go to school until a certain age. This age depends on the state. Enrollment starts with elementary school and goes up to secondary education, usually high school.
Every school year has a set number of school days students must attend. Schools keep a report card to track student achievement. This report card can also show the student's attendance information.
Attendance requirements vary from state to state, but children generally must attend some form of schooling from ages 6 to 16. Every state allows some form of homeschooling or private school attendance instead of public school.
Parents or guardians are usually legally responsible for ensuring that their children attend school. Truancy laws may allow authorities to arrest children who habitually skip school.
Public School Curriculum Requirements
Public schools must teach certain subjects, including:
- English
- Math
- Science
- Social studies
The state board of education decides what students should learn at each grade level. Schools also offer other subjects like art and physical education.
The state usually regulates curricula at public schools. But some federal laws, such as the No Child Left Behind Act, also may affect what public schools must teach.
Public School Graduation Rules
States often use high school graduation requirements to regulate school curricula. They require students to take a specified number of courses in certain subjects.
Public universities and colleges may have different admission requirements, though. So, depending on the state, the high school graduation requirements may not guarantee that a student is eligible for college.
Special Education Requirements
Some students need extra help. Special education programs offer educational services to kids who have learning difficulties. Schools test kids to see if they are eligible for these programs. Once eligible, schools make a unique plan to help them learn better.
The Individuals with Disabilities Education Act (IDEA) is the primary law regulating special education in public schools. IDEA requires states that accept federal funding to provide special education services to children with the following impairments:
- Intellectual disability
- Hearing, speech, or vision impairment
- Serious emotional disturbance
- Orthopedic impairment
- Autism
- Traumatic brain injury
- Other health impairments or specific learning disability
The school will assess the student for eligibility under IDEA. Falling within one of these categories does not guarantee the right to special education services. The child must also need special help to learn.
Students with other disabilities may request a special accommodation under section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act (ADA). They can file under this subsection if they do not meet IDEA's requirements.
Suppose a state school says a student does not meet IDEA's criteria for special education services. In that case, parents can appeal and, if necessary, file a lawsuit to demand special education services.
Rights of Parents in Public Education
Parents have the right to know how their kids are doing in school. Schools must send out report cards. Parents can also talk to school administrators and staff members to learn more about education programs.
Some states have laws that allow parents to decide what school their kids will attend.
Although some courts have ruled that parents have little right to control what their children learn in public schools, all states allow some form of parental control. For example, many states allow parents to opt their children out of learning certain subjects, such as sex education. Some states also allow alternative assignments if a parent objects to their child completing a specific task, such as reading an assigned book.
Rights of Public School Students
Students have rights, too. They have civil rights that protect them from unfair treatment. They also have the right to go to school on school property. In some states, students can decide to join different school programs.
Still, public schools may limit children's rights to prevent disruption. Freedom of speech and due process are two examples of areas with limitations.
Although students have free speech rights at public schools, school officials may ban speech that will disrupt the learning environment. School officials also have the right to censor student publications that are part of official classes.
Schools also change students' due process rights in the public school setting. Most school districts have policies outlining a student's due process rights during disciplinary hearings, such as those leading to suspension or expulsion. Most school districts require staff to notify the parents, and students often have the right to hire an attorney. School officials investigating on-campus offenses may also search a student's belongings as long as the search is reasonable and related to the investigation of an actual offense.
Public School Funding
Funding for public schools is a complex issue. It involves money from local, state, and federal sources. The school fund is a pool of money that pays for everything from teacher salaries to school buildings and educational programs. State leadership appropriates funds to distribute to schools. Student enrollment and needs often determine this amount. The federal government also contributes, especially to special education and programs to increase educational opportunities.
Sometimes, states make amendments to funding laws to meet the changing needs of schools better. These changes can affect how much money goes to elementary and secondary schools, among other things. For instance, a state might make an amendment to send more funds to secondary schools where student achievement is lower than average.
Schools can also apply for a waiver. This is a special permission to use funds differently than what is typically allowed. For example, a secondary school may request a waiver to spend more on professional development for teachers in the hope that this will improve student achievement in the long run.
School boards make budgets for a school year. They may make some budgets for up to three years. This helps school administrators and board members make long-term plans to improve the school. Understanding school funding is complex. But it's vital for the smooth operation and improvement of public schools.
Should I Send My Child to a Public School?
Only you, as a parent, can decide which education option you prefer for your child. Each type of school has benefits and drawbacks, and the same is true for public schools.
Parents of school-age children may consider the following factors:
- Academic rigor, average test scores, and graduation rates
- The amount of individual attention students receive, including class size
- Access to special programs and activities, such as sports, theatre, and clubs
- Ease of daily transportation, whether by bus riding, driving, or walking
- The child's unique social, mental, and physical needs
Cost is often a major part of this decision. Public schools are free to attend, whereas options like private school may be costly for families.
Get Help With Public School Issues Now
If you face legal issues related to public schools, getting professional help is crucial.
You can contact a state education agency, which often has a designee specialized in education matters. These experts can guide you on various topics, from statewide initiatives to higher education and professional development opportunities. They can tell you about issues arising during the school day and beyond.
Legal advisors can help you understand your rights and the educational opportunities available to you or your child. They can also help ensure you make the most out of the public school system.
If you or your child is facing a legal issue at a public school, contact an education lawyer to explore your legal options.
Next Steps
Contact a qualified education attorney to help you navigate education rights and laws.