What is Education Law?
Education Law is the area of law that relates to schools, teachers, and the rights of Americans to a public education, as well as standards for those students who attend private schools.
American Right to Education
American laws mandate that every child be given the opportunity to an education. Each state has its own school system, and as a result, there are very different laws among the various states with regard to management of schools, teachers, and funding for public education. However, they are all overseen by the federal government through the Department of Education.
Equal Education Opportunities
There is a strong emphasis on providing equal opportunities for education. This includes both to minorities and historically disadvantaged groups, as well as to those with disabilities. The Equal Education Opportunities Act of 1974 provides that no state can deny an equal opportunity to education to any individual on the basis of race, color, sex, or national origin. Similarly, for children with disabilities, the Individuals with Disabilities Education Act establishes a process for evaluating student needs and providing for an education program tailored to that individual. Similarly, most states have their own supplemental laws expanding upon the educational rights of children with special needs.
Education laws also govern the standards for education. State laws primarily set forth the standards for evaluating student achievements and teacher performance, but they are also affected by regulations established by the Department of Education. These laws may include standardized testing, minimum credit hours, required subjects of study, etc.
If you have additional questions about education law, please review the materials below. Additionally, you can contact an attorney in your area for assistance with your question or to help you with a claim or dispute. You may find attorneys specializing in education law by vising our Law Firms page.
Know Your Rights!
- Are Online Degrees Really Valid and Legal?
Whenever jobs become scarce, one of the first industries to see a boost is higher education. In order to compete, many job seekers return to college (or go for the first time) to get a degree in a particular career field in order to better be able to compete for jobs.
- Education Rights for Children with Special Needs
Children with such special needs often require and are entitled to receive special services and reasonable accommodations through the public schools.
Education Law Articles
- Student Bomb Threats at School - Legal ConsequencesBomb threats are serious, and the person making the threat can suffer negative consequences for the action because it can cause panic and a severe reaction from the school administration in these situations. The legal consequences are often both real and aggressive to put a stop to the first incident and any subsequent thoughts of making new ones.
- Changing a Tourist Visa to a Student VisaTourist visas or B-2 visas can change to student or F-1 visas with the right circumstances and paperwork filled out through the United States Citizenship and Immigration Services or the USCIS. Getting approval from the requested documentation does not come with any guarantee that the tourist can remain in the country and go to school.
- School Failure to Lockdown - Can They Be Sued?When there is the fear that an active shooter is on the campus, it is important for the school to enter into lockdown procedures, and this can help to prevent additional shooting injuries. However, if a school fails to accomplish the lockdown appropriately, there is a possibility that the parents of a child harmed in the process will sue the school.
- Campus Rape Allegations - What Is the College’s Responsibility to InvestigateWhen a student reports another person or student as an aggressor in sexual assault, the college usually must at the very least look into the matter to determine if there is any basis for an arrest. There are certain systems to review the matter, but the college or university has less responsibility to investigate in standard situations than the typical company.
- Professor’s Relationship with a Student - Is It Sexual Harassment?The Education Department of many states changed policies with various sexual harassment claims by students facing professors’ attentions and through reports since 2011. The institutions adopted policies that can hold a professor liable for harassment if he or she enters into a relationship with a student because of the position of authority.
- Evidence of Child Abuse May Be Student Comments Made to Teachers Says U.S. Supreme Court DecisionStatements given to teachers by students can lead to a court case of child abuse by adults and parents as explained by the decision of the Supreme Court. When the youth confides in a teacher about abuse and violence at home, this can support the claim of child abuse and help in prosecuting a parent or other adult for this type of activity.
- Florida School District Duty of Care to ChildrenThe school districts in the state of Florida accept responsibility to ensure the safety and well-being of each student throughout the day and year even in the event of an injury. However, if an accident or injury does occur the school district may attempt to defend against claims aggressively and blame the incident on the child’s behavior or another factor to remove paying compensation as an option.
- Tax Offsets and Student LoansStudent loans are difficult to recover from when the person is drowning in debt while still searching for a job to repay the amount, and tax offsets may cause even more problems by taking the refund which may provide crucial income. Understanding what these are and how they work together is important for a graduate or former student.
- The Protection of Texas Children Law Gets New ScrutinyOne of the controversies arising from the mass shooting that took the lives of 17 students at the Marjory Stoneman Douglas High School in Parkland, Florida is a proposal floated by President Donald Trump that some teachers be armed.
- Texas Students Seek More Open Educational Resources MaterialsAs anyone who has ever been to an institution of higher learning knows, textbooks can be a significant expense. According to a 2013 article in the Atlantic, a study conducted by the American Enterprise Institute reported that the cost of course materials had risen 812 percent between 1978 and that year, faster than health care, home prices, and, naturally, inflation.