Laws

Education Law

What is Education Law?

Education Law is the area of law that relates to schools, teachers, and the rights of Americans to public education, as well as standards for those students who attend private schools.

American Right to Education

American laws mandate that every child is 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 the 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 Standards

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.

Education Law – US

Center for Law and Education

The Center for Law and Education (CLE) strives to make the right of all students to quality education a reality throughout the nation and to help enable communities to address their own public education problems effectively, with an emphasis on assistance to low-income students and communities. For more than a quarter of a century, the Center for Law and Education has worked to bring about school- and district-wide change across the country in order to improve educational outcomes, particularly for low-income students.

Education Law – Overview

One government function is education, which is administered through the public school system by the Department of Education. The states, however, have primary responsibility for the maintenance and operation of public schools. The Federal Government also has an interest in education. The National Institute of Education was created to improve education in the United States.

Education Law Association

The Education Law Association is a national, nonprofit association offering unbiased information about current legal issues affecting education and the rights of those involved in education in both public and private K-12 schools, universities, and colleges. Our members represent three distinct contingency groups: Attorneys, Professors, and School Administrators.

Elementary and Secondary Education Act (ESEA)

The Elementary and Secondary Education Act (ESEA) (Pub.L. 89-10, 79 Stat. 27, 20 U.S.C. ch.70) is a United States federal statute enacted April 11, 1965. The Act is an extensive statute which funds primary and secondary education, while explicitly forbidding the establishment of a national curriculum. As mandated in the Act, the funds are authorized for professional development, instructional materials, resources to support educational programs, and parental involvement promotion. The Act was originally authorized through 1970, however the government has reauthorized the Act every five years since its enactment. The current reauthorization of ESEA is the No Child Left Behind Act of 2001.

Federal Pell Grant Program

The Federal Pell Grant Program provides need-based grants to low-income undergraduate and certain postbaccalaureate students to promote access to postsecondary education. Students may use their grants at any one of approximately 5,400 participating postsecondary institutions. Grant amounts are dependent on: the student’s expected family contribution (EFC) (see below); the cost of attendance (as determined by the institution); the student’s enrollment status (full-time or part-time); and whether the student attends for a full academic year or less.

Health Care and Education Reconciliation Act of 2010

The Health Care and Education Reconciliation Act of 2010 (Pub.L. 111-152[1]) is a law that was enacted by the 111th United States Congress, by means of the reconciliation process, in order to make changes to the Patient Protection and Affordable Care Act (Pub.L. 111-148[2]). It was signed into law by President Barack Obama on March 30, 2010. The law also includes the Student Aid and Fiscal Responsibility Act, which was attached as a rider. However, small technical parts of the bill relating to Pell Grants were removed during the reconciliation process.

Individual with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a federal law enacted in 1990 and reauthorized in 1997. It is designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability. Furthermore, IDEA strives not only to grant equal access to students with disabilities, but also to provide additional special education services and procedural safeguards.

National Center for Education Statistics (NCES)

The National Center for Education Statistics (NCES), located within the U.S. Department of Education and the Institute of Education Sciences, is the primary federal entity for collecting and analyzing data related to education.

National Library of Education (NLE)

The National Library of Education (NLE) serves as the federal government’s primary resource center for education information, providing collections and information services to the public, education community and other government agencies on current and historical programs, activities and publications of the U.S. Department of Education; federal education policy; and education research and statistics. In addition to on-site access, the Library’s services are available by phone, Internet, fax and mail.

State Profiles – The Nation’s Report Card

State Profiles presents key data about each state’s performance in the National Assessment of Educational Progress (NAEP) in mathematics, reading, writing, and science for grades 4 and 8. Quickly see how a state performed over time, view a state’s demographics, download snapshot reports, and compare each state’s overall performance to the nation and each other.

Teacher Policy Research (TPR)

Teacher Policy Research (TPR) is a research partnership that examines the behavior of teachers and administrators with the goal of developing policies that will both attract and retain high-quality teachers and leaders, especially in low-performing schools.

The White House – Education Policy

Providing a high-quality education for all children is critical to America’s economic future. Our nation’s economic competitiveness and the path to the American Dream depend on providing every child with an education that will enable them to succeed in a global economy that is predicated on knowledge and innovation. President Obama is committed to providing every child access to a complete and competitive education, from cradle through career.

US Department of Education (ED)

The mission of the Department of Education is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.

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 help you with a claim or dispute. You may find attorneys specializing in education law by visiting our Law Firms page.