Education law includes the right to a free and appropriate public education in addition issues involving:
An attorney who practices education law may be skilled in or focus on several of these legal areas. A list of federal education laws includes, but is not limited to:
- Every Student Succeeds Act (ESSA);
- No Child Left Behind Act of 2001 (NCLB);
- McKinney-Vento Homeless Assistance Act;
- Individuals with Disabilities Education Act (IDEA); and
- Elementary and Secondary Education Act (ESEA).
Why Is Educational Law Important?
Educational laws are important because they apply to schools, teachers, and students. They provide local, state, and federal laws that schools are required to follow.
Education laws also provide standards that must be followed by teachers and students, including those who attend private school. Nearly every aspect of the educational system i affected by education law, including:
- Student rights;
- Student conduct;
- School safety;
- Discrimination;
- Special education;
- Teacher rights; and
- Curriculum standards.
What Laws Apply to the Education System?
Education law governs issues in the education system that pertain to:
- Students;
- Parents;
- Teachers;
- Schools; and
- School districts.
Sources of education law include federal, state, and local laws. Education law examples include, but may not be limited to:
- Title IX: This is a federal law that provides protections against gender discrimination in public schools. It is commonly associated with equality in athletics programs, however, it also covers academic opportunities as well;
- Individuals with Disabilities Education Act (IDEA): IDEA ensures that children with learning disabilities have access to a public education that is appropriate to the individual child’s educational needs and goals;
- No Child Left Behind Act: This act intends to hold schools and school districts accountable in order to ensure that students in public schools perform at their grade level. NCLB also ensures that students attend safe schools, that teachers are qualified for the subjects they teach, and that student and school performance is measured through yearly standardized testing;
- United States Constitution: Students at public schools must be afforded certain rights, including due process and free speech under the U.S. Constitution. In addition, public schools can not promote or favor religion; and
- State and Local Laws: There are various state and local laws that may provide additional regulations and protections regarding education.
What Are Some Legal Issues in Education Law?
There are many different types of education law legal issues that arise in schools. Examples include issues related to privacy, searches, and truancy.
Do Students Have a Right to Privacy at School?
Yes, a student has the right to privacy in their school environment. That right, however, may be limited depending on the type of school the student is attending as well as the state in which they are attending school.
Public schools are funded by the United States government. Therefore, they are obligated to guarantee the rights of students under the Constitution.
It is important to note that, in order to counteract issues such as violence and drug abuse, many schools have implemented policies that, although they are designed to ensure the safety and health of their students, may limit the privacy of the students in order to accomplish that.
Can a Police Officer Search Me or My Car at School?
When dealing with law enforcement, students have the same rights as private citizens.
It is important to be aware that Miranda rights apply to students. Because of this, any statement an individual makes to a law enforcement officer can and will be used against them in a court of law.
There are only two pieces of information that individuals are absolutely required to provide to law enforcement, their name and their address. After providing that information, an individual can request to see an attorney and not provide any additional information.
Law enforcement officers are not permitted to search an individual without a warrant unless they are under arrest. However, if the officer reasonably suspects that the student has a weapon, they are permitted to perform a frisk.
If the law enforcement officer does find a weapon, they are permitted to perform a full search of the individual. If a law enforcement officer wants to search an individual’s vehicle, but they do not have a warrant, they are required to obtain consent from the owner of the vehicle.
What Is Truancy?
In public schools, students who do not attend school without having an excused absence from school are considered to be truant. Truancy means that the student is absent from school without providing a valid reason for that absence or that their absence has not been approved.
There are also other examples, such as when a parent fails to notify a school in a timely fashion regarding the child’s absence. In addition, disagreements may arise regarding who the responsible party is for supervising students when they attempt to leave the school premises during the school day.
Truancy laws, in addition to compulsory school attendance laws, vary greatly by state. In addition, each state has its own minimum and maximum age limit for required free education, or public school.
In general, children are required to attend school beginning at age 5 and are required to stay in attendance until the age of 18. In some states, the minimum age limit that free education must be offered is 5 years of age.
Other states maintain a minimum age of 4 years of age. The maximum age limit that free education is required to be offered ranges from 21 years of age to 26 years of age.
In general, if an individual’s child is at least 7 years old or if they have not finished 6th grade, they will be considered truant if they have 5 unexcused absences in a row from school or 7 unexcused absences from school in 1 year. In addition, if an individual’s child has finished 6th grade but is not yet 17 years of age, they are considered to be truant if they have 7 unexcused absences in a row from school or 10 unexcused absences from school in one school year.
It is important to note that in certain states, if an individual’s child misses one half of a day or more and the school considers that as a day, it counts towards the truancy limit.
What Does an Education Attorney or Lawyer Do?
Education law attorneys handle cases that involve education legal issues. An education law attorney may represent a student or other client who needs to sue the school system.
A school lawyer is an attorney who is employed by a school board to represent their school district in legal matters. These types of lawyers have many duties, including:
- Offering advice on legal and policy issues;
- Researching legal issues; and
- Representing the school district in litigation.
Should I Consult an Education Lawyer?
If a school or school system refuses to remedy a violation of law, it may be appropriate to file a lawsuit. If you are a parent, teacher, or school staff member who has an issue, question, or concern related to education law, it may be helpful to consult with a government lawyer.
Your lawyer can help you determine the best course of action against a school or school district, especially where a violation of Constitutional rights may be involved. If you are a school staff member, it may be helpful to consult with a lawyer before taking certain actions to ensure that the rights of the student are not violated.
