The Scope of Education Law

Education Law encompasses a number of different legal issues, from liability disputes to complex questions of Constitutional Law. A large segment of Education Law concerns the employment of teachers and school administrators. Employment and labor disputes within schools are governed primarily by the Americans with Disabilities Act, the Fair Labor Standards Act and Title VII, which addresses discrimination and sexual harassment in the workplace. Other important Education Law topics involving primary and secondary schools include state and federal curriculum standards and testing procedures, school finance and school safety. Issues encountered in higher learning institutions, such as colleges and universities, include tuition disputes, student rights of association, discrimination and the validity of affirmative action programs.

Education Law and the Constitution

A number of Constitutional Law concerns arise in connection with the education system, specifically those surrounding the First, Fourth and Fifth Amendments of the United States Constitution. First Amendment issues in Education Law involve government funding of religious institutions, the role of school prayer and religious teaching in public schools and the boundaries of student speech and expression while on school grounds. The Fourth Amendment arises in connection with student rights and liberties. Fourth Amendment issues include whether school officials may lawfully search a student's person, backpack, desk or locker. Finally, the Fifth Amendment, which ensures that no person shall be deprived of life, liberty or property without due process of the law, is considered by courts in connection with employment disputes, as well as procedures for student suspension and expulsion.

Special Education

Special education laws give children with disabilities equal access to the education system. Special education is governed primarily by the federal Individuals with Disabilities Education Act (IDEA). IDEA provides for the development of individualized education plans for students who are identified as having special needs. Students with disabilities under IDEA include those with mental retardation, hearing, speech or vision impairment, serious emotional disturbance, orthopedic impairment, autism, traumatic brain injury, specific learning disabilities or other health impairments as defined by the Act. IDEA also provides for dispute resolution with the school district through an impartial administrative and legal process.

No Child Left Behind Act

The No Child Left Behind Act (NCLB), enacted in 2001, has served as a significant impetus for curriculum change and school reform across the United States. The NCLB Act stresses school accountability for student performance, by rewarding schools with high-performing students and working to restructure schools with students that fail to reach NCLB testing standards. The NCLB Act also allows parents of children at low-performing schools to attend schools in other districts. Other reforms enacted by the NCLB Act include more flexible use by schools of federal education funds and increased funding for early reading programs. The NCLB Act has been criticized for imposing stringent testing obligations on public schools.