How Lawmaking Shapes Education: Understanding The Intersection

Education law is a broad topic that covers several legal subjects. Education is a government function, administered through the public school system by the Department of Education, but states are responsible for maintaining and operating public schools, and each state has its own school system. Education law covers teachers, schools, school districts, school boards, and the students they teach. It also covers the rights of students, teachers, and schools, including the right to a public education, and standards for those in private schools. Education law also governs standards for education, including evaluating student achievements and teacher performance, and ensuring compliance with legal and regulatory requirements.

Student discipline and conduct

Student Codes of Conduct

Student codes of conduct are a crucial aspect of student discipline and conduct laws. These codes are typically set by the Board of Education and outline the behavioural expectations for students, as well as the potential disciplinary actions for violations. The codes cover a range of issues, including attendance, dress code, academic honesty, respect for individuals and school property, and the use of controlled substances. While most states allow school districts and individual schools to develop their own codes, they must still meet certain minimum requirements to ensure standardization.

Disciplinary Procedures

Schools have disciplinary procedures in place to address student misbehaviour. The severity of the disciplinary action depends on the nature of the student's behaviour and can range from verbal warnings to suspension or expulsion from school. Students are entitled to due process rights, which include the right to an informal hearing and the opportunity to present their side of the story before any severe disciplinary action is taken. School discipline policies often include multiple levels of punishment, with the specific action taken depending on the severity of the violation.

Special Considerations

Bullying, Hazing, and Sexual Assault

Bullying, hazing, and sexual assault are taken very seriously by educational institutions and are considered violations of federal law. Schools have a responsibility to provide a safe learning environment for all students and will investigate any allegations of such incidents. Disciplinary actions for these behaviours can include suspension or referral to law enforcement, depending on the severity of the case.

Off-Campus Conduct

Corporal Punishment

While corporal punishment, such as paddling or spanking, was once common in schools, many states have now outlawed this practice. Most schools have shifted their focus to guiding and teaching students rather than relying on physical discipline. However, some states and schools still allow corporal punishment, although parents usually have the option to opt out.

Student Rights

It is important to note that while discipline and conduct laws are in place, the rights of students must also be respected during the disciplinary process. Students have the right to due process, which includes being informed of the charges against them and having the opportunity to present their side of the story. Students may seek legal assistance if they feel their rights have been violated during disciplinary proceedings.

Special education services

The IDEA ensures that all children with disabilities have access to a free and appropriate public education. This includes children with disabilities who have been suspended or expelled from school, as well as those in private schools. The law establishes a process for evaluating a child's special needs and developing an individualized education program (IEP). The IEP is designed to meet the unique needs of each child and is created in collaboration with the child's parents or family.

In addition to the IDEA, most states have their own laws that expand upon the educational rights of children with special needs. These laws often include standardized testing, minimum credit hours, and required subjects of study. Children with special needs are entitled to receive reasonable accommodations and special services through the public schools.

The Equal Education Opportunities Act of 1974 also plays a role in special education services. This Act prohibits any state from denying equal educational opportunities based on race, color, sex, or national origin. This Act ensures that all children, regardless of their background, have access to a quality education.

To ensure compliance with these laws, special education attorneys work on behalf of students and their families to advocate for their rights. They can provide legal aid and support in cases where a student's rights may have been violated or if there are concerns about the services provided.

Teacher employment and labour laws

Education law is a broad topic that covers all legal matters relating to education, including the rights of students, teachers, and schools. Teacher employment and labour laws are governed by both state and federal laws, with public school teachers generally receiving more legal protections than private school teachers.

Constitutional Rights

Teachers in public schools have constitutional rights derived from state and federal constitutions. These include substantive and procedural due process rights, such as the right to receive notice of termination and the right to a hearing. They also have freedom of expression and association, academic freedom, and protection against unreasonable searches and seizures of their personal property. These rights are generally not available to teachers in private schools, as public schools are state entities bound by constitutional restrictions on state action.

Anti-Discrimination Laws

Teachers are protected from discrimination by the Equal Protection Clause of the Fourteenth Amendment of the US Constitution, which prohibits discrimination based on race, sex, and national origin. This is further enforced by Title VII of the Civil Rights Act of 1964, which was amended in 1972 to include educational institutions. The Act makes it unlawful for any employer to discriminate against an individual based on race, colour, religion, sex, or national origin. Title IX of the Education Amendments of 1972 provides additional protection against sex-based discrimination in educational institutions that receive federal financial assistance.

Contract Laws

The law of contracts applies to agreements between teachers and school districts. This includes the concepts of offer, acceptance, mutual assent, and consideration. School districts may be required to ratify contracts offered by school officials before they become binding. Teachers' handbooks may also be considered contractual agreements if they grant certain rights to teachers.

Tenure Laws

Most states protect public school teachers from arbitrary dismissal through tenure statutes. Once a teacher has attained tenure, their contract renews automatically each year, and they can only be dismissed for just cause and after following procedural requirements such as providing notice and a hearing. Tenure also provides some protection against demotion, salary reductions, and other discipline. However, it does not guarantee indefinite employment or retention of a particular position.

Fair Labour Standards

Teachers are exempt from minimum wage and overtime pay requirements under the Fair Labour Standards Act (FLSA) if their primary duty is teaching. This exemption applies to teachers in elementary, secondary, and higher education, as well as other educational institutions. However, teachers are still entitled to compensatory time off (or "comp time") in lieu of overtime pay if they work for a public university or college that qualifies as a "public agency" under the FLSA.

School finance and funding

Each state has its own school system, resulting in varying laws regarding the management of schools, teachers, and funding for public education. State legislatures exercise power over schools, often delegating authority to state boards of education. They set standards for evaluating student achievements and teacher performance, which may include standardized testing, minimum credit hours, and required subjects.

State constitutions require the provision of a school system, and states have the power to regulate private schools, although this is limited as many are religious institutions. The funding of private schools with public money is restricted by the U.S. Constitution.

The issue of funding inequalities between rich and poor school districts has been addressed in court cases such as San Antonio Independent School District v. Rodriguez (1973). Plaintiffs argued that Texas's school financing system was discriminatory and violated the Equal Protection Clause, but the Supreme Court ruled that education is not a fundamental right under the Constitution.

During the COVID-19 pandemic, the disparities in per-pupil funding became more evident, with the highest-funded state (New York) spending two and a half times more per pupil than the lowest-funded state (Idaho). The pandemic also highlighted the pre-existing inequity and inadequacy of school funding in many states, with inadequate staffing levels, poor facility conditions, and lack of technology impeding their ability to respond effectively.

To address these funding disparities and ensure equal educational opportunities, various acts and policies have been implemented. The Elementary and Secondary Education Act (ESEA), passed in 1965, provided federal funding to schools, particularly benefiting those with low-income students. The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities have access to education and establishes a process for evaluating their special needs.

Despite these efforts, great disparities in education spending remain, and the biggest disparities are among states. Reducing or eliminating these disparities is challenging as it requires addressing issues such as local control of schools and parental freedom to provide for their children's education.

Bullying and harassment policies

State anti-bullying laws serve as the first line of defense for students facing bullying. Notably, all 50 states have enacted such laws, demonstrating a unified commitment to tackling this issue. These laws often provide robust protections for students, mandating schools to take immediate action, including reporting, documenting, and investigating incidents within specified timelines. They also outline consequences for bullies and, in some cases, offer support services for both victims and perpetrators.

However, it is important to acknowledge that state laws vary significantly in their definitions of bullying, procedures for handling incidents, and prescribed consequences. This variation highlights the need for clear and comprehensive legislation to ensure consistent protection for students across the country.

In certain instances, bullying overlaps with discriminatory harassment, particularly when it is based on factors such as race, national origin, color, sex, disability, or religion. In these cases, federally-funded schools, including colleges and universities, are legally obligated to address and resolve the issue. Federal civil rights laws, enforced by the U.S. Department of Education (ED) and the U.S. Department of Justice (DOJ), provide protections for students in these situations.

To further strengthen anti-bullying efforts, the U.S. Department of Education developed a framework in 2010 that outlined common components for state laws, policies, and regulations. This framework included definitions of bullying, characteristics commonly targeted by bullies, and detailed requirements for school district policies. Additionally, the Department has issued guidance and strategies over the years to reinforce schools' responsibilities in creating safe learning environments.

While federal laws do not directly address bullying, they offer specific protections for students with learning and thinking differences. The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 guarantee the right to a free appropriate public education (FAPE) and require schools to act if bullying interferes with a child's FAPE. Additionally, Section 504 and Title II of the Americans with Disabilities Act (ADA) prohibit discrimination against students with disabilities, including those with learning differences.

In conclusion, bullying and harassment policies are a critical component of education law, safeguarding students' rights to a safe and inclusive learning environment. While states play a primary role in enacting and enforcing anti-bullying laws, federal laws provide additional protections, particularly for students with disabilities or those facing discriminatory harassment.

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