Special Education Laws

Special education refers to the education of children with physical disorders or disabilities, psychiatric disorders, emotional distress, behavioral disorders, and learning disorders. Traditional educational techniques or school programs do not sufficiently meet the requirements of these children. Children with special education needs are guaranteed rights to services in schools under federal and state laws. These laws include Americans with Disabilities Act (ADA), Section 504 of the Vocational Rehabilitation Act, Individuals with Disabilities Education Improvement Act (IDEA 2004), Individuals with Disabilities Education Act of 1997 (IDEA 1997), and No Child Left Behind (NCLB). These laws guarantee special education programs and financial assistance for disabled children and youth in the United States.

The Individuals with Disabilities Education Act (IDEA) of 1997 is a federal law that governs all special education services for children in the United States. The major objective of IDEA is to provide free and appropriate public education in the least restrictive environment. The IDEA 2004 is a revision or reauthorization of IDEA 1997, which preserves the civil rights guarantees of IDEA 1997, but makes substantial changes regarding how schools determine whether a child has learning disability and needs special education services. Services to very young children, i.e., infants and toddlers, are also covered under the IDEA. Section 504 of the Rehabilitation Act of 1973 is a civil rights legislative act, which proscribes discrimination against children with disabilities and provides them with reasonable accommodations. Under section 504, any person who has an impairment that substantially limits a major life activity is considered disabled.

The Americans with Disabilities Act (ADA) commands all educational institutions to meet the needs of children with psychiatric problems. In the United States, procedures for the implementation of the Federal laws and procedural safeguards are different in different states and therefore parents should have a good knowledge of the rules and regulations in their particular area. For any assistance, parents can always contact the regional office of the U.S. Department of Education Office for Civil Rights.

Education Law in the 21st Century

While it is not an area of law in which a great many cases are undertaken, the cases and issues that end up arising and being litigated in the education law area tends to prove to be very significant. This has been the history of education law and remains the reality in this day and age. Through this article you are provided an overview of some of the more significant and transitory issues associated with education law in this day and age.

A good many of the cases that have arisen in the education law arena have centered on equal access to educational opportunities based upon issues pertaining to ethnicity, race, sex and religion. Some of the most significant issues pertaining to education law have involved access to educational experiences by people of minority races. Of course, the most significant case in this regard actually was handed down by the Supreme Court of the United States in 1959. The case of Brown vs. Board of Education brought an end to the concept of “separate but equal”, which guided educational systems across the United States.

Although the Brown case was handed down by the Supreme Court many years ago, there remain issues that still arise when it comes to making sure that minority students have an appropriate access to educational opportunities in the country. For example, many school districts became embroiled in cases involving the busing of students to achieve racial equality when it came to educational systems, only in recent times have attendant issues been resolved.

Some of the newer issues and cases involving race, sex and related issues and education law have centered on access to scholarships and other educational financing opportunities. There are still cases that arise in which a contention is made that certain financing options are not fully available to all individuals.

Most recently, many of the cases involving education law issues have involved individuals with physical or other types of impairments. The goal in regard to these cases is to work to ensure that educational opportunities are made regularly and fully available to people no matter their physical status. (Related cases also center on individuals who have some sort of intellectual or mental health issue as well.)

Finally, another active area in education law in this day and age involves public school financing. First of all, there are cases that center upon working to ensure that all public school systems in a particular state are fairly funded. Second, there are cases and issues that focus upon the funding of private school educational experiences. Legislative leaders have also found themselves involved in developing new laws to attempt to deal with these two types of issues in more recent years – a trend that is expected to carry forth into the future.

There remain lawyers in business today who are specializing in education law. More often than not these attorneys are most frequently involved in ensuring that people have an even and equal access to appropriate and meaningful educational opportunities.

Educational Law

Grace Victor is working as a law teacher at East Willow high school in Newborn, Georgia.

I love teaching law. I completed my degree in law, and preferred to work as a teacher rather than becoming a lawyer. Its not that I have anything against legal practice, but it’s just that I prefer teaching. My dad always wanted me to be a teacher. So it was always my dream to be a teacher. When I enrolled into Law College, I wanted to learn law- not to practice it, but to teach it.

Education law deals with laws regarding colleges, universities and schools. School systems vary from state to state. The department of education administers public school working. In the United States, education is offered by public sector. The financial resources are received from 3 levels: local level, state level, and federal level. It is compulsory for children to get educated. The school policies like teaching, funding etc are determined by school boards that are locally elected. You can teach your kids at private or public schools. Or if you want, you can teach them at an approved home school program.

Education in US is generally categorized in 3 levels: high school, middle school, and elementary school. After these levels, comes college education, or post secondary education. There is a powerful concern regarding equality of education. You cannot discriminate your students based on their national origin, sex, color, or race. This has been stated in the Equal Education Opportunities Act (1974).

Parents are given a right to choose the best school for their kids. If they want, they can send their kids to private schools. However, these private schools are also regulated by state laws. According to the Establishment clause, these schools operate on their own funding, and no government funding is provided to them.

Apart from these schools, there are special schools for kids with disabilities. First, the special needs of the child are assessed, and accordingly, based on the Individuals with Disabilities Education Act, he or she is sent to a special school.

In case you do not want your child to attend schooling from outside, you can home school him or her, but it requires a lot of time and attention. If you want to home school your child, you need to register with the department of education.

Educating your children is very easy in United States, and government has made full provisions that each and every child is educated.