Education Law – What You Need to Know

If you’re involved in any aspect of education, from teaching to recruitment, then you’ll need to be aware of education law, and the areas it covers.

1. Education establishments are just accountable as other organisations, and need to adhere to rules and guidelines in the same way.

2. You’ll need to make sure that your school, college, university or other educational establishment complies with all the relevant laws and government policies. Having an education law expert to help you will make a big difference, and can ensure that you’re not acting illegally.

3. You’re probably used to dealing with suppliers for everything from catering and stationery to IT and the maintenance of the grounds. Are you using a specialist in education law to make sure that the contracts art legal, and that you’re getting the best deals and service?

4. Pupil discipline is becoming more of an issue in many schools. Although to may be tempting to introduce your own forms of punishment, you’ll need to make sure that you stay well within the law, to avoid possible disciplinary action yourself.

5. Some schools, colleges and universities receive charitable donations or funding. You’ll need to make sure that all the paperwork is in order that everything complies with the relevant charity laws.

6. If you’re involved in estate management for as school or college, then your job could entail buying or selling land, and hiring contractors. You’ll want to make sure that you get the best deals and service, and that agreements are adhered to minimize disruption to all concerned.

7. Although you work in education, construction, planning and environmental laws still apply. If you’re considering expanding your premises, or building new departments or adding additional facilities, you’ll need to make sure that you’ve got the relevant planning permission and your plans don’t fall foul of any laws.

8. Employment law still applies, so you’ll want to make sure that there are no issues regarding bullying or harassment at work, or discrimination on any grounds. You’ll need to make sure that you’re up to date with all relevant guidelines and changes, so that you’re not acting illegally.

9. Your recruitment process will also be subjected to the same sort of laws as other industries. You might need to carry out additional checks too, so an education law expert can prove invaluable.

10. Health and Safety both at school, and on educational trips, is often mentioned in the media. No matter whether you think the rules and regulations are too strict, you still have to comply with them in order to protect your pupils and staff.

Now you know more about it, perhaps now is the time for an Education Law Expert to help you.

Education Law and Faith Schools

According to recent estimates, almost a third of all schools in England and Wales are faith schools, and almost a quarter of all children are educated in a faith school. These types of schools were a key plank in the labour government’s strategy for education, and the Coalition has indicated that it will continue to increase the amount of educational services which are provided by religious groups.

There are three types of faith schools: voluntary aided, voluntary controlled and independent religious schools, and different rules apply to each of these.

Voluntary Controlled Faith Schools
These are schools which are funded by the state and where the state is responsible for the day-to-day management and control of the school. The buildings and land are owned by a religious group, and that religious group has the right to appoint the governors and often the head teacher, but other teachers are employed by the local education authority. The appointment of these teachers is subject to the same conditions as teachers in regular state schools and there is no requirement that the teachers profess the same faith as the religious group which established the school.

In voluntary controlled faith schools, the admissions policy is set and administered by the local education authority. This means that these types of schools are usually open to all students and there is no requirement that the student has an attachment to the faith held by the religious group which established the school.

Voluntary Aided Faith Schools
These are schools which are funded by the state but are managed and controlled by a religious group. The religious group owns the land and buildings, appoints the governors of the school and selects and appoints teachers. All teachers are directly employed by the religious group, and it is lawful for the religious group to require teachers to profess the same faith and to discipline staff for breaching religious principles or acting in a way which is inconsistent with the schools ethos.

In voluntary aided faith schools, the admissions policy is determined and enforced by the governors of the school. This means that very often prospective students are required to demonstrate some adherence to the religious principles on which the school is founded.

Independent Faith Schools
These are schools which are entirely funded and controlled by a religious group. The religious group appoints the governors and employs all of the staff as well as setting the admissions policy. Independent faith schools often require both teachers and students to be professing members of a particular religious sect or denomination, and can discipline both staff and students if they act in a way which is inconsistent with the schools ethos and religious values.

Teaching in Faith and Religious Schools
Both voluntary aided and voluntary controlled faith schools are required to teach the national curriculum, and students will cover the same subjects as pupils in other state maintained schools. The only exception to this is in the case of religious education, where faith schools are allowed to set their own curriculum which will usually focus on the religious beliefs held by the charity or church which founded the school. Voluntary aided and voluntary controlled schools are also entitled to insist that religious education is taught by a professing member of a particular faith or denomination.

There is no requirement for independent faith schools to teach the national curriculum and these schools will set their own subjects and studies.

For a variety or reasons, ranging from smaller class sizes to higher standards of discipline many faith schools have better league table results than other state run schools and this makes them highly desirable. Many parents will consider legal challenges to admission criteria to try and get their children a place.

4 Reasons Why Inconsistent State Special Education Laws May Be Harming Your Child’s Education!

4 Reasons why inconsistent State Special Education Laws may be Harming Your Child’s Education! By JoAnn Collins Key words: Autism, PDD, Asperger’s, IDEA 2004, specific learning disability, SLD, IEE’s at public expense, FAPE
Are you the parent of a child with Autism, Pervasive Developmental Disorder (PDD) or Asperger’s that is having a dispute with your school district? Are you concerned about your States special education laws, and whether they are in compliance with IDEA 2004 (federal special education law)? Many states seem to have special education laws that are inconsistent with federal special education laws. This article will discuss why these inconsistent State laws may be harming your child’s education.

1. Some school districts are using State laws to deny children eligibility for special education. For example: In Maine the State laws require that children suspected of having a specific learning disability (SLD) must score 1.5 standard deviations below the mean in two or more areas of psychological processing, but cannot be more than 1.5 standard deviations below the mean (mean is average). In OSEP policy letter to Hugo OSEP states that this is inconsistent with federal special education law because it may result in children with SLD not being properly identified. A child not receiving needed special education and related services could negatively affect the child’s education and future adult life!

2. Some school districts are using State laws to deny children needed ESY services. For example: In New York their State laws say that in order for a child to be provided ESY services they must have substantial regression (with a long recoupment period). They also state that a child needs to be in self-contained placements, have severe multiple disabilities, or be in home and hospital placement. This is inconsistent with IDEA 2004 which states that ESY services must be determined on an individual basis, and given if a child needs the services so that they can receive a free appropriate public education (FAPE).

3. Some school districts are preventing parents from “obtaining” IEE’s at public expense by using State laws requiring “pre-notification” or “requesting” of the IEE. IDEA 2004 (federal special education law) states that parents have the right to “obtain” an IEE at public expense when they disagree with a school evaluation. Some States laws are taking out the word “obtain” and putting in the words “request” or “pre-notify.” For Example: In my State of Illinois the regulations state that parents “must request” an IEE at public expense rather than parents “have the right to obtain” the evaluation. This may prevent you from determining what your child’s disabilities are and what services your child needs for FAPE

4. Some school districts are using State laws to deny parents “meaningful participation” in all aspects of their child’s education. For example: In Maine their State law requires parents to submit written statements of concern at least three days before a scheduled IEP meeting. In OSEP policy letter to Breton OSEP states, “However, the IDEA does not permit a public agency to establish criteria for parental participation in an IEP meeting. Therefore, we maintain that it would be inconsistent with… IDEA for a local educational agency to adopt a blanket policy requiring parents to provide a written copy of their concerns to the IEP team three days before the meeting in order to have their concerns addressed in that meeting.”

Use this information in your advocacy to ensure that your school; district is in compliance not only with State law, but also with Federal law.