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.

Special Education Laws, Impacts

Special education laws have had a substantial impact on bilingual special education. The Individuals with Disabilities Education Act (IDEA), originally passed in 1975 and reauthorized in 2004, governs special education services in public schools. The law protects the rights of students with disabilities and their families and tries to ensure that ELLs are assessed fairly. The law includes numerous provisions outlined below.

1. Informed consent: Schools must obtain written informed consent from parents or guardians to evaluate a student. Parents must be fully informed of their rights, any records to be released and to whom, and the nature and purpose of the evaluation. Parents or guardians must be informed in their native language or primary mode of communication.

2. Multidisciplinary team: Students should be assessed by a team of professionals with varied areas of expertise according to the student’s individuals needs. The team should include at least one general education teacher and one special education teacher. For English language learners, the team should include someone with expertise in the language acquisition process.

3. Comprehensive evaluation: Before an initial placement, the multidisciplinary team must conduct a complete assessment in all areas of suspected disability. No single procedure can be used as the sole criterion for determining an appropriate educational program for a child. Alternative procedures should be used when standardized tests are not considered appropriate (e.g., with culturally and linguistically diverse students). A comprehensive evaluation should include an analysis of the instructional setting and the child’s instructional history.

4. Exclusionary criteria: A student should not be labeled if the academic struggles are primarily the result of environmental, cultural, or economic disadvantage. IDEA 2004 adds that a child should not be found to have a disability if the determinant factor is poor instruction in reading or math, or limited English proficiency.

5. Nondiscriminatory assessment: Assessments should be (a) selected and administered so as not to be racially or culturally discriminatory; (b) provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible; (c) used for the purposes for which the assessments are valid and reliable; (d) administered by trained and knowledgeable personnel; and (e) administered in accordance with any instructions provided by the producer of the assessments.

Why You Need an Education Law Solicitor

If you work for an educational establishment then you’re bound to need an education law solicitor at some point.

Here’s why.

1. Schools, colleges and universities need to be just as accountable as other organisations, and private companies, so you’ll want to make sure that everything is managed properly and complies with all relevant laws.

2. Healthy and safety is perhaps more important in an educational environment than in other workplaces, due to the ages of the pupils and students. You’ll need to make sure that your working practices, and out of school activities meet the necessary legislations and law, so that you minimise the risk of accidents and incidents to staff and students in and out of the classroom.

3. You’ll want to make sure that your pupil and staff discipline policies are up to date and that unruly pupils are dealt with properly and in accordance with the relevant policies.

4. Although you work in the education sector, you need to know that employment laws still apply. Any instances of discrimination need to be taken seriously and any issues with staff contracts or working hours will need to dealt with efficiently and effectively. An employment solicitor may be able to assist you in addition to an education law solicitor.

5. You’ll need to make sure that your recruitment policies are up to date, and that they are not discriminatory. You might need to carry out further checks and investigations on potential new staff before you can employ them, and so will need to make sure that this is done legally.

6. As you will be dealing with a lot of paperwork, such as staff contracts and school policies, you’ll want to make sure that these are reviewed regularly so that any advances in technology, or changes to staff duties are incorporated. For example, you’ll need to make sure that your staff and students are aware of the implications of the potential effects of breaking IT or privacy policies.

7. You might be dealing with different suppliers and contracts, and so will want to make sure that you get the best deal for you. An education law solicitor can prove invaluable so that you’re not wasting time and resources on finding out whether the contract is legally binding, and what it really means to you.

8. Some educational establishments are reliant on donations or funding. All contributions and payments need to be properly processed and everything will need to be above board and legal for auditing and accounting purposes.

9. Estate management is an important aspect of modern educational work, and so your duties might involve negotiate the buying or selling of land, or need to be aware of the importance of planning, and dealing with the board of governors. You might also want to know how to make better use of the space that is already available to the school, college or university.

10. Perhaps you’re considering a new building for your educational establishment, and want to know how to get the planning permission you need and meet the relevant environmental and construction laws that will affect you. An education law solicitor will be able to share their expertise, skills and knowledge in order to help you.

Now you know more about the services they provide, do you need an education law solicitor?