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.

Special Education – The Law is on Your Side

Help is available– and the law is on your side. Its promise is simple: Every child counts. Every child is entitled to an education. Every eligible child with a disability is entitled to a “special” education – one that confers “meaningful benefits.” That is what Congress has said. That is what the United States Supreme Court has said.

The law protects every child. The law protects you as your child’s parent.

Individualized Education Plan (IEP) – Every special-education student must have an Individualized Education Plan (IEP) developed by a team that includes parents, teachers, school administrators, and other professionals. An IEP establishes educational goals and describes the special services that will be provided to the student.

Due Process – Special-Education law provides many due-process hearing and appeal procedures.
“Section 504″Classroom accommodations are available to many students (K-12 and college) who have disabilities.

There are only five modes of communication that can lead to a disability; they are auditory, visual, verbal, nonverbal and tactical communication.

If your child’s disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation act of 1973. The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must “have available” to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs” 20 U.S.C. sec. 140(d). Children with disabilities must “to the maximum extent appropriate [be] educated with children who are not disabled” 20 U.S. C. 1412 (e)(5).

Many parents find themselves in a situation where their child is either struggling academically or having discipline problems in school. Often times, there maybe an unidentified disability causing these problem. If they do have a disability that is negatively affecting their education, they would likely benefit from special education services.

Special Education services may include:
Occupational therapy
Speech and language therapy
Resource specialist programs
Modification of the regular education programs
Special day classes
Non-public schools
Residential treatment, and many more.

If you believe your child will benefit from special education services call a professional. Your child only goes through their education process once, so give your child the best chance for the future by making sure they have the type of education that helps them learn and succeed. Nothing is more important to their future.

Why Do You Need an Education Law Solicitor?

As there’s many aspects of law that effect the education sector, if you work for a school, college or university, then you’re likely to need the help and advice of of an education law solicitor.

Here’s why you’ll need help with education law.

1. Education establishments need to accountable, and so need to do everything properly, and within the law. If you’re not sure about best practice, or how best to manage, why not see how an education law solicitor can help.

2. As health and safety is such a concern for parents of pupils, it needs to be taken care of. No matter whether conducting a science experiment, or planning a trip abroad, the activity will need to meet the relevant legislations, and the risks will need to be fully assessed.

3. Your policies for pupil and staff discipline will need to be checked regularly to ensure that they are still up to date and valid, and that they are enforceable, and comply with relevant laws.

4. Employment laws still apply in educational establishments, so you’ll need to be aware of laws regarding working hours, staff contracts and workers’ rights.

5. Remember that your recruitment policies need to be fair, and that there is no discrimination within your education establishment. You’ll also need to make sure that all necessary checks are carried out on new staff too.

6. It’s important that staff contracts, and internal policies regarding IT are reviewed regularly to ensure that they are up to date and legally binding. If you’re not sure, why not speak to an education law solicitor?

7. You might be dealing with many suppliers and have lots of contracts for supplying cleaners, meals, emergency cover teachers, IT systems and more. You’ll want to make sure that you’re getting the best deals, and that you’re not being treated unfairly.

8. As some schools and colleges rely on donations and funding, it’s important that all of the money is accounted for, and that the school is run in a right and proper way in order to meet the legal requirements.

9. Perhaps you’re involved in estate management, and buying and selling school grounds or buildings. You’ll want to make sure that you get the best deals, and that you meet the legal requirements, so as not to fall foul of the law.

10. If you’re considering expanding the school, you’ll want to obtain planning permission, and to make sure that it is in the best interests of the school. There will also be construction and environmental laws that will need to be considered too.