Educational Law

The Education Department oversees the way education is administered through the public school system. The states have primary responsibility for the maintenance and operation of public schools. Each state is required by its constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education.

The Equal Education Opportunities Act of 1974 provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex or national origin.

Parents have a fundamental right to direct the education of their children, including the right to choose a private school. However, states have the power to regulate private schools. That power is limited because the majority of private schools are religious institutions. The U.S. Constitution restricts public funding of private schools. Consequently, many Supreme Court opinions have delineated the bounds of what is and is not public funding.

For children with disabilities, special education is available. To qualify for special education, a child's disability must adversely affect the child's educational performance. The Individuals with Disabilities Education Act establishes a process for evaluating a child's special needs and providing an individualized education program. Most states have their own laws that parallel the act. Under the act, parents and families of special-education children have rights that include the right to inspect the child's school records.

Homeschooling is an option some families choose. It is legal in all states. In some states, parents must register their intent to home school. In addition, many states require yearly proof of progress. States do not provide many services to home schools, though some allow students to attend public school classes and participate in public school activities.

Last update: Sept. 11, 2008

The content on this page was developed in partnership with the Legal Information Institute, Cornell Law School.