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Education Law

Education law is an increasingly complex area of law.  The most common issues involved in Education Law relate to students' rights, education standards, students with special needs, student discipline, school safety, teacher employment, collective bargaining and pers.   Education law involves both federal and state regulation, though our school systems are primarily governed at the state level. 

Under each state's constitution, our children are entitled to a free public education, including students with special needs.  State and federal laws regulate the standards by which our children are the curriculum or programs offered in those schools.  Often, issues arise when the teachings at a particular school are in conflict with a family's beliefs, particularly with regard to religious beliefs.   

The No Child Left Behind Act of 2001 (NCLB) is an integral piece of the main federal law affecting kindergarten through high school education.  Proposed by President Bush, the NCLB was signed into law on January 8th, 2002.  NCLB is built on four principles: accountability for results, more choices for parents, greater local control and flexibility, and an emphasis on doing what works based on scientific research.

State and federal laws also govern teacher and staff rights in our public schools.  The law provides a framework for hiring, disciplining, and firing teachers and other staff members and governs the contract bargaining process between the school districts and the staff. 

For assistance with your case, click here to find Education Law Attorneys near you or find an attorney in a different state.

Legal Articles

  • Special Education Eligibility
    The federal Individuals with Disabilities Education Act (IDEA) requires that a student with a qualified disability be provided with special education or related services so that the student can make effective progress in the general curriculum. How is Eligibility Determined? First, someone must raise a concern about the child’s progress in the general curriculum and make a referral for a … more
  • Federal Stafford Student Loans: Understanding the Promise of the Promissory Note
    Before school begins each semester many students will need to borrow money for tuition and college expenses.  So, they will take out federal student loans.  As federal student loan borrowers, they will be asked to sign a master promissory note.  This is the document that requires them to repay the money that they are borrowing.  Therefore, it is important to understand the … more

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