School Law

Legal Impact on Schools

Public schools do not operate in a vacuum. They function in an environment that is responsive to external factors, which include parents, the business sector, and the religious community. One increasingly important external influence is the law. It is undeniable that statutes, regulations, and case law are now becoming major factors shaping public education.

As external groups attempt to monitor public education, there is an accompanying concept that state legislatures are enacting more statutes to regulate public education. For example, in 2006 alone, the Illinois General Assembly enacted more than sixty-five new laws that affected public education. To appreciate the extensive scope of school law, it is necessary to understand the numerous sources of laws that affect public education.

The U.S. Constitution does not address public education. More specifically, the word “education” is not found in the Constitution. Therefore, according to its Tenth Amendment, any powers not delegated to the federal government are reserved for the states. Therefore, education is an issue for which states have primary responsibility.

Despite the lack of expressed constitutional authority to govern education, however, the federal government—specifically, the executive and legislative branches—has a significant impact on public education. Specifically, legislative acts such as No Child Left Behind and the Individuals with Disabilities Education Act are federal statutory provisions with which state and local educators must comply. How can this occur if the federal government does not have any reserved powers to govern education? The answer is “money.” The federal government can require certain actions by conditioning federal monies to schools upon compliance with its specifications. Thus, a state or local school district could decline the money and be free of the federal requirements, but for most districts, it is not financially feasible to bypass the federal financial assistance.

Each of the fifty states has a constitution that provides a framework for how it will provide free public education to elementary and secondary students. Most state constitutions include a provision on how public schools will be funded as well as a statement regarding the educational and curricular goals for local schools.

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