Educational Law is the process of education and constitutional law, both state and federal laws as they relate to common educational law issues will be discussed. In addition there is also a Case law analysis and a discussion on the vital role of progressive precedent. Moving forward the topic of public education agencies (Admission and attendance requirements.) Several discussions on student services: what’s required and what isn’t? A very controversial topic includes education and religion the First Amendment protection: “establishment” clause and “free exercise” clause. This opens up the questions and discussions on the types of conflicts: curriculum challenges, prayer, bible study. General principles of torts which include the duty of care and “reasonable person standard,” variables. The Torts in School Settings Corporal punishment standards. supervision liability: negligent supervision most common. Discrimination prohibited: gender, ethnicity, age, disability; Americans with Disabilities Act (ADA) and Section 504 require reasonable accommodations. Personal Civil Rights of teachers procedural rights include due process and is similar to that enjoyed by all citizens, but with some special rules. Substantive rights include freedom of expression (academic freedom) and privacy. Student Rights and Discipline Procedural rights include due process and is similar to that enjoyed by all citizens, but with some special rules. Substantive rights include security, safety, freedom of expression. privacy. Remedies for Discrimination Ethnic: segregation and affirmative action, testing a placement, limited English proficiency. Gender: segregated schools, abuse and harassment, discrimination prohibited. Alien children and employees: children have right to an education; adults don’t necessarily have right to employment in educational institutions. There are often many common questions from parents and students high school and below when it comes to certain specific educational law issues. The issue covered will be discipline, search and seizure, religious freedom (I.E. do I have to say the pledge of allegiance, can I read a bible during free time. ) I plan to outline the process of suspension from school districts and the appropriate appeal process. In addition, also try to touch on segregation by race and or gender. I will be referencing major constitutional law cases and include progressive references as to the use of smart phones and technology. This guide is to serve as a mini reference starter kit to the practice of Educational law.
