Education law covers all elements of a child’s education. This includes different types of schools, school admissions, exclusions, home schooling, attendance and special needs education.

One of the first sections of education law is school admissions. A parent can state a preference for the school they would like their child or teenager to attend. While all children have the right to a state education, if the school that a parent applies to is oversubscribed, they may have to make a second choice or appeal against the decision. A parent would have to ensure that their child meets the admission criteria for the school that they are applying for before they make an appeal.

The second area of education law to consider is school exclusions. There are two types of school exclusion, the first is a fixed term exclusion where the child is given the exact dates of when they must leave and return to the school. A fixed term exclusion will be given when other smaller punishments have not been successful. The second is a permanent exclusion where the child will no longer be allowed to attend their school. A permanent exclusion will only be given if the school and child have tried all other options unsuccessfully. A parent can appeal against an exclusion as long as the exclusion was for a period of over 5 days.

The next area of education law is home schooling. In the UK, it is legal for a child to be schooled at home providing that the parent can prove to the local authority that their child is getting a good education from the age of 5 up until they are 16. A child who is home schooled does not have to follow the national curriculum or the usual hours of a school day. The local authority may carry out checks on families that home school to ensure that the children are being well educated. If they find that the children are being poorly educated they may issue the family with a School Attendance Order which would mean that the child would have to attend school formally. Parents should advise their local authority if they plan to home school their child.

Leading on from this in education law if the matter of school attendance. Parents must ensure that their children are in some kind of education from the age of 5 up until they are 16. Legal action will be taken against parents who do not enforce this. The only legal reasons for a child to be absent from school is if they are sick or if they have arranged the absence with the school beforehand.

Another area of education law covers special needs. Special needs schools are for children who have a learning difficulty or a disability which means they find it harder to learn than other children their age. Schools have specific guidelines for identifying children with special needs and ensuring that they get an education which suits their specific requirements.

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.

If you work in a school or other education establishment then you might already be aware of why education law is playing such an important role in modern education.

Here’s what you need to know

1. Schools are just as accountable and responsible as other businesses, and have to meet the same sort of regulations.

2. Compliance with relevant education laws and government policies is essential, and an experienced education solicitor can make sure that your school or university isn’t breaking any laws.

3. Your school will be dealing with many suppliers, and will be buying lots of goods and services. Education law can also help you make sure that the contracts you negotiate and sign are legal, and in your best interests.

4. Unfortunately pupil discipline is becoming more of an issue in modern education. It is important that you know what you can and can’t do to discipline your pupils.

5. Charity law can also apply to schools if they received donations or funding. By knowing how to deal with the paperwork and legal implications involved, you can make sure that you stay on the right side of the law.

6. Estate management is another important area of education. Perhaps you are considering buying or selling land for the school, or want help when hiring contractors.

7. Like in other sectors, it is important to remember that construction, planning and environmental laws also apply to schools too. If you’re in the process of having a new wing built, or wanting to make more of your playing fields, you’ll need to make sure that the plans are legal.

8. Employment law still applies in schools, so that you’ll need to make sure that all of your employees are treated fairly so as not to breach employment laws.

9. When recruiting new staff, you might additional skills to be verified, or checks to be carried out. An education solicitor will be able to help ensure that your recruitment process is up to date and legal.

10. Health and Safety issues and schools always seem to be in the news, and often for the wrong reasons, so it’s important that your staff know exactly how lessons should be carried out, cleaning should be done, and how any other potential hazards can be identified and minimised to reduce the risk of injury or disease to pupils and staff.

Now you know more how important knowing about and adhering to relevant education laws is, perhaps it’s time for you to make sure your policies and procedures comply with Education Law.