Constitutional regulation and Educational Law

Constitutional Law and Educational Law

Constitutional Law and Educational Law

Introduction

Laws and policies are important tools that can be used to advance the health and safety of children and adolescents in schools. Although some laws and policies might set limitations on health programs, laws and policies can supply education and public health leaders with valuable tools to encourage programs and strategies that foster a natural environment where children and adolescents can flourish and learn. Other agencies (eg, natural environment, zoning, nourishment safety, and mental health, justice, and law enforcement agencies) also may have legal tools that can be used to encourage the health and safety of children and adolescents in schools. The US Department of Education (ED) also serves a vital function by ensuring equal access to education and encouraging educational excellence. Nonetheless, ED is precluded by statute to exercise main heading, supervision, or command over schools and their curricula. Consequently, it is imperative to discover the various legal avenues through which state and local officials may achieve key principle objectives.(Diane, 1999) To date, no one has systematically recognised the full range of relevant legal authorities pertinent to schools that may assist shape the health of children and adolescents.

Section II begins with an examination of the laws and policies at each grade of government (federal, state, and local) in relative to public education. It then reviews the limitations on state power to rule education, encompassing a reconsider of (1) religious influences on public schools, (2) constitutional limits on instructional programs, and (3) student privacy. A number of principles that restrict school-based discrimination (eg, equal protection) are addressed thereafter, pursued by a discussion of municipal liability and immunity.

The function of federal, state, and local laws in public education

The nation's educational system features a convoluted array of public, private, and religious entities that operate schools of varying design, grade levels, populations, and quality. Public schools are the predominant constituent of the US educational system. There are more than 96,000 public schools in the United States to blame for teaching 48 million scholars annually. Eighty-eight per hundred of US school-aged children are registered in public schools. Among US children and adolescents in school, 98% are registered in schools that offer comprehensive educational programs and services. The residual 2% join alternate schools focusing on exceptional or vocational learning or other alternative programs. The nation's children and adolescents, schoolteachers, and other staff collectively ...