education

Education law is a broad area that includes several legal issues related to the public and private school systems. Education is a function of government, generally administered through public schools by the Department of Education. However, states have primary responsibility for the operation and oversight of public schools.

Each state constitution requires the state to maintain a public school system so that children can receive an education. State legislatures have broad authority to shape school policy, so long as it aligns with their constitution. In most states, the legislature delegates this authority to a state board of education.

Equality is a central concern in education. States aim to ensure that all children, regardless of location, have access to a basic education. The Equal Educational Opportunities Act of 1974 prohibits states from denying equal educational opportunities based on race, color, sex, or national origin.

Parents have a fundamental right to guide their children’s education, including choosing private schooling. However, states may regulate private schools, though this authority is limited when those schools have a religious affiliation. The U.S. Constitution restricts public funding of religious schools under the Establishment Clause. As a result, the Supreme Court has issued several rulings that define the limits of public funding in this area.

Children with disabilities have a right to special education services. To qualify, a child’s disability must negatively affect their ability to learn. The Individuals with Disabilities Education Act (IDEA), found at 20 U.S.C. §§ 1400 et seq., sets out the process for assessing a child’s needs and creating an individualized education program (IEP). The Act applies to all states. Many states also have laws that mirror IDEA. Under these laws, families have rights, including the right to review their child’s school records.

Homeschooling is another educational option. Homeschooling is legal in all fifty states, but often requires significant time and effort from families. In many states, parents must notify the education department or school district of their intent to homeschool and may need to show annual proof of academic progress. Most states offer limited support for homeschoolers, although some allow access to public school classes or activities.

U.S. Constitution and Federal Statutes
Federal Agency Regulations
State Statutes

[Last reviewed in July of 2025 by the Wex Definitions Team] 

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