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Education is administered through the public school system by the Department of Education. Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education. In Illinois, the State Board of Education, ISBE, is charged with the responsibility to administer public education.
There is a strong concern with equality in education. Within states this leads to efforts to assure each child no matter where he or she is situated receives an adequate education. The Equal Education Opportunities Act of 1974 provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex, or national origin.
Parents have a fundamental right to direct the education of their children, including the right to choose a private school. However, states have the power to regulate private schools. That power is limited because the majority of private schools are religious institutions. The U.S. Constitution restricts public funding of private schools. See Establishment Clause. Consequently, there have been numerous Supreme Court opinions delineating the bounds of what is and is not public funding.
For children with disabilities special education is available. To qualify for special education a child's disability must adversely affect the child's educational performance. The Individuals with Disabilities Education Act establishes a process for evaluating a child's special needs and for providing an individualized education program. The Federal Act is binding on all states. In addition, most states have their own laws which parallel the Act. Under the Act, parents and families of special education children have specific rights such as the right to inspect the child's school records.
Homeschooling is an option for some families. Homeschooling is legal in all fifty states, but it requires a large time commitment on the part of the family. In some states parents need to register their intent to homeschool with the department of education or the local district school board. In addition, many states require yearly proof of progress. States do not provide many services to homeschools, though some allow students to attend public school classes and to participate in public school activities.
If you have a question regarding education law, or need an education law attorney who has won several significant court victories against boards of education in the areas of zero tolerance violations, teacher rights, or student discipline, please contact us for a Free Education Law Consultation.