Education Law
The United States federal government has a Department of Education that oversees the nation's education process. However, each individual state also has its own Department of Education, leaving many decisions about education up to individual states. In addition, many of the legal decisions about education come from individual school districts.Since education is a right that must be made available to all on equal terms, laws have been enacted to protect that right. The government provides public schools for primary and secondary school education.
Public Education Laws
Public education is available to all students. Most states offer education from kindergarten (beginning somewhere around age 5) and ending with twelfth grade (around age 18). Attendance is mandatory for all children of school age, and parents are responsible for sending their children to school (although not necessarily the public school).
It is up to individual state to determine exactly what grades are mandatory. Most states do not require that children attend kindergarten, although almost all parents send their children to kindergarten. Some states require students to attend school up until the time they are 16, and then allow them to drop out before 12th grade. Other states require students to attend school until they are 18; however, once a student reaches the age of 18, he cannot be forced to continue on until graduation from high school.
Many states are now requiring that the school systems under their jurisdiction offer pre-school programs. These programs, often known as Head Start programs, help to prepare students socially and emotionally as well as educationally for primary school.
Private Education Laws
There are many schools that are not operated by the government; they are known as private schools. There are two main types of private school: religious and non-religious. Since these schools do not use public money, they are not bound by the same laws as the public school system.
Private schools have the ability to choose their own curriculum, the number of days students are required to attend school, and many other regulations to which public schools are mandated by the state to follow. However, some states may require their private school students to pass the same tests as public school students pass.
Home Schooling Laws
In recent years, home schooling has become a popular option for parents who do not wish to send their children to public or private schools. The laws governing homeschooling vary greatly from state to state, and are changing constantly as homeschooling becomes more prevalent. Those choosing to homeschool their children should carefully research their state laws regarding education methods, and keep up to date with changes in those laws.
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