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EDUCATION LAW

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One of the many functions of government is to administer the nation's public school system. In this regard, La Morte (1998) reports that the states have the primary responsibility for the maintenance and operation of public schools. However, the Federal Government also has some interest in education and seeks, through the National Institute of Education, to continually improve the country's educational system.

In terms of its specific responsibilities, each state is required by its state constitution to provide a school system in which children may receive an education with state legislatures exercising power over schools in a manner that is considered consistent with the state's constitution. Many state legislatures delegate their power over the school system to a state board of education. This then is the generally framework within which educational law may be best understood.

The purpose of this paper is to provide a brief overview of some of the basic legal concerns and issues associated with education law. Among the issues discussed are: equal opportunity in education, public funding of private schools, religious issues, students with disabilities, and homeschooling. In general, the reviewed issues are examined in terms of students' rights under the American constitution, and the legal efforts to develop laws that maintain these rights for all students regardless of race, creed, or gender. The paper ends with a summary of the revie

. . .
n Lemon v. Kurtzman (1971) 403 U.S. 602, has become blurred and given way to a more flexible approach based, in part, on several recent Supreme Court opinions. Specifically, the Supreme Court has ruled that while public schools may not sponsor religious practices, they may teach about religion. (Engel v. Vitale (1962) 370 U.S. 421.) Also, the study of religious holidays may be included in elementary and secondary curriculum as an opportunity for teaching about religion. This serves the academic goals of educating students about history and cultures, as well as the traditions of a particular religion. However, teachers must be alert to the distinction between teaching about religious holidays which is permissible, and celebrating religious holidays which is not (Kern & Alexander, 2001). Other religious issues, according to Kern and Alexander (2001), involve whether religious symbols can be displayed in public schools with the courts generally ruling that such symbols are permitted but only as examples of cultural and religious heritage; further, religious symbols may be displayed only on a temporary basis as part of the academic program. In terms of students' rights, court rulings have held that students may choose to creat
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Some common words found in the essay are:
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Approximate Word count = 1644
Approximate Pages = 7 (250 words per page)

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