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Types of School Law
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Family Law
Law dealing with family-related issues and domestic relations that impact schools. Examples include custody disputes affecting where a child can attend school and parental rights concerning education.
Labor Law
Governs the relationship between school districts and their employees, particularly with respect to collective bargaining, worker's rights, and union activities. Examples include laws pertaining to teacher strikes and employment benefits.
Administrative Law
Covers rules and regulations created and enforced by administrative agencies governing education, such as the Department of Education. Examples include regulations on standardized testing and accreditation.
Criminal Law
Involves laws pertaining to crimes and their punishments as they apply to school settings. Examples include laws against carrying weapons on school grounds or distribution of illegal substances.
Statutory Law
Encompasses laws specifically passed by legislative bodies that affect education. Examples include the Individuals with Disabilities Education Act (IDEA) and the Every Student Succeeds Act (ESSA).
Contract Law
Deals with agreements between two or more parties that create mutual obligations enforceable by law. Examples include employment contracts for teachers and service contracts with vendors.
Tort Law
A tort is a civil breach committed against another in which the injured party can sue for damages. In the context of school law, examples include personal injury claims and negligence suits against schools.
Equity Law
Type of law that is meant to apply principles of fairness and is often involved in educational issues like access to educational resources or discrimination. Examples could include lawsuits to achieve school funding equity.
Constitutional Law
Pertains to the interpretation and implementation of the United States Constitution in schools, including rights to free speech and equal protection under the law. Examples include Tinker v. Des Moines Independent Community School Dist.
Case Law
Law established through court decisions rather than written statutes or regulations. Examples include Brown v. Board of Education, which declared state laws establishing separate public schools for black and white students to be unconstitutional.
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