Education Law - An Overview

Education Law takes care of any legal issues aroundinstitution is found to be liable for an injury that has
education. There are many areas of education whereoccurred while the victim was at the premises.
law dictates how things work. Here we take a briefDISCRIMINATION
look at some areas that are covered by educationStudents (and teachers) cannot be discriminated
law.against for any reason. Everyone must be treated
EMPLOYMENTequally irrespective of gender, age, race, sexuality or
Just like any other business anyone who works forreligion.
an educational institution, such as a school, college orFINANCE & FUNDING
university, must act and be treated according to theCertain rules apply as to how different institutions
normal employment laws.can acquire funding. For example, states schools have
EUROPEAN LAWto be free for all. Different regulations apply to state
There are European laws that dictate certain areasand private institutions, as they do depending on
of education law. This is likely to increase in the nearwhat type of institution they are (e.g. schools and
future, with the Lisbon Treaty going through. Thisuniversities are treated differently).
means that many of the education laws are likely toSTUDENT ADMISSION
be uniform across Europe.This is an area that has been much debated recently.
INSTITUTION RESPONSIBILITIESRules that decide who has the right to attend a
There are certain responsibilities set out by law thatspecific school are set out by law, something that is
educational institutions must abide by. They have abased on the geographical areas in which they live.
duty to teach certain things (depending on the typeMany parents have been known to dispute these
of institution) and sometimes they have certaindecisions.
procedures which they must follow. For exampleSTUDENTS TAKING ACTION AGAINST EACH
secondary schools must teach certain subject, suchOTHER
as English, Maths and Science.Although rare, there are some occasions where
TRAININGstudents have taken legal action against each other
Anyone working in education must be trainedusing education law solicitors, with the most common
sufficiently to fulfil their specific role. School teachersreason being that they have been bullied by the
have to have formal training, both to make sure theystudent in question.
have the skills to teach children and to make sureDISCIPLINE
they know their subject areas sufficiently.There are laws stating forms of discipline that can be
CHILD CAREcarried out. In the past physical punishment was legal
Educational institutions have a duty of care. Thosebut this is no longer the case. There can also be
looking after children must be deemed fit to take ondisputes where children have been excluded from
such a role. This can include background checks soschool.
everything possible is done to make sure children arePOSSESSION OF SUBSTANCES
safe in their care.Certain substances are banned by law from premises.
SPECIAL NEEDSIllegal drugs are obviously not allowed, but cigarettes
Institutions have a legal obligation to meet the needsand alcohol are also not deemed acceptable at certain
of those with special needs to make sure that theypremises. This mostly applies to schools.
are given the same opportunities as others.SEARCHING
HEALTH & SAFETYStudents are allowed to be searched on occasions
There are health and safety guidelines that must bebut only when there is sufficient suspicion that they
followed. Premises must be deemed safe forhave broken rules. This can include searching pocket,
purpose. Compensation might be payable if anbags and lockers.