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Education Law

History, Student Speech And The First Amendment, Searches Of Students And Lockers, Separation Of Church And State

The body of state and federal constitutional provisions; local, state, and federal statutes; court opinions; and government regulations that provide the legal framework for educational institutions.

The laws that control public education can be divided into two categories: those written exclusively for schools and those pertaining to society in general. Federal statutes regarding the education of children with disabilities are an example of the former, and Title VII (CIVIL RIGHTS ACT OF 1964, §§ 701 et seq., as amended, 42 U.S.C.A. §§ 2000e et seq.), a federal statute that covers employment in schools and elsewhere, is an example of the latter. Much of the litigation, legislation, and debate in education law has concerned nine main issues: student speech and expression; searches of students; the separation of church and state; racial SEGREGATION; the education of disabled children; EMPLOYMENT LAW; employee SEXUAL HARASSMENT and abuse of students; instructional programming; and the financing of public education.

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