Legal and Political Aspects Education Essay

This paper will express my opinion about whether or not education is helped or hindered by the legal process. I will also address how an educator can work to ensure that the school operates consistently within the parameters of federal, state, and local laws, policies, regulations, and statutory requirements. Furthermore, factual and applicable examples will be provided that will support my opinion.

Position/ Opinion

I feel that education has been helped by the legal process. There has been so many different issues and concerns that have been addressed over the years that have helped shape a better learning opportunity for pupils.

According to CAPE 6: External Context and Policy- Education leaders influence political, social, economic, legal and cultural contexts affecting education to improve education policies and practices. This proves to be true through the numerous lawsuits held in courts that have brought fair and just access to all students throughout the years. Some cases include cases specifically for racial segregation and discriminatory treatment to special education such as the Brown v. Board of Education of Topeka (1954) and Board of Education v. Rowley (1982).

In the case of Brown v. Board of Education of Topeka (1954), there were a total of 5 cases. These cases dealt with segregation within our public schools. The five different cases were the following; Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of Prince Edward County (VA.), Bolling v. Sharpe, and Gebhart v. Ethel. These cases addressed one main issue which was that public education to everyone was a constitutional right according to the Fourteenth Amendment and that these rights were being invaded and disobeyed by having colored children think that they were not as worthy as white children. This case ruled that dividing boys and girls on the basis of race was going against what our Constitution guaranteed. This helped our schools get rid of the approved separation that was happening in the public schools.

Another legal example that has helped our schools get equitable access to education within our public schools is the Board of Education v. Rowley (1982). This case involved a little girl that was a deaf student that was in need of a sign language interpreter. Her school refused to provide her with one. Her parents argued and sued due to their belief that the school was violating the Education for All Handicapped Children Act of 1975. This case provided so much insight into the Education of the Handicapped Act (EHA) of 1974, which later became the Individuals with Disabilities Education Act (IDEA) in 1990. It was this case which explained and defined Free and Appropriate Education and all portions of the EHA.

Our education system has grown in many different ways by addressing diversity and our ever changing world. Our world is blessed to be exposed to different race, ethnicity, gender, sexual orientation, language, culture, religion, mental and physical ability, class, and immigration status. Although our school systems are not perfect, they are moving in the right directions and the legal process has supported the changes needed to ensure equal and equitable access to public education. This diversity and inclusion provides a wide range of experiences and educational backgrounds that is essential for our global society. It is critical that our schools demonstrate that appreciation and understanding of all these different backgrounds of our people in the classroom and in our communities. Thus all our students have the right to a quality education and our policy makers continue to hear the people and continue to make positive changes that are influencing a better learning environment for all.

Federal, State, and Local Laws

The numerous cases that have taken place throughout the years has expanded federal, state, and local laws for students within our schools throughout the United States. These laws not only apply to public schools, but also apply to charter schools. “Because they are public schools, charter schools must recognize the constitutional rights of their students and teachers under the terms of the federal and state constitutions-just like traditional public schools.” (California School Law:Third Edition, p.31 ) These laws have made profound changes. Congress has made changes over the last 4 decades that impact acceptance of religion, prohibiting race, color, and national origin discrimination.

Educational opportunities have been extended to everyone regardless of their diversities due to the civil rights laws. According to the United States Department of Education, “The federal civil rights laws have helped bring about profound changes in American education and improved the educational opportunities of millions of students. Many barriers that once prevented minorities, women, individuals with disabilities, and older persons from freely choosing the educational opportunities and careers they would like to pursue have been eliminated.” (United States Department of Education, !999.)

Conclusion

In conclusion, I find that our schools continue to benefit and our helped by the legal process. It is important that we continue to acknowledge that our system isn’t perfect. We must continue to recognize how else we can provide equity and equality to our our educational system to enhance greater educational opportunities. Our laws and regulations preserve the rights of students and their families, they continue to help integrate our students without segregation.

References

1. California School Law:Third Edition. Board of Education of the Hendrick Hudson Central School District v. Rowley. Retrieved March 5, 2019. Retrieved from https://www.britannica.com/topic/Board-of-Education-of-the-Hendrick-Hudson-Central-School-District-v-Rowley
2. Encyclopedia Britannica. Board of Education of the Hendrick Hudson Central School District v. Rowley. Retrieved March 5, 2019. Retrieved from https://www.britannica.com/topic/Board-of-Education-of-the-Hendrick-Hudson-Central-School-District-v-Rowley
3. United States Courts. History-Brown v. Board of Education Re-enactment. Retrieved March 2, 2019. Retrieved from https://www.uscourts.gov/educational-resources/educational-activities/history-brown-v-board-education-re-enactment
4. United States Department of Education. Impact of Civil Rights Laws. Retrieved March 9, 2019. Retrieved from https://www2.ed.gov/about/offices/list/ocr/docs/impact.html

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