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RUNNING HEADER: EDUCATION IS STRUCTURED AND GUIDED BY THE LEGAL PROCESS

Why the Legal Process is Helpful in Education

Robin T. Perkins

School of Education: Concordia University Irvine

EDUA 556: Legal and Political Aspects of Education

Professor Justin Stanfield

March 20, 2022

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EDUCATION IS STRUCTURED AND GUIDED BY THE LEGAL PROCESS

Education is Structured and Guided by the Legal Process

Article 26 of the Universal Declaration of Human Rights states “Everyone has the right

to education [that] shall be directed to the full development of the human personality and to the

strengthening of respect for human rights and fundamental freedoms” (United Nations, 1948).

Although the United States Constitution does not specifically address the right to education,

“The Equal Protection Clause of the 14th Amendment provides that a state may not ‘deny to any

person within its jurisdiction the equal protection of the laws.’ It applies to public elementary and

secondary schools, as they are considered to be state actors” (Johnson, 2017).   This fundamental

right is specifically addressed in Article IX of the California Constitution adopted in 1879.

Section 1 states, “A general diffusion of knowledge and intelligence being essential to the

preservation of the rights and liberties of the people, the Legislature shall encourage by all

suitable means the promotion of intellectual, scientific, moral, and agricultural improvement”

(California Legislative Information (CLI, 1879). Furthering this notion Section 5 states, “The

Legislature shall provide for a system of common schools by which a free school shall be kept

up and supported in each district at least six months in every year, after the first year in which a

school has been established” (CLI, 1879).  The United States and the State of California have

provided legislation that creates a clear expectation of equal opportunity to education for all

learners in California. 

California Educational Code

With the fundamental right to education established, policies and procedures have been

written to provide structure and guidance for schools.  The education codes assist administrators

and districts by setting clear guidelines for everything from the process and procedure of the
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EDUCATION IS STRUCTURED AND GUIDED BY THE LEGAL PROCESS
election of school district board members in educational codes 5000-5095 to the state school

lease-purchase laws in codes 17000-17066 (CLI, n.d.).  Although the sheer number of codes can

be overwhelming, the California Education Codes serve as a blueprint for administrators. The

clear expectations provided by the education codes make meeting those expectations concise and

manageable. In addition, the state of California has designed a website with all California

legislation accessible.  The site is intuitive and user-friendly providing helpful, immediate access

to all educational policies and procedures that govern education in the state.  This access further

benefits administrators as they can quickly research and implement California educational law.

Implementation of Federal and State Law

The positive impact of the legal codes that govern education can be found in the laws

surrounding the education of individuals with disabilities.  In 1990 the Individuals with

Disabilities Education Act (IDEA) replaced the Education for All Handicapped Children Act

passed by Congress in 1975.  Once excluding nearly 1.8 million children from public education,

in the 2018-2019 school year, “more than 7.5 million children with disabilities with special

education and related services designed to meet their individual needs (U.S. Department of

Education (USDE), 2022).  The four parts of the IDEA act are broken into part A-general

provisions, Part B-assistance for the education of all children with disabilities, Part C-infants and

toddlers with disabilities, and Part D-national activities to improve the education of children with

disabilities (USDE, 2019).   Each part provides specific expectations that assist administrators in

implementation. Section 1412 of IDEA provides information about state eligibility. This section

is further broken down into 25 subsections that provide rules, definitions, guidance, and

limitations as they pertain to the education of individuals with disabilities.  The subsections

include “free appropriate public education, full educational opportunity goal, child find,
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EDUCATION IS STRUCTURED AND GUIDED BY THE LEGAL PROCESS
Individualized Education Program (IEP), procedural safeguards, and many more topics (USDE,

2019).   The clarity of the federal laws governing IDEA provides direction to states and local

districts.

California provides additional laws, regulations, and policies that govern special

education. Districts and administrators utilize these statutes to implement Special Education

programs in all counties in the state of California.  The California Special Education Reference

(CASER) site provides all statutes and codes that apply to the implementation of special

education in the state.  An example is seen in Article 3 Section 56344 which states that an IEP

must be developed within 60 days of assessment of a student (CASER, 2007).  This example

shows that guidance is provided while also placing specific time frames upon implementation

thus assisting the administration in execution.  Adherence to governing codes allows educators to

ensure that they are operating within the parameters set forth by federal, state, and local laws. 

The Benefits of Legislation

As all students have a right to education, school districts and administrators work each

day to provide high-quality education for all learners.  Of late, this task has been very difficult as

there have been many procedural inconsistencies due to COVID19.  Our school site struggled to

serve students who needed educational assessments that were put on hold when students were in

distance learning rather than in person.  More than ever, it was apparent that statutes and

governance are a positive guiding force for educators.  “Gray areas” create challenges for

educational administrators.  In contrast, concrete, specific enforceable laws help districts and

administrators to be more efficient and effective while operating in accord with federal, state,

and local laws. Education is clearly helped by the legal process as policies, statutes, and codes

provided by Legislation benefit educators by granting much-needed structure. 

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EDUCATION IS STRUCTURED AND GUIDED BY THE LEGAL PROCESS

References

California Legislative Information. (1879). Article IX Education [section 1- sec. 16]. 

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?

lawCode=CONS&division=&title=&part=&chapter=&article=IX

California Legislative Information. (n.d.) Educational Code-EDC.

https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?

tocCode=EDC&tocTitle=+Education+Code+-+EDC

California Special Education Reference. (2007, October 10). 56344. California Department of

Education. Retrieved March 19, 2022 from https://caser.specialedreference.com/

Johnson, S. F. (2017, April 20). The 14th Amendment protects the right to public education.

Concord Law School- Purdue University Global. Retrieved March 19, 2022 from  

https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-

rights-education/

United Nations. (1948, Dec. 10). Universal Declaration of Human Rights. Retrieved March 19,

2022 from https://www.un.org/en/about-us/universal-declaration-of-human-rights

U.S. Department of Education. (2022, March 18). Individuals with Disabilities Act: A history of

the Individuals with Disabilities Education Act. U.S. Department of Education. Retrieved

March 19, 2022 from https://sites.ed.gov/idea/IDEA-History

U.S. Department of Education. (2019, Nov. 7). Individuals with Disabilities Act: Statute and

regulations. U.S. Department of Education. Retrieved March 19, 2022 from

https://sites.ed.gov/idea/statuteregulations/