Federal Laws Governing Education in the United States

Education in the United States is a multifaceted domain shaped by a combination of federal and state regulations. While the primary responsibility for establishing policy and providing funding for elementary and secondary education rests with the states and their instrumentalities, the federal government plays a crucial role in ensuring equal access to educational opportunities and supporting states and local entities in improving the quality of education. This article explores the key federal laws that govern education in the U.S., encompassing elementary, secondary, and postsecondary levels.

The Role of the Federal Government in Education

The federal government's involvement in education aims to supplement state and local funding, promote equal access to educational opportunities, and improve the quality of education across the nation. The Department of Education (ED), established in 1979, serves as the primary federal agency responsible for administering federal education programs. These programs encompass a wide range of initiatives, including financial aid for postsecondary students, early childhood care and education, child nutrition, school health clinics, and workforce development.

Landmark Supreme Court Cases Shaping Education

Several landmark Supreme Court cases have significantly influenced the landscape of education law in the United States, addressing critical issues such as equality, desegregation, and the rights of students from diverse backgrounds.

Brown v. Board of Education: The End of "Separate but Equal"

The landmark case of Brown v. Board of Education challenged the "separate but equal" doctrine established in Plessy v. Ferguson, which allowed for segregation based on race as long as facilities were substantially equal. In Brown v. Board of Education, African American children in Kansas, South Carolina, Virginia, and Delaware were denied admission to public schools attended by white children due to laws requiring or permitting segregation based on race.

The Supreme Court, under Chief Justice Warren, unanimously concluded that separate educational facilities are inherently unequal, emphasizing that education is perhaps the most important function of state and local governments and the foundation of good citizenship. The Court recognized that education includes intangible considerations, such as the ability to study, engage in discussions with other students, and learn a profession. This landmark decision paved the way for desegregation in schools across the nation.

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Cooper v. Aaron: Upholding the Authority of the Supreme Court

Following the Brown v. Board of Education decision, Cooper v. Aaron addressed resistance to desegregation efforts in Arkansas. In 1957, the Governor of Arkansas dispatched the Arkansas National Guard to prevent nine African American students from entering Central High School.

The Supreme Court unanimously held that law and order cannot be preserved by depriving African American children of their constitutional rights. The Court asserted that its interpretation of the Constitution in the Brown case, which declared segregation in public schools unconstitutional, could not be nullified by state legislators, executives, or judicial officers through evasive schemes for segregation. Cooper v. Aaron reaffirmed the Supreme Court's ultimate authority in determining the meaning of the Constitution and ensuring that states comply with its rulings.

Plyler v. Doe: Education for Undocumented Children

Plyler v. Doe addressed the issue of whether undocumented children have the right to attend public schools. A class action lawsuit was filed on behalf of certain school-age children of Mexican origin residing in Texas who could not establish that they had been legally admitted into the United States. The Texas legislation in question denied funding for the education of undocumented children.

By a 5-4 vote, the Supreme Court concluded that the Texas legislation violated the Equal Protection Clause. The Court recognized that while the state has a legitimate interest in protecting itself from an influx of illegal immigrants, there was no evidence to suggest that any immigrants came to the country to avail themselves of a free education. Justice Powell emphasized the unique character of the case, noting that under the Texas law, a group of children is deprived of the opportunity for education because of a violation of law by their parents.

Key Federal Laws Governing Education

The majority of federal programs, activities, and benefits supportive of education are authorized by a few major education laws, which Congress periodically modifies or reauthorizes. These laws play a crucial role in shaping the landscape of education in the United States.

Elementary and Secondary Education Act (ESEA)

The ESEA, enacted in 1965 and last reauthorized in 2015 by the Every Student Succeeds Act (ESSA), is the cornerstone of federal education policy for elementary and secondary schools. Title I-A, the largest ESEA program, provides compensatory grants to local educational agencies (LEAs) to fund educational and related services for low-achieving and other students who attend elementary and secondary schools with relatively high concentrations of students from low-income families.

Receipt of Title I-A funds is conditioned upon acceptance of certain educational accountability requirements, such as standards, assessments, and identifying low-performing schools. Other ESEA programs support rural schools, teacher recruitment, instruction for English language learners, afterschool activities, the expansion of charter and magnet schools, and education services for Indian, Native Hawaiian, and Alaska Native students.

Adult Education and Family Literacy Act (AEFLA)

The AEFLA, enacted in 1998 and reauthorized in 2014 through the Workforce Innovation and Opportunity Act (WIOA), is the primary federal law supporting basic education for out-of-school adults, commonly referred to as adult education. AEFLA programs mainly support educational services at the secondary level and below and English language instruction.

Individuals with Disabilities Education Act (IDEA)

The federal government has provided support for the education of children with disabilities since the 1960s. In 1975, Congress enacted P.L. 94-142 (now known as the IDEA), which authorizes grant programs that support early intervention and special education services for children with disabilities from birth to age 21.

Over 90% of IDEA funds are appropriated for Part B, which authorizes grants to states for special education services for school-aged children. As a condition of receiving these funds, states must provide certain substantive and procedural protections for students with disabilities.

Rehabilitation Act (RA)

Under the RA, funds are provided to support vocational rehabilitation (VR) services primarily through the VR State Grants program, which supports services to help individuals with disabilities prepare for and engage in employment. The RA was amended and the VR State Grants program reauthorized by Title IV of the WIOA.

Carl D. Perkins Career and Technical Education Act

Federal support for career and technical education (CTE) dates back to 1917. Currently, the Carl D. Perkins Career and Technical Education Act of 2006 is the primary federal law supporting CTE. It authorizes a state grant program to support CTE activities at the secondary and postsecondary education levels. The Perkins Act was reauthorized by the Strengthening Career and Technical Education for the 21st Century Act.

Higher Education Act (HEA)

The HEA, enacted in 1965, was last comprehensively reauthorized by the Higher Education Opportunity Act of 2008 and has since been amended by other laws. Title IV of the HEA authorizes an array of federal student aid programs that assist students and their families in financing postsecondary education expenses.

The Federal Pell Grant program provides need-based grant aid to low-income undergraduate students and is the largest single source of federal grant aid for postsecondary education. The William D. Ford Federal Direct Loan program makes federally funded loans available to students and their families. The Federal Work-Study (FWS) program subsidizes part-time employment for students with financial need. The HEA also authorizes programs providing federal support directly to institutions of higher education (IHEs).

Other Federal Laws and Initiatives Impacting Education

In addition to the major laws outlined above, numerous other federal laws and initiatives impact education in the United States, addressing various aspects of education from early childhood to higher education.

Civil Rights Laws

The Department of Education is charged with enforcing various civil rights laws that prohibit discrimination in all programs or activities that receive federal financial assistance. These include:

Title VI of the Civil Rights Act of 1964 (prohibits discrimination based on race, color, or national origin)
Title IX of the Education Amendments of 1972 (prohibits discrimination based on sex)
Section 504 of the Rehabilitation Act of 1973 (prohibits discrimination based on disability)
The Age Discrimination Act of 1975 (prohibits discrimination based on age)
Title II of the Americans with Disabilities Act of 1990

Efforts to Gather Statistics on Education

Efforts to gather statistics on the condition and progress of education date back to 1867, and a coordinated national educational research and development effort began to take shape with the creation of the National Institute of Education in 1974. The Education Sciences Reform Act (ESRA) was enacted in 2002 and substantially revised federal research and statistics programs. It established the Institute of Education Sciences (IES) as an independent research arm of ED, consisting of four research centers.

The ESRA also enacted the Educational Technical Assistance Act (ETAA), which authorizes the Secretary of Education to make grants to states for statewide longitudinal data systems, and the National Assessment of Educational Progress Authorization Act (NAEPAA), which authorizes national, state, and long-term assessments in reading and mathematics, collectively referred to as the National Assessment of Educational Progress (NAEP).

Additional Acts

Pub. L. 114-95: Every Student Succeeds Act (ESSA), reauthorizing the Elementary and Secondary Education Act.
Pub. L. 89-329: Higher Education Act (HEA).
Pub. L. 101-476: Individuals with Disabilities Education Act (IDEA).
Pub. L. 100-77: Stewart B. McKinney Homeless Assistance Act, addressing the educational needs of homeless children and youth.
Pub. L. 107-110: No Child Left Behind Act (NCLB), a previous reauthorization of the Elementary and Secondary Education Act.
Pub. L. 78-346: Servicemen's Readjustment Act of 1944 (G.I. Bill), providing educational benefits for World War II veterans.
Pub. L. 88-352: Civil Rights Act of 1964, prohibiting discrimination in public accommodations, including schools.
Pub. L. 92-318: Education Amendments of 1972, including Title IX, which prohibits sex-based discrimination in education.
Pub. L. 93-112: Rehabilitation Act of 1973, prohibiting discrimination based on disability.
Pub. L. 94-135: Age Discrimination Act of 1975, prohibiting discrimination based on age.
Pub. L. 96-88: Department of Education Organization Act, establishing the Department of Education.
Pub. L. 98-377: Emergency Mathematics and Science Education Act, implementing measures to promote math and science education.
Pub. L. 98-479: Equal Access Act, requiring schools to provide equal access to extracurricular clubs without discriminating by belief.
Pub. L. 98-524: Carl D. Perkins Vocational Education Act, renaming the Vocational Education Act.
Pub. L. 101-336: Americans with Disabilities Act of 1990, prohibiting discrimination against individuals with disabilities.
Pub. L. 103-227: Goals 2000: Educate America Act, creating a national education reform framework.
Pub. L. 103-382: Improving America's Schools Act of 1994, reauthorizing the Elementary and Secondary Education Act.
Pub. L. 105-17: Individuals with Disabilities Education Act Amendments of 1997, further strengthening protections for students with disabilities.
Pub. L. 105-244: Higher Education Amendments of 1998, reauthorizing the Higher Education Act.
Pub. L. 107-279: Education Sciences Reform Act of 2002, reforming federal education research and statistics programs.
Pub. L. 108-446: Individuals with Disabilities Education Improvement Act of 2004, reauthorizing the Individuals with Disabilities Education Act.
Pub. L. 110-315: Higher Education Opportunity Act of 2008, reauthorizing the Higher Education Act.
Pub. L. 114-95: Every Student Succeeds Act of 2015, reauthorizing the Elementary and Secondary Education Act.

State and Local Control Over Education

While federal laws play a significant role in shaping education policy, it's crucial to recognize that states have primary responsibility for the operation and oversight of public schools. Each state constitution requires the state to maintain a public school system so that children can receive an education. State legislatures have broad authority to shape school policy, as long as it aligns with their constitution. In most states, the legislature delegates this authority to a state board of education.

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