Education Law - An Overview

Education law covers a variety of different elements of a child's education, including different types of schools, school admissions, exclusions, home schooling, attendance and special needs education.

One of the first sections of education law is school admissions. A parent can state a preference for the school they would like their child or teenager to attend. All children have the right to a attend a state school, if the school that a parent applies to is oversubscribed, they will often have to make a second choice or appeal against the decision. A parent would need to ensure that their child meets the admission criteria for the school that they are applying for before they put forward an appeal.

The second area of education law to consider is school exclusions. There are two types of school exclusion, the first is a fixed term exclusion where the child is given the exact dates of when they must leave and return to the school. A fixed term exclusion will be given when other smaller punishments have not been deemed successful. The second is a permanent exclusion, this is when the child will no longer be allowed to attend their school. A permanent exclusion will only be given if the school and child have tried all the other options unsuccessfully. A parent can appeal against an exclusion as long as the exclusion was for over 5 days.

The next area is home schooling. In the UK, it is legal for a child to be schooled at home providing that the parent can prove to the local authority that their child is getting a decent education from the age of 5 up until they are 16. A child who is home schooled does not need to follow the national curriculum or the usual hours of a school day. The local authority may carry out checks on families that home school to ensure that the children are being well educated. If they discover that the children are being poorly educated they may issue the family with a School Attendance Order which would mean that the child would have to attend school formally. Parents should advise their local authority if they plan to home school their child.

Leading on from this is the matter of school attendance. Parents must ensure that their children are in some kind of education from the age of 5 up until they are 16. Legal action can be taken against parents who do not enforce this. The only legal reasons for a child to be absent from school is if they are sick or if they have arranged the absence with the school beforehand.

Another area of education law covers special needs. Special needs schools are for children who have some kind of learning difficulty or a disability which means they find it harder to learn than other children their age. Schools have specific guidelines for identifying children with special needs and ensuring that they get an education which suits their specific requirements.