Legal Question in Education Law in Pennsylvania
primary and secondary education as a guaranteed right or privilige
Primary and secondary school attendance are required under states' compulsory
attendance laws. Is receiving a free public education a right that is guaranteed
under the U.S. Constitution or is it access to free public education that is a right
guaranteed under the U.S. Constitution?
2 Answers from Attorneys
Re: primary and secondary education as a guaranteed right or privilige
The U.S. Constitution does not contain provisions related to public education. In the U.S. public education is primarily under control of the individual states. In Pennsylvania, the Public School Code (24 P.S. sec 13-1300 et. seq.) sets forth numerous rights and requirements including free school privileges (sec. 13-1302.) Students with disbilities enjoy certain rights and guarantees that their non-disable counterparts do not pursuant to certain federal laws. If there is a specific problem you encountered with your school, feel free to contact me.
Re: primary and secondary education as a guaranteed right or privilige
The U.S. Constitution does not mention education in any way. There is no right to a free public education or access to a free public education guaranteed by the U.S. Constitution.
The right to a free public education is guaranteed in state law. The PA constitution contains a guarantee of a "thorough and efficient" public education system.
The PA school code contains various guarantees and rights regarding education. There are federal laws which cover individuals with disabilities. Violating these laws can result in a constitutional claim regarding due process or discrimination.
That's a general answer. If you have a specific problem, please repost.
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