Nature of School Law Img 1

Inconsistent Nature of School Law

The Inconsistent Nature of School Law

The American educational system is not uniform. School districts are different. Sometimes it is because of their demography and characteristics. Other times, it is because of their organizational structures.

School issues are often very distinct. Many a time, it is because of the locus of the incident (on or off school grounds). Other times, it is because of the people involved (or affected). Here, I am referring to students and teachers. School officials often adopt a different approach to issues pertaining to students, as opposed to school staff members. Nonetheless, it could be difficult to ascertain certain educational issues in a vacuum.

In the United States, education-related issues do not reflect the educational landscape of a particular state or even the country as a whole. This is a reality in the aforementioned country because of the nature of educational institutions. Granted, there are run-of-the-mill issues, which are generally present in most school settings.

Limited Application of Existing Laws

No two issues are alike in education. There is no universality in school problems. To that extent, there can be no universality in the laws pertaining to educational matters.

Most laws pertaining to school functioning are too broad. Their application are often broad as well. Such laws were not perforce tailored to apply in any types of issues. Nonetheless, for most observers, there is a need for a universal legal instrument in education. But this viewpoint is not in unanimity.

In sum, it would not be an error to claim that legal disputes are the foundation of educational law. But this area of practice is plagued with discrepancies. Presently, the courts seem unable to provide lasting remedies.

Most education-related issues are ongoing. Certainly, there are nuances. But these issues seem to revolve in the courts. Sadly, this reality seems to be the nature of school law itself.

I would also content that this is perhaps the reason public educational establishments are often the subject of legal disputes.

Ben Wood Johnson, Ph.D.

Ben Wood Johnson, Ph.D.

President/CEO at BWEC, LLC.
Dr. Johnson is an author, educator, and philosopher. He is a multidisciplinary scholar. He writes about Philosophy, Legal Theory, Public/Foreign Policy, Education, Politics, Ethics, Race, and Crime. Dr. Johnson graduated from Penn State and Villanova University. He is fluent in French, Portuguese, Spanish, and Italian. Dr. Johnson enjoys reading, poetry, painting, and music.
Ben Wood Johnson, Ph.D.

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