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Education Law

This guide is an overview of the resources on Education Law which are available at the Charleston School of Law and on the Internet.

Important Federal Legislation


Cost Effective Research Tip: The text and CRS summary of all the laws below, beginning with those passed after 1972, are freely available on the Congress.gov website.

  • Northwest Territory Ordinance of 1787                                                    
    Set aside land to support schools. Enacted under the Articles of Confederation. July 13, 1787.                               

Legal Authorization for Creation of Free Public Schools

The U.S. Constitution is silent on the issue of education, making its administration largely the responsibility of the individual states. However, all levels of government must adhere to the Constitution's dictates, particularly those prohibiting discrimination. Therefore,  there is a considerable amount of federal legislation governing education policy. See the adjoining column.

From the South Carolina Constitution
Section 3. System of free public schools and other public institutions of learning.

The General Assembly shall provide for the maintenance and support of a system of free public schools open to all children in the State and shall establish, organize and support such other public institutions of learning, as may be desirable. (1972 (57) 3193; 1973 (58) 44.) S.C. Const. art. XI, §3

 

South Carolina Code of Laws

Chapter 59 of the Code of Laws of South Carolina covers education - Cost Effective Resource

50 State Education Laws

  • State Statutes
    State Statutes Annotated Multibase has statutes and constitutions from all 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands. (WestlawNext) 

Research Tip - Federal Legislative History

Should you need to do legislative history research, the Library database ProQuest Congressional is a source for prepared legislative histories, CRS Reports, House and Senate Reports, and House and Senate documents.

 

 

Cost Effective Resource - Congress.gov, from the Library of Congress. The legislative history material found here extends only as far back as 1973.