Introduction to Education Plans in Public Schools
| Author | Andrew M. I. Lee |
| Pages | 15-18 |
WINTER 2020 15
Consider three hypothetical students in
public school. Alejandro is age ten, uses a
wheelchair due to cerebral palsy, and
struggles academically. Ben, age fteen, is a
popular and gregarious teen, who has been
identied with dyslexia and reads with the
help of audiobooks. Caitlin, who is seven, taught herself to
read at a toddler, scores o the charts on IQ tests, and is
frequently bored in class. She also has a life-threatening
peanut allergy.
Based on these limited facts, the three students seem to
have little in common. However, their proles share a
common theme. Each child has unique needs that are
dierent from the typical student. ese kids need something
dierent. ey likely all qualify for an educational plan in
public school to address these needs.
e purpose of this article is to give you a broad overview
of educational plans that public-school students have in the
United States and the laws that govern these plans. is will
give you basic, foundational knowledge that will help you
think about how to advise families with a child who has
unique needs in school.
Keep in mind, however, that this is not a comprehensive
Introduction to Educational Plans
in Public Schools
By ANDREW M. I. LEE
article on educational plans or special education. Many
attorneys and nonlegal professionals spend a lifetime focused
on these issues. Do your own research for the unique
circumstances of any family you serve, and, when appropri-
ate, consult with an education law expert to get more specic
answers.
State and Federal Law
To understand educational plans, it helps to understand how
education policy is set in the United States. Traditionally,
education policy and law is set at the local level. e reasons
for this are beyond the scope of this article, but note that
education is not specically listed as a federal power in the
Constitution, and, per the Tenth Amendment, all powers not
granted to the federal government, are reserved to the states.
Since the rst U.S. public school was founded in 1635 in
Boston, Massachusetts, states and local school districts have
decided what and how kids learn. ey decide what books
they read, what math they need to know, when they attend
school, and so on. Today, states and local school districts still
decide much of education policy. Sometimes, states act in
concert. e Common Core State Standards, for example,
represent a state-led initiative, supported by the federal
Published in Family Advocate, Volume 42, Number 3, Winter 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
To continue reading
Request your trial