Assessing the characteristics of school law.

What is the nature of school Law? There is no way to answer this question without referring to other fields of law. For instance, educational law results from the dos and don’ts of several fields of law. They include contract law, tort law, administrative law, and constitutional law, just to name a few.

I would also argue that a law is not a universal instrument. A law cannot be so vague that it applies to everything and anyone. A law has to have certain limitations and restrictions regarding its application. This understanding makes it difficult to decipher the nature of school law. But let us dig deeper.

Applying the law in education.

For the application of the law, there is no such a thing as a “School problem.” Educational issues do not always have a clear legal characteristic or even an unequivocal legal identity. There are no special problems in education, which could only take place within a school setting.

Let me also point out that schools are organizations. They are prone to administrative controversies. They are also susceptible to pedagogical issues.

Educational issues may include curriculum problems, student discipline, and personnel disagreements; this is just to name a few. Public school entities are also vulnerable to constitutional problems. To that extent, school officials often found their selves exposed to lawsuits, which allege violations of First Amendment (freedom of speech) or Fourth Amendment claims (unreasonable or unlawful searches and seizures).

It’s difficult to apply the law uniformly in education. But let us examine a few contrasting issues in education.