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The area of education law pertains to matters involving schools, educational systems, and school boards responsible for educating our children. Each state as well as local subdivisions create, maintain and operate their own school system, which reflects the major differences among the states in financing and managing public schools.

The public school system is administered locally through the state department of education. The states, therefore, have primary responsibility for the maintenance and operation of public schools. Each state is required by its state constitution to provide a school system to educate its children. Many state legislatures delegate power over the school system to a state board of education. Taxation methods to fund school systems varies by state. The Equal Education Opportunities Act of 1974 provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex, or national origin.

States also have the power to regulate private schools and home schools. In some states parents need to register their intent to homeschool with the department of education or the local district school board. In addition, many states require yearly proof of progress. The U.S. Constitution restricts public funding of private schools.