Education Law Terms

This page was requested by my students in my teaching evaluations. Since I am going to the trouble to write it, might as well share it with the world. Enjoy.

Certiorari: A grant of review. Used most frequently when the Supeme Court decides to grant or deny "cert."

FAPE: Free Appropriate Public Education. This is the standard articulated in the Individuals with Disabilities Education Act that schools are required to provide to all disabled children. The case of Hendrick Hudson Sch. Dist. v. Rowley, which found that it did not mean an education with the maximum benefit for the child, but rather FAPE must provide some educational benefit to the child.

in loco parentis: in lieu of the parent. This is the standard that teachers are held to in relationship to students. It is a duty, meaning that if it is breached and it results in injury, a tort has probably been committed.

in re: in the matter of. We see this a lot in education because it is used frequently in cases with children involved.

Tort: This is a civil wrong. As opposed to criminal. Many cases in education are civil cases, but not torts. Torts always involve an injury of some kind. Negligence is the major tort, but much of negligence is protected by immunity statutes that exempt educators from liability.