Education is one of the government functions. It is controlled through the public school system by the Department of Education. Consequently, the states have primary amenability for the maintenance and operation of public schools. And the Federal Government also is interested in education. To improve education in the United States the National Institute of Education was created.
Every state has its own constitution to provide a school system whereby children may receive an education. Besides, state legislatures exercise power over schools in any manner reliable with the state's constitution. Power over the school system is entrusted with many state legislatures to a state board of education.
A strong concern exists with parity in education. This leads to efforts for ensuring that each child no matter where he or she is situated receives a sufficient education. No state shall contradict equal educational opportunity to an individual on the basis of race, color, sex, or national origin. This is what the Equal Education Opportunities Act of 1974 provides.
However, parents have a fundamental right to direct the education of their children, including the right to choose a private school. States have the power to control private schools. Because of that fact that the majority of private schools are religious institutions that power is limited. Public funding of private schools is confined with the U.S. Constitution. As a result, there have been many Supreme Court opinions delineating the limits of what is and is not public funding.
 Special education is available for children with disabilities. But for qualifying for special education a child's disability must adversely affect the child's educational fulfillment. Moreover, the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq) establishes a process for evaluating a child's special needs and for providing an individualized education program.
As for the Federal Act, it is binding on all states. Additionally, most states have their own laws which parallel the Act. Under the Act, parents and families of special education children have special rights such as the right to inspect the child's school records.
Moreover, some families have another alternative and this is home schooling. Home schooling is legal in all fifty states. It requires a large time commitment on the part of the family. Some states demand to register parents' intent to home school with the department of education or the local district school board. Yearly proof of progress is also required. However, some states allow students to attend public school classes and to participate in public school activities. But many states do not provide many services to home schools.
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