Lawful Processes of Opening and Operating a Small School

It is important to remember when considering opening a school that operating a school in the United States (or anywhere else) involves compliance with various federal, state, and local laws and regulations:

1. Licensing and Accreditation: Each state has its own licensing requirements for schools. Private schools may need to meet specific criteria set by state education agencies to obtain a license to operate. Additionally, schools oftentimes seek accreditation from recognized accrediting bodies to demonstrate adherence to quality standards.
2. Education Standards: Federal and state governments establish educational standards that schools must meet. Common Core State Standards (CCSS) are widely adopted academic standards that many states have implemented. These standards define what students are expected to know and be able to do at each grade level in English and Math. Science standards can be found on the Next Generation Science Standards.
3. Non-Discrimination Laws: Schools are required to comply with federal and state non-discrimination laws, such as Title VI of the Civil Rights Act, Title IX of the Education Amendments Act, and the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on race, color, national origin, sex, and disability, among other protected characteristics. More information can be found on the Department of Education site.
4. Special Education: The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive a free and appropriate public education (FAPE). Schools must provide individualized education programs (IEPs) and accommodations to students with disabilities to ensure equal access to education.
5. Health and Safety: Schools are subject to health and safety regulations at the federal, state, and local levels. These regulations may cover areas such as building safety, fire codes, emergency preparedness, health inspections, immunization requirements, and food service regulations.
6. Employee Regulations: Schools must comply with federal and state employment laws, including minimum wage requirements, overtime pay, anti-discrimination laws, and family and medical leave. Schools are also responsible for conducting background checks on employees in accordance with applicable laws.
7. Student Privacy: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of students’ education records. Schools must obtain written consent from parents or eligible students (18 years or older) before disclosing personally identifiable information from education records.
8. Bullying and Harassment: Schools are required to address and prevent bullying and harassment. Many states have enacted laws or established policies to address these issues, outlining procedures for reporting incidents, investigating complaints, and implementing anti-bullying programs.

Education laws and regulations vary by state in the United States, so one must consult with legal professionals or relevant state education agencies to understand the specific legal requirements and regulations in the state where you plan to operate a school.