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The three basic sources of public school law are the U.S. Constitution, statutes and regulations, and case law. The U.S. Constitution is the supreme law of the land. All statutes enacted by the U.S. Congress, state and local governments, and even boards of education are subject to the provisions of the Constitution (Russo, 2018). The original Constitution outlined the duties and powers of the federal government. Concern that the Constitution provided the foundation for a federal government that was too powerful led to the passage in 1791 of 10 amendments to the Constitution, the Bill of Rights. The Bill of Rights was created to provide a more distinct balance of power between the federal government and the states and to safeguard the rights of individual citizens. The remaining amendments, 11th through 26th, were adopted between 1795 and 1971.

No fundamental right to an education is guaranteed to citizens in the Constitution; however, the right to a public school education falls within the penumbra of the Constitution (see San Antonio Independent School District v. Rodriguez, 1973). As will be seen, the Constitution has been the foundation for many decisions affecting public school education, including the right to equal educational opportunity, student rights in the school setting, and church–state–school relationships. Portions of the Constitution most pertinent to education law are shown in Exhibit 2.1. The 10th, 14th, First, and Fourth Amendments are discussed next.