Legal Definitions - school

A school generally refers to an institution dedicated to teaching and learning, especially for children. However, in legal contexts such as statutes, regulations, or contracts, the term often carries a more specific meaning.

Unless a legal document explicitly states otherwise, "school" typically refers to elementary, middle, or high schools (K-12 education) that are publicly funded and open to all children in a specific geographic area. It usually does not automatically include universities, colleges, or specialized vocational training centers unless the intent to include such institutions is clearly indicated within the legal text.

• Public School (also known as a Common School): This is an educational institution established under state law, regulated by local government authorities, and funded primarily through public taxation. Public schools provide free education to all eligible children residing within their designated school district.
• Private School: This type of institution is operated by private individuals, religious organizations, or corporations. Private schools are typically funded through tuition fees, donations, or endowments, and often have specific admission criteria, such as academic performance, religious affiliation, or other qualifications.

Examples:

• Imagine a state law that mandates all "schools" must conduct emergency preparedness drills monthly. In the absence of further clarification, this law would primarily apply to public elementary, middle, and high schools within the state. It would not typically extend to a local university campus or a private culinary academy, as these are generally considered institutions of higher education or specialized training, unless the law specifically included them.

  This example illustrates the common legal interpretation where "school" primarily refers to K-12 public educational institutions.

• A local government offers a property tax exemption for land used exclusively for "school" purposes. A religious organization applies for this exemption for the property where its K-8 religious academy is located, which charges tuition. The exemption would likely be granted because the academy fits the definition of a private school, providing K-12 education, even though it is not publicly funded.

  This demonstrates how a private institution providing K-12 education can fall under the legal definition of "school" for certain purposes, distinguishing it from a public school.

• Consider a federal grant program designed to improve safety infrastructure at "schools." The legislation for this program specifically states, "For the purposes of this grant, 'school' includes any accredited public or private educational institution providing instruction from kindergarten through graduate-level degrees."

  This example highlights how a legal definition can explicitly broaden the scope of "school" beyond the typical K-12 public institution to include private schools and higher education, overriding the general presumption.