Department of Education Law and Legal Definition

One government function is education, which is administered through the public school system by the department of education. The states, therefore, have primary responsibility for the maintenance and operation of public schools. Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education.

The Department of Education is a state entity authorized by the state legislature to assist in executing the policies and procedures authorized by law and by regulations of the State Board of Education. It is responsible for overseeing such issues as teacher training, student attendance and enrollment, standardized testing, school transportation, school food programs, and others.