The growth of law-related education

The importance of law-related education has been touted by our country’s leaders for ages. In 1837, Abraham Lincoln addressed the youth of Springfield, Illinois, proclaiming, “Let reverence for the laws be breathed by every American mother to the lisping babe that prattles on her lap; let it be taught in schools, in seminaries, and in colleges; let it be written in primers, spelling-books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice.”

However, law-related education did not become a more formalized movement until recent times. Prior to the 1960s, the phrase “law-related education” was met with opposition; people felt isolated from the world of law. In the 1950s and 1960s, significant social and political events resulted in an atmosphere of distrust and fear throughout the country. For many, this caused a desire to strengthen democratic attitudes among the citizenry. This desire was reinforced by a Purdue University poll that indicated that high school seniors were surprisingly ignorant of the Bill of Rights. This was of major concern to many because, without knowledge of the law, it was believed that younger generations would not be able to function effectively within the confines of democracy.

In 1962, U.S. Supreme Court Justice William J. Brennan addressed the National Council for Social Studies on “Teaching the Bill of Rights.” Speaking on social issues, he stated, “These problems cannot be adequately considered, and surely not solved, without a deep awareness of the interdependence of our legal and educational systems.” Justice Brennan’s endorsement lead to the development of law-related education institutes for teacher education throughout the nation.

While interest in law-related education was high, few programs were actually developed and implemented in the classroom. It is believed that this was due, in part, to a lack of communication between educators, lawyers, law personnel and community members. A critical event in the development of law-related education came in 1971 with the establishment of a Special Committee on Youth Education for Citizenship by the American Bar Association. Its purpose was to promote the development of law-related education programs, help coordinate services and avoid wasteful duplication of efforts. Its goals included assisting schools in implementing law-related education programs in school curricula.

The involvement of the American Bar Association was a signal to other bar associations and boards of education highlighting the importance of law-related education and this helped cement a partnership between the legal and education communities. By 1977, thirty-seven states had implemented more than 500 law-related education programs. Momentum grew. Bar associations and educational agencies became involved in civic education. Attention converged on effective teacher training programs. The American Bar Association emphasized the importance of effective teacher training, stating that “[w]hile lawyers, judges and law enforcement officials can help by making occasional classroom visits, only teachers can be expected to bear the instructional burden and implement the goals of law-related education.”

In 1978, Congress passed an amendment to the Elementary and Secondary Education Act known as the Law-Related Education Act of 1978. The Act reinforced the federal government’s active involvement in law-related education and made the important recommendation that law-related education be included in our schools. It also defined law-related education as “an education to equip non-lawyers with knowledge and skills pertaining to the law, the legal process and the legal system, and the fundamental principles and values on which these are based.”

The regulations issued by the United States Department of Education in support of the Act provided that law-related education helps students “respond effectively to the law and legal issues in our complex and changing society.” According to the American Bar Association:

Law-related education embraces a rich and varied array of programs for all grade levels. These programs share a common goal of fostering the knowledge, skills and values students need to function effectively in a society defined by its democratic institutions, pluralism and the...rule of the law. Law-related education strives to develop the active citizens a democratic society requires: those who can understand, live in, and contribute positively to the civic communities to which they belong.

The involvement of bar associations in law-related education across the country in the wake of the enactment of the Law-Related Education Act has been tremendous. The Illinois State Bar Association Standing Committee on Law-Related Education for the Public (“LRE”) is but one example of many. In furtherance of its purpose “to equip non-lawyers with knowledge and skills pertaining to the law, the legal process and the legal system”, the LRE hosts the annual Illinois High School Mock Trial Invitational; provides a database of lawyers who are available to speak in classrooms; publishes informational materials for the public on a variety of civil and legal issues primarily affecting children and parents; and publishes a quarterly newsletter with additional information and resources for teachers.

Law-related education continues to evolve. Illinois now requires one full semester of civics for all students enrolling in high school on or after July 1, 2016. This new requirement is intended to help young people acquire and learn to use the skills, knowledge and attitudes that will best prepare them to be competent and reasonable citizens throughout their lives. According to the new law, the content of the civic course must focus on government institutions, the discussion of current and controversial issues, service learning, and simulations of the democratic process. Certainly, as described by the U.S. Department of Education, helping students “respond effectively to the law and legal issues in our complex and changing society,” is a very lofty goal, indeed. 