The legal position of junior colleges within the traditional hierarchy of American education is the topic of this paper. It is the author's contention that the junior college system fits more appropriately in the realm of higher education than in secondary education. To support this assertion, he reviews the levels assigned the junior college by a few of the states. The state of Florida excludes junior colleges both from public school education and from higher education. New York state also provides for junior colleges, but without specifically describing their functions. California includes junior colleges in the category of secondary education, a term more broadly applied than in the traditional sense, for technical schools, adult schools, and junior colleges are included in this category. Besides state legislation, several court decisions showing the interpretation of this legislation are also presented. Many of these decisions represent an attempt by the courts to apply an innovative concept to a traditional frame of reference. Many court decisions have been based on the belief that the kind of curriculum is important in assigning schools a position in the American educational system. (RC)