The theoretical constructs underlying legislative approaches to at-risk student statutes are examined in this paper, with attention given to the ways in which educational institutions make certain factors significant to student success. Legislative approaches closely follow the epidemiology model, which attempts to identify, predict, and immunize future dropouts; the impact of school structure on student achievement is rarely considered. Part 1 explores recent federal and state legislative definitions of at-risk students, grouping these definitions into functional categories. Part 2 offers a legal analysis of the different types of definitions. Beginning with an overview of the history of at-risk programs, part 3 examines the various educational constructs underlying different programs. Part 4 investigates the social construction of reality implicit in these definitions and speculates on the consequences of this view of education. The last part, an analysis of legislative trends, offers recommendations for improvement and redefines the legislature's role in the development of a more just and effective public educational system. Two figures are included. (152 notes) (LMI)