Education Law

Education news, analysis, and opinion about important court cases dealing with education
Law & Courts Supreme Court Rules Job Discrimination Law Shields LGBTQ Workers
The sweeping 6-3 civil rights ruling has implications for school districts as employers as well as for continuing legal battles over the rights of transgender students.
Mark Walsh, June 15, 2020
8 min read
Supreme Court Justice Lewis F. Powell Jr., shown in Washington in February 1976.
Supreme Court Justice Lewis F. Powell Jr., shown in Washington in February 1976.
Associated Press
Law & Courts Right-to-Education Ruling Jolts Education-Advocacy World
The decision by a federal appeals court recognizing the right to a basic minimum education may be felt far beyond the substandard Detroit schools underlying it, but hurdles could remain.
Mark Walsh, April 29, 2020
10 min read
BRIC ARCHIVE
Peter Hoey for Education Week
Privacy & Security Opinion How the Ed. Department Threw a Wrench in Student-Privacy Laws
An incoherent FERPA rule change is facing legal challenges. As it should, writes Frank D. LoMonte.
Frank D. Lomonte, October 1, 2019
5 min read
Law & Courts The U.S. Supreme Court and Schools in 2018-19
A look at both the policy takeaways from the Supreme Court's 2018-19 session and a look ahead to a couple of major cases on the docket for the coming year, including Montana school choice/religious rights case and DACA.
Mark Walsh, July 16, 2019
2 min read
The Supreme Court on the final day of the 2019 term, which was relatively quiet on K-12 issues.
The Supreme Court on the final day of the 2019 term, which was relatively quiet on K-12 issues.
Art Lien
Law & Courts Trump Drops Fight to Add Citizenship Question to Census
The issue has been followed by education groups who feared the question would harm response rates and affect the allocation of federal school aid.
Mark Walsh, July 16, 2019
7 min read
Democratic presidential candidates, former vice president Joe Biden, left, Sen. Bernie Sanders, I-Vt., and Sen. Kamala Harris, D-Calif., debate education issues during the Democratic primary debate in Miami last month.
Democratic presidential candidates, former vice president Joe Biden, left, Sen. Bernie Sanders, I-Vt., and Sen. Kamala Harris, D-Calif., debate education issues during the Democratic primary debate in Miami last month.
Wilfredo Lee/AP
Law & Courts In Campaign Season, a New Look at Busing
An exchange between two of the top-tier candidates for president highlighted how segregation in education could prove to be a potent issue in the Democratic Party's 2020 primary.
Evie Blad & Andrew Ujifusa, July 16, 2019
6 min read
Law & Courts Video What Constitutional Rights Do Students Have?
When schools paddle students, censor student-newspaper articles, and write dress codes aimed at kids’ hairstyles, they risk undercutting the civic principles they’re supposed to be instilling. But courts have long recognized that the U.S. Constitution’s reach into the schoolhouse is limited, although the exact limits can be murky. Learn more about the legal context surrounding free-speech, search-and-seizure, due-process, and other constitutional rights when it comes to minor students in schools.
May 7, 2019
5:39
BRIC ARCHIVE
Getty
Equity & Diversity K-12 Aid at Stake in Suit Over Census' Citizenship Question
Count educators as part of the population taking a keen interest in a major U.S. Supreme Court case about whether President Donald Trump's administration properly added a question about U.S. citizenship to the 2020 census.
Mark Walsh, April 16, 2019
7 min read
Special Education Feds Can't Delay Special Education Bias Rule, Judge Says
The Education Department made an "arbitrary and capricious" decision in delaying an Obama-era rule that would change the way states monitor how minority students are identified and served in special education, a federal judge rules.
Christina A. Samuels, March 12, 2019
4 min read
Mary Beth Tinker and her brother John were suspended with three other Des Moines, Iowa, high schoolers in 1965 for wearing black armbands to protest the Vietnam War. In this 1968 photo, the Tinkers display armbands to which they had later added peace symbols.
Mary Beth Tinker and her brother John were suspended with three other Des Moines, Iowa, high schoolers in 1965 for wearing black armbands to protest the Vietnam War. In this 1968 photo, the Tinkers display armbands to which they had later added peace symbols.
Corbis/Bettman/AP-File
Law & Courts Landmark Case on Student Free Speech Still Resonates 50 Years Later
The Supreme Court’s 1969 ‘Tinker’ ruling in the case of students wearing black armbands remains a touchstone in the robust debate over the rights of free expression in public schools.
Mark Walsh, February 21, 2019
6 min read
Law & Courts Reading the Tea Leaves in Denial of Case Involving a Coach's On-Field Prayer
Though the Supreme Court refused this particular case, some see an opening for future challenges involving First Amendment issues and public employees.
Mark Walsh, February 12, 2019
8 min read
Students in Johnston, S.C., walk past a portrait of the late Strom Thurmond, their school’s namesake and long-time U.S. senator who prominently opposed school integration. After black families decades ago fought to shed Thurmond’s name, a state law passed to make the name permanent.
Students in Johnston, S.C., walk past a portrait of the late Strom Thurmond, their school’s namesake and long-time U.S. senator who prominently opposed school integration. After black families decades ago fought to shed Thurmond’s name, a state law passed to make the name permanent.
Gerry Melendez for Education Week
School & District Management School Named for Strom Thurmond Provokes Strong Feelings of Pride and Prejudice
In the South Carolina high school named for the state's best-known senator and segregationist, a majority of students are African-American.
Corey Mitchell, January 23, 2019
7 min read
Curriculum Thousands of Copyrighted Works Will Now Be Freely Available to Teachers
Robert Frost's poem "Stopping by Woods on a Snowy Evening" and books by Edith Wharton, e.e. cummings, and Virginia Woolf have entered the public domain, almost 100 years after they were originally published.
Sarah Schwartz, January 3, 2019
2 min read
Michael Rebell
Michael Rebell
Law & Courts Is the Time Right to Make Education a Constitutional Right?
The odds may be long for a newly filed lawsuit that asserts students have a Constitutional right to civics learning, but some experts say the timing is spot on.
Stephen Sawchuk, December 11, 2018
6 min read