Education Law

Education news, analysis, and opinion about important court cases dealing with education
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
Anti-union demonstrators gather at the U.S. Supreme Court in Washington last June awaiting a decision in Janus vs. AFSCME.
Anti-union demonstrators gather at the U.S. Supreme Court in Washington last June awaiting a decision in <i>Janus</i> vs. <i>AFSCME</i>.
J. Scott Applewhite/AP-File
School & District Management 'This Road Just Got a Lot Harder': Teachers' Unions Hit With New Round of Lawsuits
In the wake of the 'Janus' Supreme Court case, teachers' unions are facing more than a dozen legal challenges backed by right-leaning groups that could further dampen their membership numbers and finances.
Madeline Will, October 15, 2018
8 min read
The headquarters of student loan debt collector Navient Corporation, in Wilmington, Del.
The headquarters of student loan debt collector Navient Corporation, in Wilmington, Del.
William Bretzger/The Wilmington News-Journal via AP-File
Law & Courts 'They Didn't Have My Back': Teachers Sue Student-Loan Servicer Navient
Nine educators, backed by the American Federation of Teachers, say the loan servicing giant misled and impeded them on a loan-forgiveness program intended to help public service workers.
Sarah Schwartz, October 12, 2018
7 min read
Law & Courts A Scholar's-Eye View of School Law as High Court Gears for New Term
Chicago Law School Professor Justin Driver surveys the U.S. Supreme Court's long and often contentious history on a wide range of issues affecting public education and students' rights.
Mark Walsh, September 25, 2018
6 min read
Brett M. Kavanaugh, President Donald Trump’s nominee for the U.S. Supreme Court, testifies before the Senate Judiciary Committee at his confirmation hearing to replace retired Justice Anthony Kennedy.
Brett M. Kavanaugh, President Donald Trump’s nominee for the U.S. Supreme Court, testifies before the Senate Judiciary Committee at his confirmation hearing to replace retired Justice Anthony Kennedy.
Alex Brandon/AP
School Climate & Safety Supreme Court Nominee Grilled at Confirmation Hearing
School safety, religious liberty and the nation's legacy of segregation were among the topics Judge Brett M. Kavanaugh was called on to address as senators peppered the nominee for U.S. Supreme Court with questions.
Mark Walsh, September 11, 2018
5 min read
A still image taken from video provided by WTVD-TV of Kandice Mason during an interview in Raeford, N.C. Mason, a middle school teacher who moonlights as a pole-dance instructor, has been suspended by a North Carolina school district.
A still image taken from video provided by WTVD-TV of Kandice Mason during an interview in Raeford, N.C. Mason, a middle school teacher who moonlights as a pole-dance instructor, has been suspended by a North Carolina school district.
WTVD-TV via AP
Teaching Profession A Teacher Was Suspended for Posting a Video of Herself Pole Dancing. But What Are Her Rights?
The school district says she violated the social media policy that holds employees "responsible for their public conduct" outside of school.
Sarah Schwartz, August 24, 2018
3 min read
Special Education Suit Targets ACT on Student Privacy
The lawsuit alleges that the testmaker "stigmatizes" student with disabilities by flagging their test scores for colleges.
Catherine Gewertz, August 21, 2018
3 min read
Reading & Literacy Right-to-Read Advocates Undeterred by Court Setback
A push to get a federal court to recognize a constitutional right to education continues, despite last month's dismissal of a Detroit right-to-read case.
Stephen Sawchuk, July 17, 2018
5 min read
Law & Courts Video The Janus Ruling: What Happens Now?
On June 27, 2018, the Supreme Court ruled that teachers' unions and other public employee unions can't collect agency fees from nonmembers. The ruling in 'Janus v. American Federation of State, County, and Municipal Employees Council 31' was a big blow to unions. So what impact will it have? How will it affect teachers? How are people reacting? Education Week experts Liana Loewus and Madeline Will explain in this video, original broadcast on Facebook.
June 27, 2018
8:03
Law & Courts Teachers Condemn Family Separations at the Border as 'Child Abuse'
On social media and at protests, teachers have raised concerns about the lasting psychological effect of this new immigration policy on children.
Sarah Schwartz, June 19, 2018
4 min read
Special Education Ed. Dept. Sued Over New Approach to Civil Rights Complaints
Three advocacy organizations say that the Education Department's office for civil rights can't simply ignore the complaints of those who have filed serial complaints and must investigate first.
Christina A. Samuels, June 5, 2018
3 min read
Supreme Court Associate Justice Stephen Breyer testifies before a House Committee on Appropriations Subcommittee on Financial Services hearing to review the FY 2016 budget request of the Supreme Court of the United States, on Capitol Hill in Washington, March 23, 2015. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022.
Supreme Court Associate Justice Stephen Breyer testifies before a House Committee on Appropriations Subcommittee on Financial Services hearing to review the FY 2016 budget request of the Supreme Court of the United States, on Capitol Hill in Washington, March 23, 2015. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court, two sources told The Associated Press Wednesday, Jan. 26, 2022.
Manuel Balce Ceneta/AP
Law & Courts For One Supreme Court Justice, a Personal Connection to School Law
U.S. Supreme Court Justice Stephen G. Breyer reminisces about his father’s time as legal counsel to the San Francisco Unified School District.
Mark Walsh, April 10, 2018
9 min read
Student Well-Being & Movement Flint Children to Be Screened for Disabilities After $4 Million Settlement
The agreement stems from a class-action civil rights lawsuit filed against the Flint schools, Michigan education department and the Genessee County Intermediate School District.
Corey Mitchell, April 9, 2018
3 min read