Education Law

Education news, analysis, and opinion about important court cases dealing with education
Members of the NAACP Youth and College division rally outside the U.S. Supreme Court as justices heard oral arguments on two cases on whether colleges and universities can continue to consider race as a factor in admissions decisions Oct. 31, 2022.
Members of the NAACP Youth and College division rally outside the U.S. Supreme Court as justices hear oral arguments on whether colleges and universities can continue to consider race as a factor in admissions.
Francis Chung/E&E News/POLITICO via AP Images
Law & Courts As a Skeptical Supreme Court Weighs Race in College Admissions, 'Brown' Looms Large
The cases heard Monday involve Harvard and the University of North Carolina, but a decision could be felt in K-12 education.
Mark Walsh, October 31, 2022
8 min read
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Law & Courts 4 Things to Know About the Affirmative Action Showdown Before the Supreme Court
The justices on Monday weigh the use of race in admissions at Harvard and the University of North Carolina, with K-12 implications.
Mark Walsh, October 28, 2022
9 min read
A protester holds signs at a Moms for Liberty rally at the state Capitol in Harrisburg, Pa., on Oct. 9, 2021. About 100 people attended the rally to protest mask and vaccine mandates.
A protester holds signs at a Moms for Liberty rally at the state Capitol in Harrisburg, Pa., October 2021 protesting mask and vaccine mandates.
Paul Weaver/Sipa via AP Images
Law & Courts What Do 'Parents' Rights' Mean Legally for Schools, Anyway?
Conservatives rely on century-old U.S. Supreme Court precedents but want to bolster parental rights with a constitutional amendment.
Mark Walsh, October 20, 2022
9 min read
Image of the Supreme Court.
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Law & Courts Supreme Court Strikes Down Maine's Exclusion of Religious Schools From Tuition-Aid Program
The justices hold that barring "sectarian" schools from the program for towns without public high schools violates the First Amendment.
Mark Walsh, June 21, 2022
7 min read
As her pupils bend themselves to their books, teacher Marie Donnelly guides them along in their studies at P.S. 77 in the Glendale section of Queens, New York, Sept. 28, 1959. In her 40 years of teaching, never has Donnelly had so many African-American students in a class. The youngsters were bused to the school from Bedford-Stuyvesant area of Brooklyn, a predominantly black neighborhood where schools are overcrowded. P.S. 77, which had an enrollment of 368 all-white students, can handle 1000 children comfortably. Parents in the Queens neighborhoods objected to influx, but the children themselves adjusted to one another without incident.
A white teacher teaches a newly integrated class at P.S. 77 in the Glendale section of Queens, N.Y., in September 1959.
AP
Teaching Profession Q&A 'Brown v. Board' Decimated the Black Educator Pipeline. A Scholar Explains How
A new book digs into a lesser-known and negative consequence of one of the nation's most significant civil rights milestones.
Madeline Will, May 16, 2022
9 min read
The Supreme Court in Washington, Dec. 3, 2021. The Supreme Court has turned away a plea from parents to block a new admissions policy at a prestigious high school in northern Virginia that a lower court had found discriminates against Asian American students.
The U.S. Supreme Court in Washington on Dec. 3, 2021.
J. Scott Applewhite/AP
Law & Courts Conservatives’ Checklist: U.S. Supreme Court Education Decisions to Overrule
Here are five education issues that could be targets for reconsideration if Roe v. Wade falls.
Mark Walsh, May 11, 2022
3 min read
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Law & Courts Leaked Abortion Draft Has Supreme Court Education Cases in Political Cross-Hairs
Conservatives have taken aim at decisions on educating immigrants, race in admissions, and religion. Liberals have some cases in mind, too.
Mark Walsh, May 10, 2022
8 min read
Texas Gov. Greg Abbott speaks at a news conference in Austin, Texas, on June 8, 2021.
Texas Gov. Greg Abbott speaks at a news conference in Austin, Texas, on June 8, 2021.
Eric Gay/AP
States Texas Governor Sparks Backlash With Talk of Rolling Back Free School for Immigrant Kids
Critics assailed Republican Gov. Greg Abbott's idea as “hare-brained” and “cruel.”
Robert T. Garrett, The Dallas Morning News, May 6, 2022
5 min read
A crowd of people gather outside the Supreme Court, Monday night, May 2, 2022 in Washington. A draft opinion circulated among Supreme Court justices suggests that earlier this year a majority of them had thrown support behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night in Politico. It's unclear if the draft represents the court's final word on the matter. The Associated Press could not immediately confirm the authenticity of the draft Politico posted, which if verified marks a shocking revelation of the high court's secretive deliberation process, particularly before a case is formally decided.
A crowd gathers outside the U.S. Supreme Court Monday night after the leak of a draft opinion suggesting the court intends to overturn the 1973 <i>Roe v. Wade</i> precedent that legalized abortion nationwide.
Alex Brandon/AP
Law & Courts 'Brown v. Board' Cited in Draft Supreme Court Opinion to Back Overturning Abortion Rights
The leaked opinion in a case still to be decided by the Supreme Court cites landmark decisions including Brown v. Board of Education.
Mark Walsh, May 3, 2022
7 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.
U.S. Supreme Court Justice Stephen G. Breyer is retiring, giving President Joe Biden an opening he has pledged to fill by naming the first Black woman to the high court.
Manuel Balce Ceneta/AP
Law & Courts Justice Stephen G. Breyer, Who Sympathized With School Administrators, Set to Retire
The U.S. Supreme Court justice has championed racial and gender equality, while occasionally siding with school officials over students.
Mark Walsh, January 26, 2022
15 min read
Books packed up in a cardboard box.
Patrick Daxenbichler/iStock/Getty
Law & Courts Yanking Books From School Libraries: What the Supreme Court Has Said, and Why It's Murky
A 1982 dispute involving a local school board offers plenty of parallels to the latest wave of book challenges involving race and gender.
Mark Walsh, December 15, 2021
11 min read
People hold signs and chant during a meeting of the North Allegheny School District school board regarding the district's mask policy, at at North Allegheny Senior High School in McCandless, Pa., on Aug. 25, 2021. A growing number of school board members across the U.S. are resigning or questioning their willingness to serve as meetings have devolved into shouting contests over contentious issues including masks in schools.
People at a school board meeting in late August protest the mask policy set by the North Allegheny school district in Western Pennsylvania.
Alexandra Wimley/Pittsburgh Post-Gazette via AP
Law & Courts Opinion What the Law Says About Parents' Rights Over Schooling
The rallying cry of “parental freedom” perpetuated racial segregation, writes a legal scholar. So why would we let it dictate curriculum?
Joshua Weishart, November 29, 2021
5 min read
Law & Courts Video The Supreme Court's Vulgar Snapchat Ruling and What It Means for Students' Free Speech
The Supreme Court ruled in favor of a former high school cheerleader after she was suspended from the team over a vulgar Snapchat post. Here's what the high court said.
Eric Harkleroad, July 1, 2021
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Members of the Supreme Court pose for a group photo at the Supreme Court in Washington on April 23, 2021.
Members of the Supreme Court pose for a group photo in Washington in April.
Erin Schaff/The New York Times via AP
Law & Courts Educators Look for Guideposts in Supreme Court Ruling on Student Free Speech
Measured responses greet a ruling that a district violated a student’s rights when it disciplined her for a vulgar Snapchat video.
Denisa R. Superville, June 23, 2021
6 min read