Education Law

Education news, analysis, and opinion about important court cases dealing with education
States State K-12 Funding, Aid Formulas High on Legislators' Radar
Lawmakers around the country are wrestling not only with how much money states should be be providing in school aid but how it should be distributed.
Daarel Burnette II, February 13, 2018
6 min read
Equity & Diversity Appeals Court Rules Mostly White City Can't Form Segregated School District
The 11th U.S. Circuit Court of Appeals in Atlanta determined that a federal district judge must rescind part of her 2017 order that allowed the city of Gardendale, Ala., to form its own school system separate from the mostly black Jefferson County schools.
Corey Mitchell, February 13, 2018
3 min read
School & District Management Missouri Chief's Ouster Sparks Political, Legal Aftershocks
The state's Republican governor is in a pitched battle with the state's educators over the process he used to fire Missouri's commissioner of education.
Daarel Burnette II, December 12, 2017
3 min read
Equity & Diversity Civil Rights Group Warns States: Don't Bar Immigrant Students From Schools
Federal law established through a 1982 U.S. Supreme Court decision makes clear that schools and districts cannot adopt enrollment policies that deny or discourage children from enrolling because of immigration status.
Corey Mitchell, October 31, 2017
2 min read
Teaching Profession Huge Stakes for Teachers' Unions as Fees Case Reaches High Court
Whether public-employee unions can continue to demand fees from nonmembers once again hinges on what a deeply divided Supreme Court decides.
Mark Walsh, September 29, 2017
5 min read
Budget & Finance Pennsylvania Supreme Court Orders School Funding Trial
Six school systems, the Pennsylvania Association of Rural and Small Schools, and the NAACP Pennsylvania State Conference want to change the state's school-funding system, which allows for wide spending gaps between low- and high-income districts.
Corey Mitchell, September 29, 2017
1 min read
Special Education Legal Tangle Ensnares Case Involving Georgia Special Education Facility
A Justice Department lawsuit alleging that students were sent to segregated and inferior programs is on hold while an appeals court weighs whether the government can file such cases.
Christina A. Samuels, September 12, 2017
4 min read
Law & Courts Alabama School Secession Plan Motivated By Race, NAACP Argues
Lawyers representing the black families opposed to the split, argued that the decision could lead to resegregation of a district with a history of intentionally separating white and black students.
Corey Mitchell, August 9, 2017
1 min read
Law & Courts What Kansas' New School Funding Formula Means for School Accountability
If the new funding formula passes muster with the state's supreme court, Kansas schools will soon get $285 million more in state aid, but with new strings attached.
Daarel Burnette II, July 7, 2017
2 min read
The U.S. Supreme Court convenes for the last day of opinions on June 26.
The U.S. Supreme Court convenes for the last day of opinions on June 26.
Art Lien
School Choice & Charters K-12 and the U.S. Supreme Court: Highlights of the 2016-17 Term
The justices confronted a number of important K-12 education issues, deciding cases on special education, free exercise of religion, and more.
Mark Walsh, June 30, 2017
4 min read
Ashton Whitaker, right, a high school senior who is a transgender male, hugs his mother Melissa in Kenosha Wis., last year. He and his mother sued his school district over its refusal to allow him to use the boys’ restroom at Kenosha’s Tremper High School.
Ashton Whitaker, right, a high school senior who is a transgender male, hugs his mother Melissa in Kenosha Wis., last year. He and his mother sued his school district over its refusal to allow him to use the boys’ restroom at Kenosha’s Tremper High School.
Transgender Law Center via AP-File
Law & Courts Transgender Advocates Buoyed by Student's Court Victory
A federal appellate panel upheld an injunction requiring a Wisconsin district to let a student who was born female and now identifies as male use the boys' restroom.
Mark Walsh, June 6, 2017
5 min read
Equity & Diversity Federal Judge Delays Mostly White Alabama Town's School Secession Plan
Less than two months after U.S. District Judge Madeline Haikala laid out the steps the city of Gardendale must take to split from the more diverse Jefferson County schools, she has decided to delay the order.
Corey Mitchell, June 1, 2017
1 min read
Law & Courts Mostly White Alabama Town Can Split From Diverse District, Court Rules
A federal judge will allow Gardendale, Ala., to form its own school district of mostly white students in spite of her criticism that city leaders are doing so as a way to control racial demographics in public schools.
Corey Mitchell, May 9, 2017
5 min read
Law & Courts Detroit Signs Deal to Prevent State Shutdown of Poor-Performing Schools
The schools ranked in the bottom 5 percent academically statewide for at least the last three years. Under the agreement, the schools will remain open at least another three years.
Corey Mitchell, May 2, 2017
1 min read