Education Law

Education news, analysis, and opinion about important court cases dealing with education
Jack Greenberg
Jack Greenberg
Law & Courts Obituary Obituary
Jack Greenberg, a civil rights lawyer who helped litigate the landmark Brown v. Board of Education case, has died.
Corey Mitchell, October 25, 2016
1 min read
Ehlena Fry, a 6th grader who has cerebral palsy, walks to class at Manchester Middle School in Manchester, Mich. She is the focus of a high-profile U.S. Supreme Court case that centers on her previous district’s refusal to allow her use of a service dog in her elementary school. In the Manchester schools, Ehlena used the dog’s services for several years, but now is more independent.
Ehlena Fry, a 6th grader who has cerebral palsy, walks to class at Manchester Middle School in Manchester, Mich. She is the focus of a high-profile U.S. Supreme Court case that centers on her previous district’s refusal to allow her use of a service dog in her elementary school. In the Manchester schools, Ehlena used the dog’s services for several years, but now is more independent.
Erin Irwin for Education Week
Special Education Service Dog Center Stage in Major Special Education Case
The U.S. Supreme Court prepares to hear arguments in the case of a student with cerebral palsy who was denied the use of a service dog in her elementary school.
Mark Walsh, October 25, 2016
9 min read
Law & Courts Nevada High Court Deals Blow to School Choice Program
The state’s Supreme Court strikes down the funding mechanism for Nevada’s groundbreaking education savings account program, a little more than a year after lawmakers enacted it.
Arianna Prothero, October 4, 2016
3 min read
Curriculum Fedex Targeted in Open Educational Resources Lawsuit
The legal action—which focuses on academic content licensing, royalties, and photocopying—has potentially big implications for the use of open educational resources in schools.
Sean Cavanagh, October 4, 2016
5 min read
Law & Courts Nevada Supreme Court Rules on School Choice Program
The court ruled unconstitutional the way the state funds the program, which gives students tax money to spend on private school tuition.
Arianna Prothero, September 29, 2016
2 min read
Law & Courts Connecticut Superior Court Orders Reboot on Education Policy
A judge said the state's funding formula, teacher evaluation system, standards and special education services were all inadequate and gave the legislature six months to come up with reforms.
Daarel Burnette II, September 7, 2016
3 min read
Texas Attorney General Ken Paxton hailed a federal judge’s order blocking, for now, Obama administration guidelines aimed at broadening transgender students’ access to restrooms and locker rooms in schools.
Texas Attorney General Ken Paxton hailed a federal judge’s order blocking, for now, Obama administration guidelines aimed at broadening transgender students’ access to restrooms and locker rooms in schools.
Jay Janner/AP
Law & Courts Judge Blocks Guidance On Transgender Rights
The national debate over transgender rights took yet another turn after a federal judge in Texas temporarily blocked the Obama administration from enforcing new guidelines meant to expand students' access to restrooms and locker rooms in schools.
Evie Blad & Christina A. Samuels, August 30, 2016
3 min read
Recruitment & Retention Despite Vergara Ruling, Teacher-Tenure Battles Set to Heat Up
The Vergara lawyers' strategy of casting tenure laws as a violation of students' rights has provided a blueprint for continuing debate, experts say.
Brenda Iasevoli, August 29, 2016
4 min read
Gavin Grimm, a 17-year-old transgender student, poses on his front porch last summer. Gavin, who was born female but now identifies as male, had won a court injunction earlier this summer allowing him to use the boys’ restroom at his high school in Gloucester County, Va. Earlier this month, the U.S. Supreme Court voted 5-3 to halt his restroom access while the justices consider whether they will take up the merits of the groundbreaking case on transgender rights.
Gavin Grimm, a 17-year-old transgender student, poses on his front porch last summer. Gavin, who was born female but now identifies as male, had won a court injunction earlier this summer allowing him to use the boys’ restroom at his high school in Gloucester County, Va. Earlier this month, the U.S. Supreme Court voted 5-3 to halt his restroom access while the justices consider whether they will take up the merits of the groundbreaking case on transgender rights.
Steve Helber/AP-File
Law & Courts Court Actions Leave Uncertainty on Transgender Student Rights
The debate on restroom access remains unsettled, as multiple legal cases play out and enforcement of new federal guidelines is blocked for now.
Mark Walsh, August 23, 2016
6 min read
Assessment Florida Parents Turn to GoFundMe To Fight 3rd Grade Retention Law
Florida parents are attempting to raise funds to file a lawsuit so that 3rd graders won't be retained this year based on standardized tests.
Sarah Tully, August 1, 2016
1 min read
Law & Courts Michigan to Pay Detroit's Legal Fees in Teacher Sickout Lawsuit
Covering the cost of legal bills is just the latest helping hand the state has provided to the cash-strapped school system.
Corey Mitchell, July 25, 2016
1 min read
Law & Courts Nonprofit Organization Set to Hire Parents To Push for Kid-Friendly Laws
Common Sense Media is hiring parents to organize campaigns related to ballot propositions and legislation aimed at helping children, including education.
Sarah Tully, July 18, 2016
1 min read
Law & Courts Renowned Educator Rafe Esquith, Fired for Misconduct, Returns to a Classroom
The famous educator was fired by the Los Angeles school district last year for alleged misconduct towards students.
Madeline Will, July 15, 2016
2 min read
Lawyer Michael A. Carvin, right, presents arguments for the non-union teachers as the U.S. Supreme Court hears the Friedrichs v. California Teachers Association case involving unions’ ability to collect fees from nonmembers.
Lawyer Michael A. Carvin, right, presents arguments for the non-union teachers as the U.S. Supreme Court hears the <i>Friedrichs</i> v. <i>California Teachers Association</i> case involving unions’ ability to collect fees from nonmembers.
Art Lien
Law & Courts K-12 and the Supreme Court: Highlights From 2015-16
Affirmative action, teachers' union fees, and deportation relief for undocumented parents of U.S. citizen children were among the top education-related issues in the U.S. Supreme Court's recent term.
Mark Walsh, July 12, 2016
4 min read