Education Law

A supporter for the transgender community holds a trans flag in front of counter-protesters to protect attendees from their insults and obscenities at the city's Gay Pride Festival in Atlanta on Oct. 12, 2019.
A transgender rights supporter holds a flag at Atlanta's Gay Pride Festival in October 2019.
Robin Rayne/AP
Law & Courts School Sports a Fresh Front in State Battles Over Transgender Students' Rights
Lawmakers in at least 10 states are pushing legislation that would prohibit transgender students from playing on single-sex sports teams.
Evie Blad, January 28, 2021
9 min read
Law & Courts U.S. Supreme Court to Weigh Whether Schools May Discipline Students for Internet Speech
The justices will hear the appeal of a school district whose discipline of a student for her vulgar message on Snapchat was overturned.
Mark Walsh, January 8, 2021
5 min read
Image shows a courtroom and gavel.
imaginima/E+
Law & Courts A Full U.S. Appeals Court Lets Federal Right-to-Education Case Go Forward
The suit says Mississippi’s lack of a “uniform” education system violates a post-Civil War era law readmitting the state to the union.
Mark Walsh, December 11, 2020
3 min read
In this Wednesday, Sept. 23, 2020, file photo, Kentucky Governor Andy Beshear addresses the media in Frankfort, Ky. Kentucky's governor said Sunday, Oct. 11, that he will quarantine after a member of his security detail who drove with his family the day before later tested positive for COVID-19. Democratic Gov. Andy Beshear said he and his family feel fine, show no coronavirus symptoms and have tested negative for the virus.
Kentucky Gov. Andrew G. Beshear is battling the state's attorney general over his order to stop all in-person school instruction to battle a surge in COVID-19 cases.
Timothy D. Easley/AP
Law & Courts Federal Appeals Court Lifts Block on Kentucky School Closure Order
The injunction would have let private religious schools reopen despite the governor's order barring in-person instruction.
Mark Walsh, November 29, 2020
3 min read
Protesters gather on the sidewalk outside the the offices of New York Gov. Andrew Cuomo in New York. Three  Jewish congregations  sued New York state and Cuomo, saying he engaged in a “streak of anti-Semitic discrimination” with a recent crackdown on religious gatherings to reduce the state’s coronavirus infection rate.
Protesters gather outside the the offices of New York Gov. Andrew Cuomo in New York. Three Jewish congregations sued New York state and Cuomo, saying he engaged in a “streak of anti-Semitic discrimination” with a recent crackdown on religious gatherings to reduce the state’s coronavirus infection rate.
Kathy Willens/AP
Law & Courts U.S. Supreme Court Blocks New York State COVID-19 Limits on Religious Services
The 5-4 decision reveals a fault line that may prevail when the high court confronts pandemic restrictions on religious education.
Mark Walsh, November 26, 2020
6 min read
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
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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
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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