Law & Courts

Education news, analysis, and opinion about court cases, lawsuits, and regulations affecting schools.
  • The Supreme Court building is seen on Friday, June 28, 2024, in Washington.
    The Supreme Court building is seen on Friday, June 28, 2024, in Washington. The Biden administration on July 22 asked the justices to allow parts of the new Title IX regulation to go into effect even as provisions on gender identity remain blocked.
    Mark Schiefelbein/AP
    Law & Courts Biden Admin. Asks Supreme Court to Allow Part of Title IX Rule to Take Effect
    The solicitor general asks that most of new Title IX rule be allowed to go into effect, even as gender-identity provisions remain blocked
    Mark Walsh, July 22, 2024
    3 min read
    Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan.
    Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan. Two federal appeals courts have denied requests by the Biden administration to put aside injunctions blocking a new Title IX regulation that includes protections for transgender students.
    John Hanna/AP
    Law & Courts Two Appeals Courts Won’t Block Injunctions Against Biden's Title IX Rule
    As the Aug. 1 date approaches for the broad new regulation to take effect, courts have blocked it in much of the country.
    Mark Walsh, July 19, 2024
    4 min read
    Education Week opinion letters submissions
    Gwen Keraval for Education Week
    Law & Courts Letter to the Editor Religion in the Classroom May Be Legal, But Is It Just?
    A teacher responds to Louisiana's Ten Commandments law.
    July 16, 2024
    1 min read
    Louisiana Gov. Jeff Landry signs bills related to his education plan on June 19, 2024, at Our Lady of Fatima Catholic School in Lafayette, La. Louisiana has become the first state to require that the Ten Commandments be displayed in every public school classroom, the latest move from a GOP-dominated Legislature pushing a conservative agenda under a new governor.
    Louisiana Gov. Jeff Landry, a Republican, signs bills related to his education plan on June 19, 2024, at Our Lady of Fatima Catholic School in Lafayette, La. One of those new laws requires that the Ten Commandments be displayed in every public school classroom, but the law is similar to one from Kentucky that the U.S. Supreme Court struck down in 1980.
    Brad Bowie/The Times-Picayune/The New Orleans Advocate via AP
    Law & Courts Posting Ten Commandments in Schools Was Struck Down in 1980. Could That Change?
    In 1980, the justices invalidated a Kentucky law, similar to the new Louisiana measure, requiring classroom displays of the Decalogue.
    Mark Walsh, July 11, 2024
    13 min read
    Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan. On Tuesday, July 2, a federal judge in Kansas blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states, including Kansas and a patchwork of places elsewhere across the nation.
    Kansas high school students, family members and advocates rally for transgender rights, Jan. 31, 2024, at the Statehouse in Topeka, Kan. On Tuesday, July 2, a federal judge in Kansas blocked a federal rule expanding anti-discrimination protections for LGBTQ+ students from being enforced in four states, including Kansas, and a patchwork of places elsewhere across the nation.
    John Hanna/AP
    Law & Courts Biden's Title IX Rule Is Now Blocked in 14 States
    A judge in Kansas issued the third injunction against the Biden administration's rule granting protections to LGBTQ+ students.
    Libby Stanford, July 3, 2024
    4 min read
    The United States Supreme Court is seen in Washington, D.C., on July 1, 2024.
    The U.S. Supreme Court is seen in Washington, D.C., on July 1, 2024. The high court declined on July 2 to take up a case about whether Snapchat could be held partially liable for a teacher's sexual abuse of a student.
    Aashish Kiphayet/NurPhoto via AP
    Law & Courts Student Says Snapchat Enabled Teacher's Abuse. Supreme Court Won't Hear His Case
    The high court, over a dissent by two justices, decline to review the scope of Section 230 liability protection for social media platforms.
    Mark Walsh, July 2, 2024
    4 min read
    Visitors pose for photographs at the U.S. Supreme Court on June 18, 2024, in Washington.
    Visitors pose for photographs at the U.S. Supreme Court on June 18, 2024, in Washington. The high court on June 28 overruled a longtime precedent and held that courts, not federal agencies, have the primary authority to interpret ambiguous federal statutes.
    Jose Luis Magana/AP
    Law & Courts What the Supreme Court's Chevron Decision Could Mean for Biden's Title IX Rule
    The decision overrules a 40-year-old precedent and could impact lawsuits challenging the final Title IX rule.
    Mark Walsh, June 28, 2024
    5 min read
    The Oklahoma Supreme Court is pictured in the state Capitol building in Oklahoma City, May 19, 2014. The Oklahoma Supreme Court ruled Tuesday, June 25, 2024, that the approval of the nation's first state-funded Catholic charter school, St. Isidore of Seville Catholic Virtual Charter School, is unconstitutional.
    The Oklahoma Supreme Court is pictured in the state Capitol building in Oklahoma City, May 19, 2014. The high court ruled Tuesday, June 25, 2024, that the approval of the nation's first state-funded Catholic charter school, St. Isidore of Seville Catholic Virtual Charter School, is unconstitutional.
    Sue Ogrocki/AP
    Law & Courts Religious Charter School Is Unconstitutional, Oklahoma Supreme Court Rules
    The state high court says the planned Catholic virtual charter school violates a state provision against aid to 'sectarian' institutions.
    Mark Walsh, June 25, 2024
    4 min read
    FILE - The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol. (AP Photo/J. Scott Applewhite, File)
    The U.S. Supreme Court has agreed to take up a case about a state law that bars certain medical care for transgender minors, with the legal issues holding potential implications for schools.
    J. Scott Applewhite/AP
    Law & Courts Supreme Court Case on Transgender Youth Medical Care May Impact Schools
    The justices will decide whether a Tennessee law that bars certain treatments for transgender minors violates the equal-protection clause.
    Mark Walsh, June 24, 2024
    5 min read
    The Supreme Court building is seen on June 13, 2024, in Washington.
    The Supreme Court building is seen on June 13, 2024, in Washington.
    Mark Schiefelbein/AP
    Law & Courts Why the $4.5 Billion School E-Rate Program Is Headed to the Supreme Court
    The justices will decide whether allegations of overcharging under the telecom-funded program may be brought under the False Claims Act.
    Mark Walsh, June 17, 2024
    6 min read
    Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. Republican states are filing a barrage of legal challenges against the Biden administration's newly expanded campus sexual assault rules, saying they overstep the president's authority and undermine the Title IX anti-discrimination law.
    Demonstrators advocating for transgender rights and health care stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. Republican states have filed a barrage of legal challenges against the Biden administration's new Title IX rule, and one of them has just resulted in a temporary order blocking the rule in four states.
    Patrick Orsagos/AP
    Law & Courts Title IX Rule to Protect LGBTQ+ Students Temporarily Blocked in 4 States
    A federal judge in Louisiana delivered the first legal blow to the Biden administration's interpretation of Title IX.
    Libby Stanford, June 14, 2024
    4 min read
    Texas Attorney General Ken Paxton speaks at a news conference in Dallas on June 22, 2017.
    Texas Attorney General Ken Paxton speaks at a news conference in Dallas on June 22, 2017. His office sued the Biden administration in an attempt to invalidate guidance it released in June 2021 stating it would interpret Title IX to prohibit discrimination based on sexual orientation and gender identity.
    Tony Gutierrez/AP
    Law & Courts Judge Strikes Down Title IX Guidance on LGBTQ+ Students. Here's Why It Matters
    In a June 11 ruling, Texas judge said the Education Department has no authority to expand protections under Title IX.
    Libby Stanford, June 12, 2024
    8 min read
    ADF Senior Counsel and Vice President of U.S. Litigation David Cortman, left, and Liam Morrison speak at a press conference following oral arguments before the U.S. Court of Appeals for the 1st Circuit on Feb. 8, 2024.
    David Cortman, senior counsel and vice president of Alliance Defending Freedom, left, and middle school student Liam Morrison speak to reporters following oral arguments over Morrison's "There Are Only Two Genders" T-shirt before the U.S. Court of Appeals for the 1st Circuit in Boston on Feb. 8, 2024.
    Courtesy of Alliance Defending Freedom
    Law & Courts Court Backs School That Barred Student's 'Two Genders' Shirt
    The court said the shirt could be understood to demean transgender and gender-nonconforming students, and administrators could prohibit it.
    Mark Walsh, June 10, 2024
    5 min read
    Students walk into the front doors at Hinsdale Middle High School, in Hinsdale, N.H., on the first day of school on Aug. 30, 2022.
    Students walk into Hinsdale Middle High School, in Hinsdale, N.H., in August 2022. A federal judge has struck down a New Hampshire law that bars the teaching of "divisive concepts" to K-12 students.
    Kristopher Radder/The Brattleboro Reformer via AP
    Law & Courts Federal Judge Overturns New Hampshire Law on Teaching 'Divisive Concepts'
    The judge holds that the law is unconstitutionally vague because it does not make clear to educators what topics they may not teach.
    Mark Walsh, May 28, 2024
    4 min read
    This Oct. 4, 2018, photo shows the U.S. Supreme Court at sunset in Washington. The Supreme Court has declined to take up an appeal from parents in Oregon who want to prevent transgender students from using locker rooms and bathrooms of the gender with which they identify, rather than their sex assigned at birth.
    This Oct. 4, 2018, photo shows the U.S. Supreme Court at sunset in Washington. The court has declined to take up an appeal from parents in Maryland challenging a school district's policy on gender-support plans for students.
    Manuel Balce Ceneta/AP
    Law & Courts Supreme Court Turns Down Case Challenging School District's Transgender Policies
    The case involves a policy allowing information to be withheld from parents considered not supportive of a gender-transitioning child.
    Mark Walsh, May 20, 2024
    3 min read