Law & Courts

Education news, analysis, and opinion about court cases, lawsuits, and regulations affecting schools.
  • The United States government laws on certain social media applications such as TikTok
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    Law & Courts States Sue TikTok Over 'Addictive' Design Features. What That Means for Schools
    The lawsuits are the newest fight targeting social media platforms' algorithms.
    Arianna Prothero, October 9, 2024
    3 min read
    Law themed still life featuring Themis statue, judge gavel and scale of justice in a law library.
    iStock / Getty Images
    Law & Courts A School Board Tried to Make Public Comments Civil. It Went Too Far, Court Says
    The rules blocked protected speech or were inconsistently applied, judges say.
    Mark Walsh, October 9, 2024
    4 min read
    Visitors take photographs of the U.S. Supreme Court on June 18, 2024, in Washington.
    Visitors take photographs of the U.S. Supreme Court on June 18, 2024, in Washington.
    Jose Luis Magana/AP
    Law & Courts Two Notable Education Cases the Supreme Court Declined to Take Up This Term
    The justices turned away cases on public aid to nonpublic schools and the 2021 controversy over school board protests.
    Mark Walsh, October 7, 2024
    4 min read
    The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
    The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
    Jacquelyn Martin/AP
    Law & Courts What's Ahead for Education This Supreme Court Term? Trans Rights, E-Rate, and More
    The justices have one major case on transgender medical care on their docket and others pending on gender-identity issues in schools.
    Mark Walsh, October 4, 2024
    10 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 Biden administration has asked the U.S. Supreme Court—shown here in June 2019—to reinstate a funding mechanism that distributes $2 billion annually for the E-rate program that supports internet connectivity in schools and libraries. A federal appeals court ruled that the mechanism was unconstitutional in July.
    J. Scott Applewhite/AP
    Law & Courts Biden Administration Asks Supreme Court to Spare Huge E-Rate Funding Source
    A lower court ruling has jeopardized more than $2 billion in annual funding for internet connectivity for schools and libraries.
    Mark Walsh, October 1, 2024
    3 min read
    Image of a gavel
    iStock/Getty
    Law & Courts Court Revives Asian-American Groups' Challenge to New York City Selective Admissions
    New York's program has sought to increase representation of Black and Latino students in its selective high schools.
    Mark Walsh, September 24, 2024
    5 min read
    Claudia Carranza, of Harlingen, hugs her son, Laur Kaufman, 13, at a rally against House Bill 25, a bill that would ban transgender girls from participating in girls school sports, outside the Capitol in Austin, Texas, on Wednesday, Oct. 6, 2021.
    Claudia Carranza, of Harlingen, Texas, hugs her son, Laur Kaufman, 13, at a rally for transgender rights in Austin on Oct. 6, 2021. The U.S. Department of Education's new Title IX regulation, which adds gender identity and sexual orientation to the definition of sex discrimination, has been challenged in multiple lawsuits and blocked in 26 states and at individual schools in other states.
    Jay Janner/Austin American-Statesman via AP
    Law & Courts The New Title IX Regulation and Legal Battles Over It, Explained
    The Biden administration's regulation that interprets Title IX to protect LGBTQ+ students faces multiple legal challenges.
    Mark Walsh, September 12, 2024
    5 min read
    Arizona State Superintendent of Public Instruction Tom Horne, left, a Republican, takes the ceremonial oath of office from Arizona Supreme Court Chief Justice Robert Brutinel, right, as wife Carmen Horne, middle, holds the bible in the public inauguration ceremony at the state Capitol in Phoenix, Thursday, Jan. 5, 2023.
    Arizona schools chief Tom Horne, left, takes the ceremonial oath of office at the state Capitol in Phoenix in January 2023. The Republican is the lead defendant in a lawsuit filed by two transgender girls challenging the Save Women's Sports Act, which bars transgender women and girls from female sports.
    Ross D. Franklin/AP
    Law & Courts Court Upholds Injunction on Arizona Transgender Sports Ban for Young Athletes
    A federal appeals court upholds an injunction against an Arizona law, allowing two transgender girls to compete on female teams.
    Mark Walsh, September 9, 2024
    3 min read
    Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump at the Moms for Liberty annual convention in Washington, Friday, Aug. 30, 2024.
    Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump addressed the group's annual convention in Washington on Aug. 30. One popular session was about Moms for Liberty's lawsuit challenging the Biden administration's Title IX regulation.
    Mark Schiefelbein/AP
    Law & Courts How Moms for Liberty's Legal Strategy Has Upended Title IX Rules for Schools
    The grassroots group's tactic is confounding schools across the country trying to keep up with which Title IX rules apply to them.
    Mark Walsh, September 5, 2024
    7 min read
    The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
    The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
    Mark Schiefelbein/AP
    Law & Courts Supreme Court Leaves Biden's Title IX Rule Fully Blocked in 26 States
    The court's action effectively leaves in place broad injunctions blocking the entire regulation in 26 states and at schools in other states.
    Mark Walsh, August 16, 2024
    5 min read
    An LGBTQ+ related book is seen on shelf at Fabulosa Books a store in the Castro District of San Francisco on Thursday, June 27, 2024. "Books Not Bans" is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America, places where politicians are demonizing and banning books with LGBTQ+ affirming content.
    An LGBTQ+ book section is seen at Fabulosa Books, a store in San Francisco, on June 27, 2024. A federal appeals court has reinstated an Iowa law that prohibits books depicting sex from public school libraries. Challengers claim the law has led school districts to remove scores of books out of fear of violating the law.
    Haven Daley/AP
    Law & Courts Iowa's Book Ban Is Reinstated by Appeals Court But Case Against It Will Continue
    The Iowa law bars books depicting sex in school libraries and discussions of sexual orientation and gender identity in preK-6.
    Mark Walsh, August 9, 2024
    4 min read
    Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during a press conference regarding the Ten Commandments in schools Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill announced on Monday that she is filing a brief in federal court asking a judge to dismiss a lawsuit seeking to overturn the state’s new law requiring that the Ten Commandments be displayed in every public school classroom.
    Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during an Aug. 5, 2024, press conference in Baton Rouge, La., on the display of the Ten Commandments in public schools. Murrill is seeking to dismiss a lawsuit aiming to overturn the state’s law requiring that they be posted in every classroom.
    Hilary Scheinuk/The Advocate via AP
    Law & Courts Louisiana Uses History, Pop Culture to Defend School Ten Commandments Mandate
    Suggested options pair the Ten Commandments with Charlton Heston, Martin Luther King Jr., and Regina George of "Mean Girls."
    Evie Blad, August 7, 2024
    6 min read
    The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
    The Biden administration's new Title IX regulation was set to take effect Aug. 1, but only in parts of the country as court injunctions block it in 26 states and the U.S. Supreme Court weighs a request to step into the debate.
    AP
    Law & Courts Biden's Title IX Rule Takes Effect Amid a Confusing Legal Landscape
    The rule that expands protections for LGBTQ+ students is effective Aug. 1, but injunctions currently block it in 26 states.
    Mark Walsh, July 31, 2024
    7 min read
    Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse, Jan. 24, 2024, in Columbus, Ohio. A federal appeals court on Wednesday, July 17, refused to lift a judge's order temporarily blocking the Biden administration’s new Title IX rule meant to expand protections for LGBTQ+ students
    Supporters of transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. A federal appeals court has refused to block an Ohio school district's policy that bars students from intentionally misgendering classmates by using pronouns that don't align with students' gender identity.
    Patrick Orsagos/AP
    Law & Courts A District's Rule Against Misgendering Students Is Likely Constitutional
    A federal appeals court did not block a policy barring students from using pronouns that don't align with a classmate's gender identity.
    Mark Walsh, July 30, 2024
    4 min read
    The Supreme Court is seen, April 21, 2023, in Washington.
    The Supreme Court is seen, April 21, 2023, in Washington. A recent decision from the high court overruled a longtime precedent that called on courts to defer to federal agencies' reasonable interpretations of federal laws. The decision could lead to more challenges to U.S. Department of Education regulations, legal experts say.
    Alex Brandon/AP
    Law & Courts Not Just Title IX: How the Chevron Decision Could Affect Education Regulations
    The Supreme Court's Loper Bright decision could have an impact on Education Department rules interpreting multiple federal laws.
    Mark Walsh, July 25, 2024
    7 min read