Law & Courts

Supreme Court Won’t Take Up Case on Schools’ Bias-Response Policies

By Mark Walsh — March 03, 2025 3 min read
Students walk to class on the Indiana University campus, Oct. 14, 2021, in Bloomington, Ind.
  • Save to favorites
  • Print

Over the dissents of two justices, the U.S. Supreme Court is declining to take up a case about whether educational institutions’ bias-reporting policies targeting hateful or derogatory speech have a chilling effect on students.

The case before the justices involved Indiana University’s bias-response teams, but one conservative advocacy group told the court that such policies and teams also “pervade K-12 schools,” which “are always eager to mimic their higher education comrades.”

Such bias-response policies are meant to foster a safe and conducive learning environment, free from discriminatory language, but the “bias-response teams” of officials who carry out such policies have come under fire from some conservative groups as another facet of diversity, equity, and inclusion goals that such groups find problematic.

Parents Defending Education says in its friend-of-the-court brief that some 115 school districts in 22 states and the District of Columbia have such policies. Bias-response teams “focus on perceived ‘microaggressions’” that “operate as anonymous snitch systems that are vulnerable to abuse and misuse,” the brief says.

The brief was filed in Speech First Inc. v. Whitten, in which a separate advocacy group challenged the bias-response teams at Indiana University.

That policy defines a bias incident as “any conduct, speech, or expression, motivated in whole or in part by bias or prejudice meant to intimidate, demean, mock, degrade, marginalize, or threaten individuals or groups based on that individual or group’s actual or perceived identities.”

Indiana University says in a brief that it is “expressly committed to encouraging free expression while offering educational opportunities to foster an inclusive and respectful environment.” The university says its bias-response program merely provides a forum for discussion about alleged incidents of bias, and that it doesn’t conduct investigations or carry out discipline of students involved in such complaints.

Speech First, which disputes those defenses, challenged the policy on First Amendment free speech grounds, but both a federal district court and the U.S. Court of Appeals for the 7th Circuit, in Chicago, ruled against the organization. The 7th Circuit court concluded that Speech First lacked standing to challenge the policy because it had not shown that its members faced a credible fear of discipline.

The Supreme Court on March 3 declined review, which means Indiana’s policy will remain in place for now. Justices Clarence Thomas and Samuel A. Alito Jr. said they would have heard the case.

Thomas, in a dissent from the denial of review only for himself, said three other federal appeals courts have taken a different view of bias-response policies than the 7th Circuit, thus creating a circuit split that the Supreme Court should resolve. He also expressed concerns about the breadth of such policies.

“Common features of bias response policies suggest that they may cause students to self-censor, fearing the consequences of a report to the bias response team and thinking that speech is no longer worth the trouble,” Thomas said. “Given the number of schools with bias response teams, this court eventually will need to resolve the split over a student’s right to challenge such programs.”

Citing specific school district policies

Parents Defending Education argues that such bias-response policies may cover a “nearly any perceived slight—say, a ‘microinsult’ or ‘microinvalidation,’” the brief says.

“The point of it all is unmistakable: coerce young children and their parents into silence while administrators and consultants institute radical, age-inappropriate curricula and ideological indoctrination,” PDE says in the brief.

Parents Defending Education says in its brief that some school districts have crafted their policies in this area from a report called “Responding to Hate and Bias at Schools” by the Learning for Justice project of the Southern Poverty Law Center.

PDE argues that the report takes too broad a view of bias to include “casual pejoratives” and even student recognition events.

The Southern Poverty Law Center declined a request for comment, but its guide says that “a school climate that encourages inclusion and promotes tolerance ... creates an atmosphere in which these acts are less likely to gain momentum and more likely to be quickly and widely denounced.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts LGBTQ+ Rights, Ed. Dept. Cuts, Ten Commandments: A Summer Legal Roundup
Courts weighed in this summer on LGBTQ+ rights, school speech, and religion in classrooms.
11 min read
Demonstrators are seen outside the Supreme Court as oral arguments were heard in Mahmoud v. Taylor on April 22, 2025, in Washington, D.C. The case contends that forcing students to participate in LGBTQ+ learning material violates First Amendment rights to exercise religious beliefs.
Demonstrators are seen outside the Supreme Court as oral arguments were heard in Mahmoud v. Taylor on April 22, 2025, in Washington, D.C. The high court later ruled that parents have a constitutional right to excuse their children from LGBTQ-themed lessons based on religious objections.
Tom Williams/CQ Roll Call via AP Images
Law & Courts With Childhood Vaccination Rates Falling, Debate on Religious Exemptions Grows
There is growing pressure from parents and the Trump administration for exemptions to be expanded. The U.S. Supreme Court could decide.
10 min read
Left: Republican Sen. Laura Wakim Chapman, chair of the West Virginia Senate Health and Human Resources Committee, holds a map of the U.S. on the Senate floor depicting the states, including West Virginia, that do not allow religious or philosophical exemptions for required school vaccinations on Feb. 21, 2025 in Charleston, West Virginia. Right: West Virginia Gov. Patrick Morrisey speaks during a news conference at the Hubert Humphrey Building Auditorium in Washington on April 22, 2025.
Left: A U.S. map of states without religious or philosophical vaccine exemptions. Right: Republican West Virginia Gov. Patrick Morrisey speaks at a news conference in Washington on April 22, 2025. West Virginia is at the center of the ongoing debate over school vaccine mandates after Morrisey this year issued an executive order requiring religious exemptions.
Left: Will Price/West Virginia Legislature; Right: Jose Luis Magana/AP
Law & Courts Supreme Court Rejects Bid to Block Transgender Boy From Male Restrooms at School
A divided Supreme Court declined to pause an injunction blocking a South Carolina law as it applied to a transgender male student.
2 min read
The Supreme Court building is seen on April 30, 2025, in Washington.
The U.S. Supreme Court building is seen on April 30, 2025, in Washington. The high court recently declined to pause a ruling allowing a South Carolina transgender student to use restrooms consistent with his gender identity.
Mark Schiefelbein/AP
Law & Courts School's Confederate Name Violates Students' Free Speech, Judge Says
The district was the first to reverse course and bring back Confederate names for its schools. The litigation is ongoing.
3 min read
Stonewall Jackson High School in Shenandoah County.
The Shenandoah County, Va. school board voted in May 2024 to rename Mountain View High School as Stonewall Jackson High School and Honey Run Elementary as Ashby Lee Elementary four years after the names had been removed. Now, a judge has found the decision to rename the high school violated students' free speech rights.
<a href="https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/" target="_blank" link-data="{&quot;cms.site.owner&quot;:{&quot;_ref&quot;:&quot;00000173-0561-d1f0-a17f-adef4bee0000&quot;,&quot;_type&quot;:&quot;ae3387cc-b875-31b7-b82d-63fd8d758c20&quot;},&quot;cms.content.publishDate&quot;:1757538383770,&quot;cms.content.publishUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;cms.content.updateDate&quot;:1757538383770,&quot;cms.content.updateUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;link&quot;:{&quot;disableUtmTracking&quot;:false,&quot;target&quot;:&quot;NEW&quot;,&quot;attributes&quot;:[],&quot;url&quot;:&quot;https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/&quot;,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77343390000&quot;,&quot;_type&quot;:&quot;ff658216-e70f-39d0-b660-bdfe57a5599a&quot;},&quot;linkText&quot;:&quot;Courtesy of Nathaniel Cline/Virginia Mercury&quot;,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs.enhancementAlignment&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._template&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs.type&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._preset&quot;:null,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs._preset&quot;:null,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77342e50001&quot;,&quot;_type&quot;:&quot;809caec9-30e2-3666-8b71-b32ddbffc288&quot;}">Courtesy of Nathaniel Cline/Virginia Mercury</a>