Law & Courts

The Supreme Court and Education: What Happened in the 2020-21 Term

By Mark Walsh — July 01, 2021 3 min read
  • Save to favorites
  • Print

The U.S. Supreme Court issued important decisions on student speech, college athletics, and other issues of interest to educators during the just-concluded 2020-21 term.

It was the first full term conducted remotely because of COVID-19 (after the last few months of the previous term had gone remote in 2020.) The term was also marked by the addition of Justice Amy Coney Barrett, who joined the court in November 2020 after the death in September of Justice Ruth Bader Ginsburg.

During this term, the court notably declined to take up a case on transgender student rights, letting stand a lower court victory by transgender student Gavin Grimm over the right to use the school restroom of his choice. And it put off a decision on taking up a major case about affirmative action in higher education by asking President Joe Biden’s administration to weigh in on Harvard University’s consideration of race in undergraduate admissions.

Here are five education-related cases the court did decide on the merits:

Student speech

In Mahanoy Area School District v. B.L., the court ruled 8-1 that a Pennsylvania school district violated the First Amendment when it punished a student for posting—while off-campus—a vulgar message on Snapchat expressing frustration about school and her cheerleading team. The majority said students have a right to self-expression and that schools are “nurseries of democracy” that play an important role in facilitating student speech. The school district and some education groups took comfort in the fact that the court said schools would sometimes have sufficient grounds to discipline off-campus speech, such as with severe bullying, threats aimed at teachers or students, and in virtual school.

Amateurism in college sports

In a case being watched in K-12 schools as well as in higher education, the court in National Collegiate Athletic Association v. Alston unanimously upheld a lower-court injunction that authorizes increased education-related compensation of student-athletes, such as for graduate school scholarships, paid post-eligibility internships, and study abroad. The court rejected a lighter form of antitrust scrutiny for the NCAA, and a concurrence suggested that other rules of the main college sports governing are subject to challenge under antitrust law. Some observers in K-12 decision worry about the effects of such changes on the recruitment of high school athletes and on youth sports.

Legal challenges to school policies

In a significant decision regarding litigation involving school and college policies, the justices ruled 8-1 in Uzuegbunam v. Preczewski that a request for nominal damages of as little as $1 can keep a lawsuit challenging a government policy alive even when the agency drops the policy. The case before the court involved a challenge to a community college’s policy of limiting First Amendment activity to a small “free-speech zone.” The college dropped its policy under the challenge and sought to end the suit on that basis. But the Supreme Court revived the suit, holding that even a plea for $1 in nominal damages is enough to maintain a plaintiff’s legal standing.

Juvenile justice

In an important juvenile-justice decision, the court held 6-3 in Jones v. Mississippi that in cases involving defendants who committed murder when they were under 18, a court does not need to make a finding that the offender was “permanently incorrigible” before imposing a sentence of life without parole. The high court stressed that a judge or other sentencing authority must still take the youth of a juvenile offender into account in such cases, a process that often involves examining the offender’s childhood and school record.

Affordable Care Act

In California v. Texas, the court ruled 7-2 that a group of Republican-led states lacked legal standing to challenge the Affordable Care Act after Congress in 2017 eliminated the penalty for not complying with the law’s individual mandate to carry insurance. Both the American Federation of Teachers and the National Education Association had joined a friend-of-the-court brief in support of the signature achievement of President Barack Obama’s administration. The brief emphasized the expanded number of children and young adults covered by health insurance because of provisions in the ACA.

Related Tags:

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
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys
English Learners K-12 Essentials Forum Rethinking Instruction for English Learners
Join this free event to explore teacher preparedness, family communication, and strategies to ensure equity and opportunity for students.
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
From Passive to Active Reading: Student Engagement in the Age of AI
What the research tells us about active reading and student engagement—and what it means for teaching in an AI-enabled world.
Content provided by Pearson

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 Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
•
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
•
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP