Standards

High Court Denies Case on Science Standards

By Mark Walsh — November 29, 2016 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court has declined to hear the appeal of a group of Kansas parents and students who object on religious grounds to the state’s adoption of the Next Generation Science Standards.

The group alleged in a lawsuit against the Kansas state education department that the standards, developed by 26 states based on a framework published by the National Research Council, address religious questions by removing a “theistic” viewpoint and creating a “non-theistic worldview” in science instruction in the public schools.

Citizens for Objective Public Education, or COPE, argued that Kansas’s 2013 adoption of science standards based on the Next Generation Science Standards and the National Research Council’s framework constituted an unconstitutional government establishment of religion and also violated the First Amendment free exercise of religion rights of the families.

A federal district court held in 2014 that the group and its members lacked standing to bring the suit because the alleged injuries were abstract.

In an April decision, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit, in Denver, unanimously upheld the district court and rejected COPE’s theories of legal injury.

“COPE does not offer any facts to support the conclusion that the standards condemn any religion or send a message of endorsement,” the 10th Circuit court said. “And any fear of biased instruction is premised on COPE’s predictions of school districts’ responses to the standards—an attempt by COPE to recast a future injury as a present one.”

Viewpoint Sought

The U.S. Supreme Court asked Kansas to respond to COPE’s appeal, and the state stressed that curriculum decisions remain a matter for local school districts.

“Although Kansas law requires the state board of education to establish curriculum standards, locally elected school boards remain free to determine their own curricula,” said the brief filed by Kansas Attorney General Derek Schmidt. He added that COPE had not alleged that children involved in the suit attended districts where the standards had been implemented.

The Supreme Court Nov. 14 declined without comment to hear the group’s appeal in COPE v. Kansas State Board of Education (Case No. 16-229).

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
Equity & Diversity Webinar
Classroom Strategies for Building Equity and Student Confidence
Shape equity, confidence, and success for your middle school students. Join the discussion and Q&A for proven strategies.
Content provided by Project Lead The Way
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
Professional Development Webinar
Disrupting PD Day in Schools with Continuous Professional Learning Experiences
Hear how this NC School District achieved district-wide change by shifting from traditional PD days to year-long professional learning cycles
Content provided by BetterLesson
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and other jobs in K-12 education 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

Standards Political Debate Upends Texas Social Studies Standards Process
The Lone Star State is the latest to throw out a set of standards after conservative activists organized in opposition.
7 min read
USA flag fractured in pieces over whole flag.
iStock/Getty Images Plus
Standards Opinion Educators Weigh In on Implementing the Common Core, Even Now
Though outlawed in some states, the standards still offer a strong foundation for English, math, and other subjects.
4 min read
A woman tutors a young child.
Collage by Vanessa Solis/Education Week (images: Svetlana Ievleva/iStock/Getty Images Plus; DigitalVision Vectors)
Standards The Sex Ed. Battleground Heats Up (Again). Here's What's Actually in New Standards
Vocal opposition from some conservative groups has put a spotlight on schools’ instructional choices.
11 min read
Illustration of contraceptives and anatomical diagrams of internal reproductive organs and cells
Alisa Potapovich/iStock/Getty
Standards Opinion Did I Accurately Guess the Fate of the Common Core? You Be the Judge
In 2012, I imagined what the Common Core would be like in a decade. Now, readers can compare this imagined “future” to reality.
7 min read
Image shows a multi-tailed arrow hitting the bullseye of a target.
DigitalVision Vectors/Getty