Law & Courts

Education news, analysis, and opinion about court cases, lawsuits, and regulations affecting schools.
  • Education Week opinion letters submissions
    Gwen Keraval for Education Week
    Law & Courts Letter to the Editor Why Does America Still Need Affirmative Action?
    The U.S. Supreme Court ruling may have negative implications for K-12, writes a special education teacher.
    August 15, 2023
    1 min read
    People protest outside of the Supreme Court in Washington on June 29, 2023. The Supreme Court struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
    Demonstrators outside of the U.S. Supreme Court on June 29, the day the court struck down affirmative action in college admissions. The Biden administration on Aug. 14 issued guidance on other ways colleges to promote racial diversity.
    Jose Luis Magana/AP
    Law & Courts Biden Administration Outlines How Colleges Can Pursue Racial Diversity After Court Ruling
    The U.S. Departments of Education and Justice say universities may partner with schools on outreach and recruitment of minority students.
    Mark Walsh, August 14, 2023
    5 min read
    Illustration of an online teacher working with four students.
    Olivia_art/iStock/Getty
    Law & Courts Lawsuit Challenges First Religious Charter School in Oklahoma
    The suit argues that the Catholic virtual school violates a state constitutional requirement that public schools not be "sectarian."
    Mark Walsh, July 31, 2023
    4 min read
    The U.S. Supreme Court is seen on July 13, 2023, in Washington.
    The U.S. Supreme Court on July 13, 2023, in Washington. A Tennessee student is suing his school district over his suspension for social media posts that lampooned his principal, and the student contends his discipline is inconsistent with a 2021 U.S. Supreme Court decision on when schools may punish off-campus speech.
    Mariam Zuhaib/AP
    Law & Courts A Student Lampooned His Principal on Instagram and Got Suspended. Now, He's Suing
    The student argues his posts did not disrupt school and are protected under a Supreme Court decision.
    Mark Walsh, July 19, 2023
    6 min read
    The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
    The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
    AP
    Law & Courts 2 Big Supreme Court Cases—But Not the Ones You Think—With Implications for Public Schools
    Employees won stronger ground to claim a religious accommodation, as a new case will address when job transfers are covered by federal law.
    Mark Walsh, July 7, 2023
    10 min read
    People react outside of the Supreme Court Friday, June 30, 2023, in Washington, after the Supreme Court's conservative majority ruled that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. The court ruled 6-3 for designer Lorie Smith despite a Colorado law that bars discrimination based on sexual orientation, race, gender and other characteristics. Smith had argued that the law violates her free speech rights.
    People react outside of the U.S. Supreme Court Friday, June 30, 2023, in Washington, after the Supreme Court's conservative majority ruled that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. The court ruled 6-3 for designer Lorie Smith despite a Colorado law that bars discrimination based on sexual orientation, race, gender, and other characteristics. Smith had argued that the law violates her free speech rights.
    Mariam Zuhaib/AP
    Law & Courts In Supreme Court Decision Affecting LGBTQ+ Rights, Both Sides Cite Education Precedents
    In case of a wedding website designer who refused to create a site for a same-sex couple, the majority and dissent cite school cases.
    Mark Walsh, June 30, 2023
    4 min read
    President Joe Biden speaks in the Roosevelt Room of the White House on June 30, 2023, in Washington. Education Secretary Miguel Cardona listens at left. The Biden administration is moving forward on a new student debt relief plan after the Supreme Court struck down his original initiative to provide relief to 43 million borrowers.
    President Joe Biden speaks in the Roosevelt Room of the White House on June 30, 2023, in Washington. Education Secretary Miguel Cardona listens at left. The Biden administration is moving forward on a new student debt relief plan after the Supreme Court struck down his original initiative to provide relief to 43 million borrowers.
    Evan Vucci/AP
    Law & Courts Supreme Court Rejects Student Loan Relief Plan
    In a case watched by teachers, the U.S. Supreme Court struck down the Biden administration’s plan to relieve $400 billion in student debt.
    Mark Walsh, June 30, 2023
    6 min read
    People protest outside of the Supreme Court in Washington, Thursday, June 29, 2023. The Supreme Court on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
    People protest outside of the Supreme Court in Washington, Thursday, June 29, 2023. The Supreme Court on Thursday struck down affirmative action in college admissions, declaring race cannot be a factor and forcing institutions of higher education to look for new ways to achieve diverse student bodies.
    Mariam Zuhaib/AP
    Law & Courts Supreme Court Ends Affirmative Action in College Admissions in Decision Watched by K-12
    The U.S. Supreme Court struck down affirmative action in college admissions, a change to the use of race that may be felt in K-12 schools.
    Mark Walsh, June 29, 2023
    10 min read
    Police officers stand guard outside of the U.S Supreme Court building on June 23, 2023, in Washington.
    Police officers stand guard outside of the U.S Supreme Court building on June 23, 2023, in Washington, where the justices this week are ruling on major cases that will impact K-12 schools.
    Mariam Zuhaib/AP
    Law & Courts Supreme Court Makes It Harder to Prosecute 'True Threats' That Could Be Aimed at Schools
    The justices seek to strike a balance between First Amendment free speech and threats, with concerns evident about student expression.
    Mark Walsh, June 27, 2023
    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 Supreme Court Declines to Hear Closely Watched Case on Charter Schools
    The justices won't consider whether charter schools are "state actors," which has implications for the push for religious charter schools.
    Mark Walsh, June 26, 2023
    5 min read
    Caution tape and caution signs surround Burlington High School in Burlington, Vt., on May 9, 2021.
    Caution tape and caution signs surround Burlington High School in Burlington, Vt., on May 9, 2021.
    Luke Awtry for Education Week
    Law & Courts Vermont Is First State to Sue Monsanto Over PCBs in Schools
    Vermont officials are demanding compensation for the costs of testing and remediating the toxic chemical in schools.
    Mark Lieberman, June 21, 2023
    4 min read
    A copy of the book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006 in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own.
    The book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006, in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own. The authors of the book and some students are suing a Florida district and the state board over the book's removal.
    Nam Y. Huh/AP
    Law & Courts Authors and Students Sue Florida Education Officials to Restore Access to Banned Book
    The plaintiffs are suing to get access to the book restored.
    Eesha Pendharkar, June 21, 2023
    4 min read
    Demonstrators stand outside of the U.S. Supreme Court, as the court hears arguments over the Indian Child Welfare Act on Nov. 9, 2022, in Washington. The Supreme Court has preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children. The court left in place the 1978 Indian Child Welfare Act, which was enacted to address concerns that Native children were being separated from their families and, too frequently, placed in non-Native homes.
    Demonstrators stand outside of the U.S. Supreme Court as it heard arguments over the Indian Child Welfare Act on Nov. 9, 2022. In a ruling Thursday, the court preserved the system that gives preference to Native American families in foster care and adoption proceedings of Native children.
    Mariam Zuhaib/AP
    Law & Courts Supreme Court Backs Indian Child Welfare Act, as a Justice Cites Boarding School Legacy
    Justice Neil M. Gorsuch says the nation's "devastating" policies of removing Native children from families necessitated the federal law.
    Mark Walsh, June 15, 2023
    7 min read
    Harry Briggs stands in front of the Scott's Branch School in Summerton, S.C., May 8, 1979. In 1950, Briggs filed a school desegregation lawsuit, seeking equal schools and pay for teachers. The U.S. Supreme Court ruled in 1954 that separate but equal schools were unconstitutional.
    Harry Briggs stands in front of the Scott's Branch School in Summerton, S.C., May 8, 1979. In 1950, Briggs filed a school desegregation lawsuit, seeking equal schools and pay for teachers. The U.S. Supreme Court ruled in 1954 that separate but equal schools were unconstitutional.
    Lou Krasky/AP
    Law & Courts Should 'Brown v. Board of Education' Be Renamed? The Debate, Explained
    Descendants contend the companion case Briggs v. Elliott was unfairly bumped from the top of the historic decision.
    Mark Walsh, June 5, 2023
    11 min read
    James Pan, the parent of an eighth-grader, speaks about a lawsuit he and other parents filed against the Fairfax County School Board over its plans to change the admissions process at Thomas Jefferson High School for Science and Technology, an elite public schools regularly ranked as one of the nation's best on Nov. 5, 2020 in Fairfax, Va.
    James Pan, the parent of an 8th grader in Fairfax, Va., speaks Nov. 5, 2020, about a lawsuit he and other parents filed against the Fairfax County district over its plans to change the admissions process at Thomas Jefferson High School for Science and Technology.
    Matthew Barakat/AP
    Law & Courts How a Court Ruling on a School’s Admission Policy Could Impact Others
    Legal experts say a coming U.S. Supreme Court decision on race in college admissions could be relevant for the magnet school's policy.
    Mark Walsh, May 25, 2023
    8 min read