Law & Courts

Education news, analysis, and opinion about court cases, lawsuits, and regulations affecting schools.
  • 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
    This artist sketch depicts Solicitor General Elizabeth Prelogar, right, presenting an argument before the Supreme Court, Monday, Nov. 1, 2021, in Washington.
    U.S. Solicitor General Elizabeth B. Prelogar, shown in a November 2021 sketch arguing before the U.S. Supreme Court, has filed a brief urging the justices not to take up a closely watched case about the legal status of charter schools.
    Dana Verkouteren via AP
    Law & Courts Biden Administration Urges High Court to Reject Case on Legal Status of Charter Schools
    The case about whether a North Carolina charter school is a "state actor" when it enforces its dress code is being watched closely.
    Mark Walsh, May 23, 2023
    4 min read
    Pacific Legal Foundation attorney Erin Wilcox speaks at a news conference outside the federal courthouse on March 10, 2021, in Alexandria, Va., where her organization filed a lawsuit against Fairfax County's school board, alleging discrimination against Asian Americans over its revised admissions process for the elite Thomas Jefferson High School for Science and Technology. A divided federal appeals court on Tuesday, May 23, 2023, upheld the constitutionality of a new admissions policy at the elite public high school in Virginia that critics say discriminates against highly qualified Asian Americans.
    Pacific Legal Foundation attorney Erin Wilcox speaks at a news conference outside the federal courthouse on March 10, 2021, in Alexandria, Va., where her organization filed a lawsuit against Fairfax County's school board, alleging discrimination against Asian Americans over its revised admissions process for the elite Thomas Jefferson High School for Science and Technology. A divided federal appeals court on Tuesday, May 23, 2023, upheld the constitutionality of a new admissions policy at the elite public high school in Virginia that critics say discriminates against highly qualified Asian Americans.
    Matthew Barakat/AP
    Law & Courts Appeals Court Upholds Admissions Policy at Elite Virginia High School
    Critics say the new admissions policy discriminates against highly qualified Asian Americans.
    The Associated Press, May 23, 2023
    3 min read
    Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
    Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
    Dirk Shadd/Tampa Bay Times via AP
    Law & Courts District That Restricted Access to Over 100 Books Sued by Publisher, Free Speech Group
    Penguin Random House, PEN America, and several banned book authors are suing a Florida school district over removing and restricting books.
    Eesha Pendharkar, May 17, 2023
    6 min read
    Justice John Paul Stevens looks over some legal material on Jan. 12, 1976 in Washington, in his chambers prior to joining his colleagues for his first working session on the Supreme Court bench.
    Justice John Paul Stevens looks over some legal material on Jan. 12, 1976, in his chambers before joining his colleagues for his first working session on the U.S. Supreme Court bench.
    Bob Daugherty/AP
    Law & Courts Justice's Files Offer Insights Into Student Prayer and Other Supreme Court Education Cases
    The new trove of John Paul Stevens' papers reveals internal debates over football game prayer, desegregation, Title IX, and drug testing.
    Mark Walsh, May 12, 2023
    14 min read
    Speaker of the House Kevin McCarthy, center, with Rep. Elise Stefanik, R-N.Y., left, and Rep. Julia Letlow, R-La., speaks about proposed legislation dubbed the "Parents Bill of Rights," Wednesday, March 1, 2023, on Capitol Hill in Washington.
    Speaker of the House Kevin McCarthy, center, with Rep. Elise Stefanik, R-N.Y., left, and Rep. Julia Letlow, R-La., speaks about proposed legislation dubbed the "Parents Bill of Rights," Wednesday, March 1, 2023, on Capitol Hill in Washington.
    Jacquelyn Martin/AP
    Law & Courts Lawsuit Alleges Maine School District Violated Parental Rights Over Child's Social Transition
    A mom claims her child's school district is supporting their social transition at school without informing her.
    Eesha Pendharkar, May 4, 2023
    9 min read
    A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
    A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
    Brynn Anderson/AP
    Law & Courts Their District Banned 'Let's Go Brandon!' Shirts. Now Students Are Suing
    The Michigan students wore hoodies with the coded message critical of President Biden, which their district says is inappropriate for school.
    Mark Walsh, May 2, 2023
    8 min read
    A female and male professional with open laptops and surrounded by chat bubbles and social media icons.
    iStock/Getty Images Plus
    Law & Courts Can School Board Members Block Parents on Social Media? Supreme Court to Decide
    The U.S. Supreme Court will hear an appeal from board members who blocked 'unreasonable,' repetitious posts from parents on social media pages.
    Mark Walsh, April 24, 2023
    5 min read
    The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
    The U.S. Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
    Jacquelyn Martin/AP
    Law & Courts U.S. Supreme Court Has Schools in Mind as It Weighs What 'True Threats' Are
    The justices cite school and college scenarios as they consider when speech perceived as threatening may be punished.
    Mark Walsh, April 19, 2023
    6 min read
    Scales of justice and Gavel on wooden table and Lawyer or Judge working with agreement in Courtroom, Justice and Law concept.
    Pattanaphong Khuankaew/iStock
    Law & Courts Court Backs Firing of Teacher Who Refused to Use Transgender Students’ Names
    The appellate court said a teacher seeking a religious accommodation under Title VII caused undue hardship for a school district.
    Mark Walsh, April 10, 2023
    6 min read
    Hundreds of students carry signs and walk out of school on Transgender Day of Visibility outside Omaha Central High School on March 31, 2023 in Omaha, Neb. Students are protesting LB574 and LB575 in the Nebraska Legislature, which would ban certain gender-affirming care for youth and would prevent trans youth from competing in girls sports, respectively.
    Hundreds of students carry signs and walk out of school on Transgender Day of Visibility outside Omaha Central High School on March 31, 2023 in Omaha, Neb. Students are protesting LB574 and LB575 in the Nebraska Legislature, which would ban certain gender-affirming care for youth and would prevent trans youth from competing in girls sports, respectively.
    Anna Reed/Omaha World-Herald via AP
    Law & Courts U.S. Supreme Court Refuses to Reinstate West Virginia’s Transgender Athlete Ban
    Amid a dissent by two justices, the Supreme Court declined for now to get involved in transgender student participation in girls' sports.
    Mark Walsh, April 6, 2023
    4 min read
    President Donald Trump listens during a "National Dialogue on Safely Reopening America's Schools," event in the East Room of the White House, on July 7, 2020, in Washington.
    Former President Donald Trump speaks at the Conservative Political Action Conference in Oxon Hill, Md., on March 4. Trump will be arraigned in New York on Tuesday on charges related to hush money payments, becoming the first American president to be charged with a crime.
    Alex Brandon/AP
    Law & Courts Is Trump Indictment a 'Teachable Moment'? Here's the Historical Significance
    The first indictment of a former president raises some questions about context and precedent.
    Mark Walsh, April 3, 2023
    5 min read
    Emergency personnel remove police tape outside East High School after a school shooting, Wednesday, March 22, 2023, in Denver.
    Emergency personnel remove police tape outside East High School after a school shooting, Wednesday, March 22, 2023, in Denver.
    Hyoung Chang/The Denver Post via AP
    Law & Courts Schools Routinely Search Students for Weapons Under Safety Plans. Should They?
    The recent shooting at a Denver high school involved a student who was subjected to daily patdowns because of a prior disciplinary matter.
    Mark Walsh, March 30, 2023
    9 min read
    Miguel Perez
    Miguel Luna Perez, who is deaf, attended schools in Michigan's Sturgis Public School District from ages 9 through 20.
    Photo courtesy of Luna Perez family
    Law & Courts Supreme Court Rules Deaf Student Can Sue School District Over Alleged Failures
    The justices rule that the Individuals with Disabilities Education Act does not bar the student's suit for money damages.
    Mark Walsh, March 21, 2023
    5 min read
    The U.S. Supreme Court is seen at near sunset in Washington, on Oct. 18, 2018.
    The U.S. Supreme Court is seen at near sunset in Washington, on Oct. 18, 2018.
    Manuel Balce Ceneta/AP Photo
    Law & Courts After 50 Years, a U.S. Supreme Court Decision on Educational Equity Is Still Debated
    In a school finance case from Texas, the justices held that the wealth of districts was not subject to extra constitutional scrutiny.
    Mark Walsh, March 20, 2023
    12 min read