Future of girls’ sports may hinge on mortuary case
Montana case could prompt last judgment for Blaine Amendments
American Legion Cross Case May Make It Harder To Sue Schools Over Religion
Attempt to remove Arizona justice fails
Will the state’s courts redraw school-district lines?
Trump overturns Obama guidance on race in public schools
Court victory for charter schools in Louisiana
High court hears oral argument in Janus v. AFSCME
Should schools act as community hall monitors?
But Blaine Amendments stand, for now
Florida courts uphold tax credits
Supreme Court raises level of benefit
Unions challenge constitutionality of reforms
Plaintiffs seek to overturn Rodriguez
Supreme Court favors race-based policies
Union victory on tenure may be short-lived
Supreme Court lets agency fees stand
Teachers fight to end forced union contributions
Washington Supreme Court strikes down charter schools
“Disingenuous” federal officials lose battle to shut down Louisiana Scholarship Program
State restrictions on voucher programs rest on shaky foundation
Court’s latest ruling will hurt minority students
Office of Civil Rights takes on school finance
With Martha Derthick’s passing on January 12, 2015, America lost one of its preeminent scholars of American politics.
Litigation shows they have arrived
Court decision terrifies unions
A compelling play on the wrong stage?
Obama administration retreats on vouchers
Arizona case shows limits of litigation
Court upholds Michigan law forbidding public schools from collecting union dues through payroll deductions
School finance claims shuffle back to life
We aren’t sure if you can say that
Desegregation cases affecting hundreds of districts haven’t been concluded.
Court knows coercion when it sees it
If you schedule it, will they come?
Alabama plaintiffs lose federal school finance challenge
Voucher wars heat up in Colorado
Teachers sue to protect pensions
Parents in a wealthy district sue to pay more taxes
Do elementary school students have free-speech rights?
Highly qualified teachers don’t grow on trees
New York courts close one door, federal money opens another
New front opens in the math wars
Court says charter school is not a state actor
Students find unexpected ally in the Christian Right
From strip searches to school funding, the Court treads lightly
Schools Win in Court
Arizonans battle federal court order to spend more
California case centers on parents' rights
Plaintiffs exploit weaknesses in NCLB
Parent's wealth muddies special-education tuition case
Court offers schools little guidance
Testing the constitutionality of charters and vouchers
Parents may gain right to sue over NCLB
Court rulings disappoint plaintiffs
When courts decide how to spend taxpayer dollars
The Supreme Court takes up race-based school assignment
Unions and Home Schoolers Attack Internet Education
Florida’s supreme court is no stranger to political warfare. Before the U.S. Supreme Court decided Bush v. Gore in favor of George W. Bush, the Florida court had ruled in favor of Al Gore. And the same court played a crucial role in the state’s extraction of an $11.3 billion settlement from the tobacco industry […]
Last rites for Intelligent Design
A sharp question from Justice Thomas: “don’t you think it’s a bit odd that – that things that violate the Establishment Clause, when done in a public school, are not considered religious enough for Free Exercise protection when done in a parochial school?”
Opinion cites 110-degree classrooms, “rodent feces” in Detroit schools.
Supreme Court hears a mother’s challenge to Montana’s ban on tax-credit scholarships to religious schools
Which teachers qualify for the “ministerial exception”?
Four justices hint they might be willing to overturn a Scalia opinion some saw as curtailing the free exercise of religion.
Quelle Horreur! New York Times Shocked to Learn That People Who Disagree with the New York Times Have Constitutional Rights
Conservatives didn’t weaponize the First Amendment; the authors of the Bill of Rights did.
If the four Supreme Court justices who sided with Friedrichs vote to hear Mark Janus’s case, and if Neil Gorsuch votes according to expectations, agency fees could be dead by the end of the court’s next term.
With Justice Antonin Scalia’s unexpected passing, we can’t help but ask what will happen with Friedrichs v. California Teachers Association, which appeared headed to a 5-4 split.
In the real world, limited resources force state legislatures to make tough choices about allocating tax dollars to roads, police, prisons, parks, and K-12 education.
The education community should be watching to see how the Supreme Court rules on a housing case from Dallas which considers whether plaintiffs can bring “disparate impact” claims under the Fair Housing Act (FHA).
In Friedrichs, ten California teachers are arguing that agency fees (combined with onerous “opt-out” procedures) violate their rights to freedom of speech and association
The Department of Education’s Office of Civil Rights lacks any reasonable legal foundation for its adventures in educational management.
Schools, we are constantly told, are supposed to educate students for citizenship. Part of being an American citizen is learning to tolerate speech that you don’t like.
Today’s guidelines announced in Baltimore by the Justice and Education Departments brings the tortured logic of disparate impact to school discipline.
Voters think Colorado already has good schools and were not in the mood to approve the largest tax hike in state history.
The court’s decisive ruling upholding the constitutionality of the current system will make it much more difficult to convince Colorado voters to open their wallets.
Courts are undoubtedly going to be called upon to draw lines which will inevitably have some appearance of arbitrariness.
The AEA and other Alabama choice opponents had better pray for a miracle, or prepare for the country’s newest tax credit program to become law.
Few good things came out of Hurricane Katrina but one has been the transformation of the New Orleans’ school system.
Last Thursday, Washington’s Supreme Court ruled that the state legislature needs to spend more on education. At first glance, the ruling looks like significant victory for the plaintiffs, but a close reading of the ruling shows that looks can be deceiving.
In our latest Legal Beat column, Martha Derthick and I discuss a case, Renee v. Duncan, where the 9th Circuit held that teachers seeking alternative certification could not count as highly qualified under No Child Left Behind.
South Carolina is on the cusp of leapfrogging most of the competition by passing one of the most ambitious pieces of school choice legislation in the country.
Last week the media reported the apparently shocking news that the Kansas City, Missouri School District school board voted 5-4 to close nearly half of its schools, 26 of 61 schools in the district. But those familiar with the district were not surprised. The real question is not why the school board has decided to close so many schools but why it took them so long.
On Monday, Secretary of Education Arne Duncan announced that his department will expand its efforts in civil rights enforcement. Like everything this sounds fantastic in the abstract. Who after all publicly declares that they oppose protecting civil rights? The details, though, paint a more troublesome picture.
In “Strange Bedfellows,” Martha Derthick and I wrote on a case out of Texas, Palmer v. Waxahachie Independent School District, that brought two unusual groups together on the same side: supporters of John Edwards and Christian conservatives.
The new issue of Education Next includes a “legal beat” column by Martha Derthick and myself that discusses three important rulings from the Supreme Court’s last term. “Receiving almost no attention but potentially of utmost significance,” we wrote, “was Horne v. Flores, a case about English-language learning in which the court divided narrowly along ideological lines, with Kennedy joining the five-member majority.” Anyone doubting the potential significance of the Supreme Court’s decision in Horne v. Flores should consider two recent developments in Florida and Colorado.
Colorado’s state Supreme Court defied national trends on Monday, handing down a decision in Lobato v. State that thrusts the judiciary into the middle of the state’s educational finance disputes.