Education Law

Judge permits Alabama city to leave school district despite finding racial motive

A U.S. district court judge in Birmingham, Alabama, found that the nearby city of Gardendale wants to leave its school district for racial reasons, a message she said “assail[s] the dignity of black schoolchildren.” Nonetheless, the Washington Post reported Thursday that Judge Madeline Haikala ruled that Gardendale may take steps…

Apr 28, 2017 4:37 PM CDT

Are schools that fail to teach children to read violating their rights? (podcast w/transcript)

The 14th Amendment has been used to secure civil rights for a multitude of groups. But does it give children a constitutional right to literacy? Is it the government's responsibility to adequately fund schools, so students learn what they need to reach appropriate reading levels?

Apr 24, 2017 8:30 AM CDT

New Mexico outlaws ‘lunch shaming’ in legislation said to be first of its kind

New Mexico Gov. Susana Martinez has signed a bill intended to end “lunch shaming” practices that embarrass children when their parents can’t pay the bill for school lunches. The bill, thought to be the first of its kind, requires schools to work with parents to pay their bills or to…

Apr 11, 2017 8:00 AM CDT

Transgender teen called ‘modern-day human rights leader’ in 4th Circuit concurrence

A transgender teen may once again be banned from the boys’ restroom at his high school as a result of an appeals court order Friday. The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals lifted an injunction that had allowed Gavin Grimm to use the boys’ restroom at his high…

Apr 10, 2017 8:30 AM CDT

Title VII protects gay workers, 7th Circuit rules; Posner backs ‘interpretive updating’ of old laws

In an opinion praised by gay-rights advocates, an en banc federal appeals court has ruled that Title VII of the Civil Rights Act protects employees from discrimination on the basis of sexual orientation.

Apr 5, 2017 11:54 AM CDT

Chemerinsky: Civil rights advocates win important victories at SCOTUS

Civil rights plaintiffs won two important victories last week in the U.S. Supreme Court.

Mar 30, 2017 8:30 AM CDT

In answer to ABA lawsuit, Education Department says it never changed loan forgiveness rules

In response to a lawsuit from the American Bar Association, the U.S. Department of Education appears to be arguing that it has never issued any approval to participate in its Public Service Loan Forgiveness program. The ABA sued (PDF) the DOE on Dec. 20, after the PSLF program began disqualifying…

Mar 28, 2017 6:50 AM CDT

Former Penn State president is convicted on one charge in Sandusky case

Former Penn State University president Graham Spanier was convicted Friday of misdemeanor child endangerment but acquitted of two other charges in connection with the Jerry Sandusky child molestation scandal. Spanier was convicted on the single misdemeanor child endangerment charge based on allegations that he failed to respond appropriately to a…

Mar 27, 2017 8:38 AM CDT

Supreme Court rules schools must provide special ed students a chance to make ‘meaningful progress’

The Individuals with Disabilities in Education Act requires schools to offer education plans “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances,” the U.S. Supreme Court ruled (PDF) Wednesday. As NPR reported, the unanimous ruling was a win for Endrew F., a Colorado…

Mar 22, 2017 2:51 PM CDT

Gorsuch could set back special-education law if confirmed to SCOTUS, report alleges

If Neil M. Gorsuch is confirmed for the U.S. Supreme Court, special-education protections for schoolchildren could be in jeopardy, according to the National Education Association. The NEA released a report Thursday, EdWeek.org reports. Gorsuch as a 10th U.S. Circuit Court of Appeals judge “erected technical legal barriers” against lawsuits brought…

Mar 9, 2017 2:12 PM CST

SCOTUS sends transgender school bathroom case back to 4th Circuit

An appeal regarding bathroom rights for a transgender high school student was vacated and remanded by the U.S. Supreme Court on Monday in light of the new presidential administration's position.

Mar 6, 2017 9:44 AM CST

SCOTUS clerk tells amici to caption case of transgender teen with masculine pronoun

U.S. Supreme Court clerk Scott Harris has informed three groups that the caption on their amicus briefs should refer to a transgender teen with a masculine pronoun. Harris told the groups that their reference to Gavin Grimm on the cover of their briefs violated Rule 34 of the Rules of…

Mar 1, 2017 7:00 AM CST

Right to Learn: Advocates for Detroit students say there’s a constitutional claim to literacy

Lawyer Mark Rosenbaum found schools in Detroit where the air conditioning and heating systems malfunctioned, requiring students to try to learn in stifling heat or in Michigan’s bitter winter cold. Teachers were buying not only their own school supplies but their own toilet paper. Some started every morning by cleaning rat droppings out of their classrooms.

Mar 1, 2017 3:50 AM CST

Rehire lawyer who criticized Stanford’s sex misconduct investigation rules, student senate says

A lawyer on contract with Stanford University to represent individuals involved in campus sexual misconduct matters—who lost the business after publicly criticizing the school’s standard of proof—should be reinstated, according to a resolution recently passed by the student senate. Crystal Riggins, a Hoge Fenton Jones & Appel partner, was one…

Feb 28, 2017 7:45 AM CST

Trump administration rescinds Obama policy on transgender restrooms, cites lack of legal analysis

The Trump administration on Wednesday rescinded a directive that had told public schools to allow transgender students to use bathrooms and locker rooms that match their gender identity.

Feb 23, 2017 8:20 AM CST