News & Analysis as of

Educational Institutions Public Schools Constitutional Challenges

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Troutman Pepper Locke

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025

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A Native American advocacy group has filed a federal civil rights lawsuit against the New York Board of Regents to stop a rule that prohibits the use of indigenous mascots in public schools from taking effect, saying the ban...more

Clark Hill PLC

Ninth Circuit: Schools Cannot Add New Charges and Penalties Without Specific Notice and Meaningful Opportunity to Respond

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In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

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Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Parker Poe Adams & Bernstein LLP

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

Akin Gump Strauss Hauer & Feld LLP

Ending Radical Indoctrination in K-12 Schooling (Trump EO Tracker)

Summary - Enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights. All relevant...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

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On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Bricker Graydon LLP

Additional Title IX Regulation Injunctions Just Before the Implementation Deadline

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In the days just before the August 1, 2024 implementation deadline, a flurry of judicial activity changed the landscape of new Title IX regulation implementation yet again. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part VI: Supreme Court Declines to Hear Case Over Race-Neutral Measures Allegedly Intended to Increase Racial...

The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Decision in Carson v. Makin Reconfirms Availability of Municipal Bond Financing for Religious Organizations

Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more

Steptoe & Johnson PLLC

New Supreme Court Ruling Paves Way for State Funds in Religious Schools

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The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Venable LLP

A SCOTUS Stay of OSHA's "Vax or Test" Rule: What Does It Mean for Independent Schools?

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As we previously wrote, on September 9, 2021 President Biden announced a strategy to combat COVID-19 that, among other things, directed the Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

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T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

BCLP

Eighth Circuit Sides With Schools In Constitutional Challenge to Vaccine Religious-Exemption Form

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While the topic of vaccines dominates today’s news, the Eighth Circuit recently affirmed the dismissal of constitutional challenges to Missouri’s mandatory form for requesting a religious exemption to the state’s...more

Stinson LLP

Connecticut Supreme Court Holds Public School System Is Constitutionally Adequate

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On January 17, 2018, the Connecticut Supreme Court held the state's public schools provide constitutionally adequate educational opportunities to students....more

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