The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

School districts must not only be knowledgeable about the historical context of school desegregation, but also what current efforts are occurring across the U.S. to combat school segregation as they may help guide them in leveraging policy in their own school communities' school integration endeavors. Thus, the purpose of this "Equity by…

May 2020 was the 66th anniversary of the U.S. Supreme Court's ruling in "Brown v. Board of Education of Topeka." In this case, perhaps the most important ruling of the 20th century, the Supreme Court ruled that the racial segregation of Black children in public schools was unconstitutional. In addition, the ruling in "Brown v.…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

The advent of critical race theory (CRT) in legal scholarship changed the way in which legal scholars think about race and racism in at least three ways. First, CRT scholars argue that the problem of racial justice is fundamental to American law, whereas the previous generation of civil rights scholars saw racial justice as a problem of…

This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due…

In this critique, race is centralized to draw attention to the role it plays in the complex evolution of response to intervention, past and present. I use a critical race theory analytical lens to focus on how the dominant narrative serves as a framework within institutional and political structures in support of the approach. A brief overview of…

In "Badges and Incidents," Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American…

The 2007 "Parents Involved in Community Schools v. Seattle School District No. 1". Supreme Court 5:4 decision suggests that the Court is divided in its interpretation of "Brown" and its intent in addressing racial segregation. Although "Brown" intended equal educational opportunities through desegregation practices,…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

This article examines the historical relationship between political power and the pursuit of education and social equality from the Reconstruction era to the present. The chief argument is that education equality is historically linked to and even predicated on equal political power, specifically, equal access to the franchise and instruments of…

The federal government's role in PreK-12 education has long been contentious and continues to evolve. Many have written about education governance, but few have attempted to define an appropriate role for the federal government. That is the core purpose of this essay. The authors articulate a set of principles to guide the federal role in…