Education
Every state constitution includes language mandating the establishment of a public education system. At least 15 state constitutions and multiple state statutes hold that public education is “essential to the preservation of rights and liberties of the people” or necessary to maintain a government “by the people.” Many state courts have considered state constitutional challenges rooted in the right to education or an adequate education — a guarantee that is not included in the U.S. Constitution.
Educational issues include inadequate or inequitable funding, efforts to ban books, limits on teaching “critical race theory,” access or limits to charter schools and vouchers, education tax structures, educational accommodations, teacher tenure and pensions, gender identity policies, school discipline, and limits to a school board’s authority.
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How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
The Education Wars Return to Ohio
A trial court found that Ohio’s voucher program violated the state constitutional educational guarantees and prohibitions on state funding of religious schools.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”
Disability Rights Under State Constitutions
Thirty-five years after the passage of the Americans with Disabilities Act, state constitutional anti-discrimination clauses, voting rights, and educational guarantees can expand protections for people with disabilities.
The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.