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.
Filters
A Brief History of Colorado’s Constitution
Colorado’s constitutional history provides an ambivalent promise of human rights and social equality.
How Texas Law Lets the State Get Around Injunctions
An unusual state court procedure allows the attorney general to undo trial court rulings just by filing an appeal.
The Constitutionality of Stripping Elected Officials of Their Power
Ohio’s legislature passed a law that eliminates most of the state board of education’s powers, potentially violating the Ohio Constitution.
State Courts Confront Climate Change
Two lawsuits seek relief from climate change using state constitutions.
School Funding Case Shows Challenges of Upholding Certain Rights in Court
An ideological shift on the North Carolina Supreme Court could upend a landmark decision in a long-running battle for adequate public education spending under the state’s constitution.
In the Education Culture War, Don’t Overlook State Constitutions
State provisions that commit states to ensuring democratic citizenship through education are promising tools to challenge illiberal education measures.