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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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.
After U.S. Supreme Court Ruling, It’s Back to States’ Laboratories for Religious Charter Schools
An evenly split Court left in place the Oklahoma Supreme Court’s decision that granting a charter to a religious school was unconstitutional.
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.
Louisiana Voters Considering Constitutional Changes that Expand Legislative Power
This week’s ballot asks voters to overhaul the state tax code, give lawmakers more power over creation of courts and juveniles’ punishments, and more.