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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State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
What Is a ‘Public Education’?
Formal legal questions around school funding haven’t changed much over decades, but cultural attitudes toward schooling have.
A Conversation with Justice Anita Earls of the North Carolina Supreme Court
Earls spoke about bias, judicial decision-making in politicized environments, and how voters should assess judicial candidates.
Does Tennessee’s School Choice Program Violate the State Constitution’s Public Education Guarantee?
An education choice advocate argues that it does not — and points out that state high courts have consistently rejected arguments that such programs undermine public education.
North Carolina High Court Set to Backtrack on School Funding
The state supreme court is revisiting its 2022 ruling requiring the legislature to allocate funds to ensure children receive a constitutionally adequate education.
Students and Parents Bring State Constitutional Challenges to Racial Segregation in Schools
Seventy years after Brown v. Board of Education, state constitutions may be the best path to desegregation.
A Brief History of Colorado’s Constitution
How Texas Law Lets the State Get Around Injunctions