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 Arkansas Constitution: A Diamond in the Rough?
Its origins are tainted and its performance mixed, but the 1874 document allows Arkansans to intervene in governance.
Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
The Wisconsin Constitution: Initial Adoption Fights and a Veto Power That’s Still Contested
The charter is a guide for safeguarding the state’s aim of self-determination.
The Delaware Constitution: The First of Firsts
Ironically, Delaware is last in allowing its citizens forms of direct democracy.
The Hawaii Constitution: Rooted in Culture and ‘Āina (Land)
With extensive protections for the environment, the Hawaii Constitution is a model for other states’ green amendments and public trust provisions.
North Carolina Supreme Court Throws Out Decades-Old Right-to-Education Case
The decision, which comes after a 2022 change in the composition of the court and reverses the court’s earlier holding in the same case, rests on dubious grounds.
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.
The Kentucky Constitution: From Open Frontier to Fiercely Independent
The state constitution’s strong separation of powers language was written by Thomas Jefferson; he wished the U.S. Constitution had the same.