A recent publication from the Brookings Institution explored what education law and policy experts think about the 2024 US Supreme Court term and its impact on K-12 education.
The 2024 US Supreme Court term just concluded and the docket had three cases that were significant for public education. The cases concerned religious charter schools, education access for students with a disability, and, as previously covered on Conduit Street, a case originating in Montgomery County regarding LGBTQIA+ content in elementary school curriculum.
Broadly the decisions in each case practically:
- ease the burden of proof for students with federal disability rights grievances (9-0), A.J.T. v. Osseo Area Schools
- preserve parental opt-out right for certain curriculum (6-3), Mahmoud v. Taylor
- continue prohibition on religious public schools (4-4, 1 recused), Oklahoma Statewide Charter School Board v. Drummond
Concluding remarks from each of the five experts touched on different aspects of the three cases.
These signs, I fear, spell deep trouble for public education and the rights of students in ways that will be revealed by the Court over the next couple of years. – Robert Kim
Public education survived what risked being the most painfully consequential decision in half a century in Drummond—or at least survived to fight another day—while suffering a stiff smack on the hand in Mahmoud. – Derek Black
In the end, allowing families to opt out for religious-related beliefs will increase administrative burden for schools while teachers cater to various parents’ religious beliefs. – Suzanne Eckes
While states received a reprieve, they are on notice. In the future, the Court will probably hold that prohibitions against religious charter schools violate the Free Exercise Clause. – Preston Green
At a time when schools are in dire need of more resources and support, the Court has added only more challenges to their plate. – Rachel M. Perera
The 2025 term, set to begin in October, currently has 32 cases on the list so far, with only two having potential implications for education. Those cases are:
- West Virginia v. B.P.J. – Title IX and Transgender Athlete Participation
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Department of Education v. Career Colleges and Schools of Texas – Student Loan Repayment
