30 Legal Challenges in Education Systems

1–5: Equal Access to Education

Funding Inequity

Funding disparities between districts result in unequal access to education.

School Desegregation

Desegregation policies notwithstanding, many schools remain racially and socioeconomically segregated.

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Equal Access for Students with Disabilities

Ensuring compliance with IDEA and Section 504 to ensure equal access to education for students with disabilities.

Transportation Equity

Inadequate school transportation disproportionately affects low-income students.

Language Access

Lack of adequate support for ELLs can prevent academic success.

6–10: Discrimination and Harassment

Racial Discrimination

Examples of implicit or explicit bias related to disciplinary practices, academic tracking, and resource allocation.

Title IX Gender Discrimination

Provided an unequal opportunity to or treatment of someone based on gender

LGBTQ+ Rights

Safety and equity for LGBTQ students as well as employees

Religious Freedom

Balancing necessary religious rights with separation of church and state

Bullying and Cyberbullying

Failure to act on harassing behaviors that interfere with the safe learning environment right of students

11–15 Curriculum and Instruction

Curriculum Censorship

Battles over what to teach in the classroom, such as evolution, critical race theory, and gender identity.

Parental Rights in Curriculum

Battles over the right of parents to excuse their children from specific lessons or topics.

Sex Education

Litigation over whether schools should provide comprehensive or abstinence-only sex education.

Standardized Testing

Complaints about the fairness, cultural bias, and the emphasis on testing data.

Teacher Qualifications

Making sure teachers are certified and trained, particularly in low-resourced districts.

16–20: Student Rights

Freedom of Speech

Balancing students’ rights to free expression with the need to maintain order in schools.

Discipline and Due Process

Protecting fair disciplinary measures that do not disproportionately impact minority students.

Search and Seizure

Deciding whether student searches are constitutional under the Fourth Amendment.

Right to Privacy

Concerns over the disclosure of student records or monitoring of students’ online communications.

Dress Codes and Uniforms

Disputes over discriminatory or overly restrictive dress code policies.

21–25: Teacher and Staff Rights

Employment Discrimination

Racism, sexism, ageism, and other forms of discrimination against students and employees.

Collective Bargaining Rights for the Union

Struggles between teachers’ unions and boards of education over collective bargaining.

Job Security and Tenure for Teachers

Balancing job security concerns of teachers with concerns over performance.

Employee Rights to Free Speech

Protecting teachers’ rights against retaliation for speech.

Employee Workplace Safety

Ensuring a safe working environment, including against acts of violence and intimidation.

26–30: Institutional Challenges

Transparency and Accountability for Charter Schools

Addressing concerns over performance and accountability in charter schools.

School Choice Programs

Litigation involving voucher programs and their effect on public school funding.

School Safety Policies

Balancing the law on surveillance and armed personnel in schools.

Technology in Education

Ensuring equal access to digital tools while protecting students’ data privacy.

Emerging Pandemic Policies

Issues of remote learning access, vaccine mandates, and health safety protocols in schools.

These issues reflect the challenges of education law in modern systems.

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