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Marianno, Bradley D.; Strunk, Katharine O. – Education Next, 2018
In "Janus v. American Federation of State, County, and Municipal Employees, Council 31", the U.S. Supreme Court ended the practice of enabling public-sector unions to collect "fair-share" or "agency" fees from employees who decline to join. Although federal law prohibits requiring workers to join a union as a…
Descriptors: Unions, Activism, Fees, Union Members
Dunn, Joshua – Education Next, 2016
In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…
Descriptors: Educational Vouchers, State Policy, Educational Policy, State Legislation
Bolick, Clint – Education Next, 2017
This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…
Descriptors: Federal Courts, Judges, Personnel Selection, Decision Making
Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A. – Education Next, 2017
Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…
Descriptors: Federal Legislation, Government Role, Constitutional Law, Court Litigation
Henderson, Michael B.; Peterson, Paul E.; West, Martin R. – Education Next, 2016
In May and June 2015, the ninth annual "Education Next" survey was administered to a nationally representative sample of some 4,000 respondents, including oversamples of roughly 700 teachers, 700 African Americans, and 700 Hispanics. The 2015 survey posed many new questions exploring opinion on curricular and other issues that have never…
Descriptors: Teacher Surveys, Standardized Tests, Common Core State Standards, Unions
Testani, Rocco E.; Mayes, Joshua A. – Education Next, 2008
This article describes the reversal of the dismissal of an "unfunded-mandates" challenge to the No Child Left Behind Act (NCLB) brought by the National Education Association (NEA), several of its affiliates, and a number of school districts by the United States Court of Appeals for the Sixth Circuit. The decision in "School District…
Descriptors: Federal Legislation, Federal Government, Politics of Education, Accountability
Dunn, Josh; Derthick, Martha – Education Next, 2007
Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…
Descriptors: State Courts, Public Support, Disadvantaged Schools, Court Litigation
Bumsted, Brad – Education Next, 2005
On December 11, 2003, the Reading, Pennsylvania, School District, on behalf of "their students and their schools," filed a "Petition for Review" with the Commonwealth Court of Pennsylvania. In filing this petition, Reading became the first school district in the nation to sue a state education department over the No Child Left…
Descriptors: Federal Legislation, Court Litigation, State School District Relationship, Financial Support
Fusarelli, Lance D. – Education Next, 2004
In April 2003 the Colorado legislature created a school voucher program that has the potential to become one of the largest in the nation. Initially limiting the number of children eligible for vouchers to only 1% of the student population in each of the 11 low-performing school districts targeted by the legislation, or about 3,400 students…
Descriptors: Educational Finance, Courts, Constitutional Law, Taxes

Viteritti, Joseph P. – Education Next, 2002
Describes the facts and legal basis of federal court decisions in "Zelman v. Simmons-Harris," a case before the U.S. Supreme Court to determine if Cleveland's school voucher program violates the Establish Clause. Discusses the possible educational, legal, and political consequences of the Court's decision. (On June 27, 2002, the Supreme…
Descriptors: Blacks, Civil Rights, Constitutional Law, Court Litigation