Three court cases that have had great influence on today’s educational environment are:

Brown v. Board of Education [Brown I]

Supreme Court of the United States, 1954
347 U.S. 483
Summary: On May 17, 1954, the Supreme Court unanimously announced an end to public segregation in
schools. A third grader named Linda Brown was an African American student whose father, Oliver
Brown, had sued the school district in in Topeka, Kansas, alleging the school system was discriminating
against African American students—which was a violation of the 14 th Amendment. The Court found that
“Separate educational facilities are inherently unequal” and “such segregation is a denial of the equal
protection of the laws.”

This court case was the beginning of a movement to end segregation. Finally, students of all colors
would have the same opportunities and would receive a chance for a good, quality education. Brown
inspired the legal team that challenged Alabama’s bus segregation law in federal court…and they won.
This winning of this case had a huge impact on the civil rights movement.

School District of Abington Township v. Schempp

Supreme Court of the United States, 1963
374 U.S. 203
Summary: In this case, the Court struck down a Pennsylvania policy that required all students to read ten
Bible verses and say the Lord’s Prayer at the beginning of each day. The Court decided 8-1 in favor of the
respondent, Edward Schempp. (The father of Ellery Schempp, a student at the school.) The Court found
that sanctioned and organized Bible reading in public schools is unconstitutional.

Prayer in public schools is still a hot topic among students, teachers and school officials. Current
administration is working to get around the laws to include prayer and Bible literacy in schools. Schools
have a responsibility to educate students, keep them safe and prepare them for life outside of the
school doors. Students are too diverse to pray in schools, unless all forms of religion are going to be
represented, and that is not likely. This case followed Engel v. Vitale, another important case that ruled
that voluntary prayer in public schools violated the First Amendment.

Tinker v. Des Moines Independent School District

Supreme Court of the United States, 1969
393 U.S. 503
Summary: During the Vietnam War, students in the Des Moines Independent Community School District
in Iowa wore black armbands to school to show their discontent with U.S. foreign policy. The district
prohibited the armbands and the students argued that the ban was a violation of the Free Speech Clause
and the First Amendment. The Court agreed with the students. If the armbands do not interfere with
the school day or the students’ education, then the ban cannot be justified.

This case was important because it gave students First Amendment rights and its ruling justified student
expression. Children should feel safe and heard and Tinker paved the way for students to voice their
beliefs and concerns without fear of punishment. Because of this ruling, the ACLU has been able to
defend students’ rights in regards to anti-abortion armbands, pro-LGBT shirts, shirts showing political
figures and opinions, among many other controversial topics and issues.

Imber, M., van Geel, T. Blokhuis, J.C., & Feldman. J. (2014). Education Law, (5th ed.) New York,

NY: Routledge.

Student safety is the most pressing issue facing schools and school law today. From gun control to
providing counseling and psychiatric care for students needing it, we will see shifts in the way student
safety is handled in the United States. Even narrowing the issue of student safety down, I feel the
treatment of LGBTQ students will be the cause of much legislation in the future. There are currently laws
and policies that prohibit discrimination, but much more needs to be done, in schools, to ensure a safe,
quality education for students regardless of sexual orientation and gender identity and expression. Title
IX bans discrimination based on sex. Title IX has protected the LGBTQ community in several court cases.
States also have developed antidiscrimination and anti-bullying laws to protect LGBTQ youth. But,
unfortunately, a lack of policies and practices that support LGBTQ youth means that these students face
bullying, discrimination and exclusion in schools. I feel that LGBTQ rights are going to play a huge role in
school laws in the future. Topics such as whether transgender students are made to use the bathroom
of their legal sex rather than the one they feel most comfortable in or what team, male or female, a
transgender student is allowed to play on are just a couple issues that have and will arise in schools. It
will be interesting to see how school districts handle the laws that will likely be implemented to support
LGBTQ youth.