On June 16, 2026, the U.S. Department of Education (USDOE) announced four new interagency agreements, including new partnerships with the Department of Health and Human Services (HHS) and the Department of Justice (DOJ). Secretary of Education Linda McMahon describes the HHS partnership as a way the Department “will align federal services with the goal of
The intersection of federal privacy law, parental rights, and student gender identity has become one of the most actively litigated areas of education law. For example, on January 28, 2026, the U.S. Department of Education’s Student Privacy Policy Office (SPPO) found that the California Department of Education (CDE) violated the Family Educational Rights and Privacy Act (FERPA)—a federal statute granting parents the right to access their children’s education records—by maintaining policies that pressure school officials to conceal students’ gender transitions from their parents.
On June 30, 2026, the United States Supreme Court decided the consolidated cases West Virginia v. B.P.J. (No. 24-43) and Little v. Hecox (No. 24-38), upholding state laws in West Virginia and Idaho that prohibit transgender female athletes from participating in women’s and girls’ sports. In so doing, the High Court reversed decisions from both the U.S. Court of Appeals for the Fourth Circuit (West Virginia) and the Ninth Circuit (Idaho). The ruling addressed two distinct legal questions—one under Title IX and the other under the Equal Protection Clause—with different vote counts on each.
The debate over the role of technology in classrooms is not new, but the pace and scope of legislative action recently has accelerated. These actions appear to be driven by growing concerns over student mental health.
AI tools have become part of the daily workflow for school administrators, board members, and staff, whether they are used to draft emails, organize information, or research questions that might otherwise go to a lawyer. However, a fast-moving line of court decisions is drawing a hard line: what you type into a public AI platform may not stay private. In the education context, where legal exposure touches everything from employment decisions to student discipline and everything in between, that risk matters more than most schools realize.
On June 30, 2026, the U.S. Supreme Court issued a landmark decision on birthright citizenship in Trump v. Barbara, 609 U.S. ___ (2026).
The case arose from Executive Order No. 14160, signed by President Trump on January 20, 2025, which declared that children born in the United States to parents who are unlawfully present or only temporarily present do not qualify as citizens under the Fourteenth Amendment’s Citizenship Clause—on the theory that such children are not “subject to the jurisdiction” of the United States. Several affected parents challenged the order in court, arguing it violated the Fourteenth Amendment and the Immigration and Nationality Act. The District Court agreed, certified a nationwide class, and enjoined enforcement of the order, after which the Supreme Court granted certiorari before judgment.
Understanding how courts interpret school policies is essential for today’s educational leaders, especially as issues involving gender identity continue to evolve.
A recent decision from the U.S. Court of Appeals for the Fourth Circuit, Polk v. Montgomery County Public Schools, offers important guidance for school districts navigating the balance between protecting students and respecting the personal beliefs of staff. This blog post breaks down what the Polk decision means for your district and offers practical steps to help ensure your policies remain both legally sound and supportive of all students.
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace,” which had been approved in 2024. In a statement, EEOC Chair Andrea Lucas contended that the 2024 Guidance overstepped the agency’s authority by imposing new obligations on employers rather than simply interpreting existing law. Lucas emphasized, however, that “rescinding this guidance does not give employers license to engage in unlawful harassment,” and that the EEOC “will continue to be dedicated to preventing and remedying unlawful workplace harassment.”
On April 23, 2025, President Trump issued Executive Order #14280 (EO 14280), “Reinstating Commonsense School Discipline Policies.” This order directs the U.S. Department of Education and the U.S. Attorney General to issue new guidance on school discipline and move away from the disparate impact framework that the Obama and Biden administrations had applied.
Since early 2025, the U.S. Department of Education (“Department”), under Secretary Linda McMahon, has implemented several significant policy changes affecting K-12 education. For example, the Department has taken steps to expand support for private, religious, and charter schools, while also shifting its approach to civil rights enforcement and federal funding guidance.