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Education law is at the forefront of questions about educational access and policy, governance of schools and teachers, financing, and student achievement and success. With the Education Law and Policy Clinic and many different courses to choose from, Harvard Law students can immerse themselves in this field’s legal underpinnings while gaining hands-on experience representing clients in need.

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What is the Every Student Succeeds Act (ESSA)?

By Andrew M.I. Lee, JD

At a glance

The Every Student Succeeds Act (ESSA) is the main education law for public schools in the United States.

The law holds schools accountable for how students learn and achieve.

ESSA aims to provide an equal opportunity for disadvantaged students, including those who get special education.

The Every Student Succeeds Act (ESSA) is the main law for K–12 public education in the United States. It replaced No Child Left Behind . ESSA is a large, complex law. It affects all students in public schools.

The main purpose of ESSA is to make sure public schools provide a quality education for all kids. It gives states a central role in how schools account for student achievement. This includes the achievement of historically disadvantaged students who fall into one or more of four key groups:

Students in poverty

Students of color

Students who receive special education services

Those with limited English language skills

Under ESSA, each state creates an education plan for its schools within a framework provided by the federal government. The law gives parents and caregivers a chance to weigh in on these plans. Each state plan must describe:

Academic standards

Annual testing, school accountability, goals for academic achievement.

Plans for supporting and improving struggling schools

State and local report cards

These aren’t the only requirements for states and school districts. But they’re the ones that most directly impact kids who learn and think differently. 

ESSA also provides funding for literacy programs and other grants. And it encourages innovation in how schools teach kids.

Dive deeper

Under ESSA, each state may set its own academic standards and coursework for schools. This is the material students are expected to learn in each grade.

ESSA requires that states have “challenging” academic standards in reading, math, and science. This means a state’s curriculum must prepare students to succeed in college and in a career. Also, states must apply these standards to  all  students, including those with learning and thinking differences.

Read more about state academic standards .

ESSA requires states to test students. But the number and kinds of tests depend on the grade level of the child.

States must test students in reading and math once a year in grades 3 through 8, as well as once in high school. They must also test kids in science once in grade school, middle school, and high school. Also, states must provide accommodations on these tests and list them in students’ IEPs or 504 plans .

Only 1 percent of students can be given alternate tests . These tests are different from the state’s general education tests. Just a small number of kids with cognitive disabilities take these kinds of assessments.

Learn more about accommodations for these tests .

ESSA requires states to hold schools accountable for how students achieve. This means each state is responsible for having a plan in place to identify schools that are underperforming.

Under the law, there are specific things that must be in the state’s accountability plan.

ESSA requires each state to choose a minimum of five ways to measure school performance. The first four are academic indicators that are mandatory:

Academic achievement

Academic progress

English language proficiency

High school graduation rates

The fifth measure must be a way to measure school quality or student success, and states can select more than one way to do this. For example, states can choose to measure any of the following areas:

Kindergarten readiness

Access to and completion of advanced coursework

College readiness

Discipline rates

Chronic absenteeism

Under ESSA, the state must use at least five measures to evaluate how schools are serving kids. But the first four academic indicators have the most weight.

States must set achievement goals for students. This means states have to come up with a way to measure if students are improving or not. These goals are important for students who tend to struggle more than others, like students who get special education services.

The state must set “ambitious” goals for kids who are often the furthest behind. For example, the state may set a long-term goal to raise the high school graduation rates for students in special education. And to reach this long-term goal, there might be shorter-term ways of measuring progress. This can help to make sure students are on track.

These goals are supposed to help struggling students catch up and close the achievement gap with other students. Again, these goals must be spelled out in each ESSA state plan.

Plans for improving struggling schools

ESSA requires states to identify schools that are struggling. There are two categories of struggling schools that states must try to improve:

“Comprehensive Support and Improvement” schools, which are the lowest-performing schools in a state

“Targeted Support and Improvement” schools, where certain student groups are consistently underperforming

Under ESSA, once a school is considered “struggling,” states and school districts must create plans to try to help get the school back on track. The law requires that the plans must use evidence-based teaching and approaches.

Find out what it takes for instruction to be evidence-based .

ESSA requires that each state and school district publish report cards. This is a big part of the law. This means states and local school districts must have public information available on how schools are doing.

Among other things, the following must be reported:

Test score results

School funding information

Teacher qualification

The report cards also give details on “subgroups” of students. This includes students of color, kids in poverty, those learning English, and students in special education. The report cards show parents how well or poorly schools are serving their kids. If a state identifies a school or subgroup as struggling, it must notify parents.

Find your school’s report card .

The role parents and caregivers play in ESSA

ESSA requires states to include parents and caregivers in the school accountability process. This input helps ensure that schools focus on disadvantaged kids.

There are two key areas to get involved. First, parents and caregivers can weigh in on their state ESSA plan. They can give input on the goals for achievement, accountability, and struggling students. Second, they have a say in the report cards in their state. This helps ensure that the public knows how schools are doing.

Learn more by reaching out to your state’s department of education  or to Understood founding partner the National Center for Learning Disabilities  (NCLD).

Reading and literacy programs under ESSA

Apart from the state plans, ESSA provides funding for several optional programs to assist schools. This includes two important reading and literacy programs for students.

The law authorized the creation of the National Center on Improving Literacy . The center acts as a clearinghouse for information related to literacy and students with disabilities. 

ESSA also provides literacy education grants to states. Since the law passed, Congress has provided millions of dollars in funding for evidence-based literacy instruction .

School innovation under ESSA

Finally, ESSA encourages schools to innovate. Trying new teaching methods and practices can help kids with learning and thinking differences.

For example, ESSA supports Universal Design for Learning  (UDL). This is an approach that offers students many ways to learn the same material. UDL isn’t just helpful for students in special education. It allows  all  students to use different methods to show what they know. And that gives them an equal chance to thrive in school.

ESSA also encourages states to expand personalized learning . This approach aims to meet students where they are. It lets kids learn at their own pace and to have a say in how and what they learn.

The Supreme Court and Education: Key Rulings That Impact Schools

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In a term that included cases on some of society’s most divisive issues, the U.S. Supreme Court issued important decisions affecting public education before wrapping up business June 30. Those decisions involved religion and free speech rights, as well as censure of school board members, the scope of remedies available under federal civil rights laws that cover schools, and landmark decisions on gun and abortion rights that will be felt in the nation’s schools.

In addition, Justice Stephen G. Breyer, a champion of student rights in many cases but a voice for administrators in others , announced in January his intent to retire at the end of the term and stepped down after the court’s last opinions. Justice Ketanji Brown Jackson , the first Black female member of the court, was sworn in to succeed him when his retirement became effective on the term’s last day.

Here’s a recap of six key decisions that matter to schools and educators:

Religious expression of school employees

The court ruled 6-3 in Kennedy v. Bremerton School District that a high school football coach’s post-game prayers at midfield were protected by the First Amendment’s free speech and free exercise of religion clauses. The court said the Constitution neither requires nor permits school districts to suppress such religious expression by employees. The decision leaves open some important questions about the scope of the free-exercise rights of school employees and whether students will have greater protection for their own religious expression in public schools .

State aid to religious schools

The justices decided 6-3 in Carson v. Makin that the state of Maine’s exclusion of religious schools from a state tuition program for towns without public high schools violated the free-exercise clause. The decision has the most significant impact for states such as Maine and Vermont that have sought to exclude religious schools from their distinctive tuition aid programs. The dissent expressed fears that it could lead to state aid for religious-themed charter schools.

Censure of school board members

The court ruled unanimously in Houston Community College System v. Wilson that an education board’s censure of one of its members over his speech did not violate the First Amendment. Although the case involved a community college board, the issue of censure has arisen more recently for K-12 school boards, often on members’ comments on hot-button issues such as COVID policy or LGBTQ rights. The court said that elected members of government bodies are expected to shoulder criticism from the public and their peers, and they may respond to such criticism with speech of their own. The court said it was not ruling on certain concrete sanctions involved in the case, nor was it holding that verbal censures or reprimands could never give rise to a First Amendment claim.

Emotional-distress claims under federal civil rights laws

The justices ruled 6-3 in Cummings v. Premier Rehab Keller PLLC that damages for emotional distress are not available under key federal civil rights statutes that bar discrimination based on race, sex, and disability, including in K-12 schools. Such claims for emotional distress have been brought against schools under the race-discrimination prohibition of the Civil Rights Act of 1964 or the bar on sex-bias under Title IX of the Education Amendments of 1972. The court said those statutes act as a contract between the federal government and federal funding recipients, and those recipients would not expect emotional distress to be a remedy available under such a contract.

Second Amendment gun rights

The court ruled 6-3 in New York State Rifle & Pistol Association v. Bruen that the Second Amendment encompasses a right to carry a handgun outside the home for self-defense, a decision that raised concerns among educators and gun-control groups that arose out of mass shootings at schools and elsewhere. The decision did not disturb earlier rulings that declared schools to be among the “sensitive places” where the government may presumably prohibit guns. But the decision did not further define sensitive places.

Abortion rights

The justices ruled 5-4 in Dobbs v. Jackson Women’s Health Organization to overrule the court’s landmark 1973 decision in Roe v. Wade establishing a federal constitutional right to abortion. (The decision was 6-3 to uphold a restrictive Mississippi abortion law.) The decision raises issues for educators and students regarding employee benefits and adolescent health, as well as widespread concerns about implications for the court’s precedents guaranteeing access to contraception and rights to same-sex intimacy and marriage. Meanwhile, the opinions in the case included considerable debate over the majority’s citation of Brown v. Board of Education of Topeka , the landmark 1954 ruling on school segregation, in support of its decision to overrule the 49-year-old Roe precedent.

A version of this article appeared in the July 13, 2022 edition of Education Week as The Supreme Court and Education: Key Rulings That Impact Schools

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The 14th Amendment Protects the Right to a Public Education

Over the years, the 14th Amendment of the United States Constitution has had an enormous impact on protecting individual rights in public elementary and secondary education. This has occurred through the United States Supreme Court’s interpretation of the Equal Protection Clause, the Due Process Clause, and the incorporation of other rights (like freedom of speech) to the states through the 14th Amendment.

Equal Protection Clause

The Equal Protection Clause of the 14th Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” It applies to public elementary and secondary schools, as they are considered to be state actors. In 1954, the Supreme Court interpreted the Equal Protection Clause’s requirements in  Brown v. Board of Education . In perhaps one of the most famous and important cases issued by the Court, it stated:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs…are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the 14th Amendment.

That language, and the Court’s decision, had a dramatic impact on public education. Schools were required to end the discriminatory practice of segregating students based on race. While segregation was more prevalent in some states than in others, all public schools in all states that had segregated students needed to desegregate, or face claims that they were in violation of the 14th Amendment. What followed was roughly 50 years of desegregation efforts in public schools, and numerous court decisions regarding the constitutionality of those desegregation efforts.

Over time, the focus evolved from ending and remedying the vestiges of discriminatory practices to integration efforts that sought to promote the diversity of the student population in public schools. In some instances, these integration efforts were voluntary, meaning they were done by schools that had not segregated students in the past. These integration efforts continue to this day, and the predominant legal issues revolve around the extent to which race can be used as a factor in the assignment of students to certain schools in order to diversify the student body.

The language, and the logic, of the  Brown v. Board  decision also found its way into other types of Equal Protection claims. For example, in the mid-1970s, students with disabilities challenged their exclusion from public school on equal protection grounds. Two very influential lower court decisions,  PARC v Commonwealth of Pennsylvania , and  Mills v. Board of Education of the District of Columbia , relied on  Brown v. Board  and determined that students with disabilities could not be excluded from public school because of their disabilities.

Those court decisions led to a federal statute that imposed similar requirements on all public schools that accepted certain federal funds. That law turned into the Individuals with Disabilities Education Act (IDEA), which today applies to all public schools. The law requires public schools to provide all students with disabilities with a  Free and Appropriate Public Education (FAPE) . It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days, when the student’s actions are caused by their disability.

Due Process Clause

Due process is another area of the 14th Amendment that has had a dramatic impact on individual rights in public education. The Due Process Clause says that states may not “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted this clause to have substantive and procedural protections. With substantive due process, the 14th Amendment protects a parent’s right to direct the educational upbringing of their child. Because of this right, the Supreme Court ruled that a state statute that prohibited the teaching of foreign language, and a state statute that required all students to attend public schools, as opposed to private schools, violated the 14th Amendment. See  Meyer v. Nebraska  and  Pierce v. Society of Sisters . The Court also ruled that a state statute that required Amish children to attend school past the eighth grade violated the substantive due process rights, and the religious freedom rights, of Amish parents to direct the educational and religious upbringing of their children. See  Wisconsin v. Yoder .

As a result of these substantive due process protections, all states currently have exceptions in their state compulsory attendance statutes that require students of certain ages to attend school. The exceptions allow for attendance at private schools, religious schools, and homeschool to meet the compulsory attendance requirements.

The procedural due process protections of the 14th Amendment have also played an important role in public education, particularly in the areas of student discipline and teacher employment. With student discipline, the Supreme Court has ruled that students have a “legitimate entitlement to a public education as a property right.” See  Goss v. Lopez . That right may not be taken away without first providing due process protections, which are generally notice of what the student is accused of doing, and the opportunity to be heard before the student is disciplined.

The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. With minor disciplinary actions, an informal discussion with the principal may be sufficient to meet the requirements. For more severe discipline, such as expulsion, a more detailed hearing is generally required to give the student a chance to present evidence, and to cross-examine witnesses. As a result of these constitutional due process protections, all states have enacted statutes and regulations that provide due process protections for students during the discipline process.

A similar due process right applies to tenured teachers at public elementary and secondary schools. Once a teacher receives tenured status, they have a property interest in their continued employment, and must be provided with notice and a hearing before it may be taken away from them. See  Perry v. Sindermann .

Incorporation

The third area where the 14th Amendment has impacted public schools is in the application of other constitutional rights to the states through the 14th Amendment, via a concept known as  incorporation . Perhaps the biggest impact here has been the First Amendment’s right to free speech, although other protections like freedom of religion have also made their mark on public education.

In the area of free speech, the Supreme Court has said that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” See  Tinker v. Des Moines . While courts do give some deference to school administrators in making decisions about whether to prohibit certain student speech, the First Amendment requires schools to justify their decisions when they infringe on free speech rights. The level of justification required depends on the nature of the speech, and the nature of the restriction.

For example, in  Tinker v. Des Moines , students were protesting the Vietnam War by wearing armbands, and the school disciplined the students for doing so. The Supreme Court ruled that the discipline violated the First Amendment, because the school could not show that the speech could reasonably be expected to cause a substantial disruption with school activities or the rights of others. By contrast, in  Morse v. Frederick , the Supreme Court deferred to a school administrator’s judgment that a sign that said “Bong Hits 4 Jesus” promoted drug use, and upheld the discipline of the students that displayed the sign at a school event.

These are just a few examples of the many ways that the 14th Amendment impacts individual rights in public education. Many of these issues arise on a daily basis in public schools, and the 14th Amendment provides some constitutional protections of individual rights that schools must take into account when addressing them.

Scott F. Johnson

Scott F. Johnson is a Professor of Law at Purdue Global Law School (formerly Concord Law School), where he teaches Education Law and Special Education Law, among other topics. He has written a number of books and articles in the education law area. Professor Johnson’s law practice included education and special education cases, and he currently serves as a special education hearing officer for a state agency.

The views expressed in this article are solely those of the author and do not represent the view of Purdue Global Law School.

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Education Law

By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed October 30, 2023

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Education plays a vital role in shaping the future of Americans. Education agencies ensure students receive quality learning. These agencies include boards of education at the local level and the U.S. Department of Education. These bodies collaboratively set and maintain standards across all educational levels.

Teaching children is a big job for our community. Because of this, we have many laws about schools and teaching. These laws try to find a middle ground in many ways. They help ensure kids learn while letting parents have a say in their kids' learning. They also aim to make schools safe and respect students' rights. They need to help support students with disabilities. They also address teachers' job safety and freedom but require them to teach well in the school system.

This section has articles with in-depth information on education law. It also provides information on important education policies and initiatives that affect America's students.

Choice and Compulsory Education

In America, every child has the right to equal access to education. Congress has committed to providing an equal education opportunity to every student. This is regardless of their national origin or English language ability. All students deserve access to public education.

The government introduced the Every Student Succeeds Act (ESSA) to strengthen this commitment further. The federal government sets the standards. But choosing schools often rests with the parents. This means parents can send their students to an accredited public school. Or, parents might choose a private school or a parochial (religious) school instead.

Enrollment in a public school is usually dependent on the student's address. But, many public schools face underfunding and low performance. Many parents in these school districts may enroll their children in alternative schools. This might include magnet or charter schools. Some parents might also choose to homeschool their children. The section titled "Education Options" has more information on the different ways to educate children.

But, there is also a compulsory aspect. All states require children to attend school from a certain age. This helps states ensure they meet the rights of children to basic education.

Student Safety and Student Rights

Keeping students safe and protecting their rights is important. Laws like the Americans with Disabilities Act ensure all students, including those with disabilities, can learn like everyone else. When kids need special help in schools, teachers and school administrators step in to help. They might create an Individualized Education Program (IEP) for the student. This plan allows students to get the necessary related services they need.

Students and their families have some special rights in school. These rights ensure that schools treat students fairly. If parents worry, the law allows them to view their child's educational records. The Family Educational Rights and Privacy Act offers this access to parents.

Schools have rules to keep everyone safe and focused on learning. These rules often say no to drugs and weapons at school. Schools also protect the rights of students and teachers. This includes the First Amendment right to free speech under the U.S. Constitution. But certain types of adult speech, like obscenity or hate speech, are not allowed. This speech is disruptive to the functioning of the school. Schools also set rules on using phones and computers so students can focus. Finally, schools and school employees are taking a more active role in protecting students against bullying.

Schools need to keep students safe, but they also have to respect students' rights. Students might have fewer rights than adults. But, they still have limited rights to free speech and privacy that schools must respect. Furthermore, schools cannot automatically expel any student for bad behavior. Instead, they must provide the student with notice and a hearing beforehand. The section on student rights explains further.

The Right to Free Appropriate Public Education

Every student has the right to a "free appropriate public education." This is because of a federal law. Schools must help students with disabilities. This is thanks to the Individuals with Disabilities Education Act. Students, parents, school workers, and doctors work together. They decide the best way to teach kids with special needs. They may create an IEP. An IEP could give a student more time on tests, allow them to use headphones to focus, and other helpful things.

Another plan is a 504 plan. This law comes from 20 U.S.C. 794, or the  Rehabilitation Act of 1973, Section 504 . This law bans discrimination based on physical or mental disabilities. These special education laws will follow your child beyond high school and into higher education. The 504 plan could help with employers. But, it is best to check with an employment law attorney for further guidance. See  Special Education and Disabilities  for more information.

Education Law for Teachers

Teachers are the backbone of the education system. They, too, have rights and protections. The U.S. Supreme Court has played a role in upholding these rights. From ensuring FAPE (Free Appropriate Public Education) to recognizing the significant roles of special education teachers, the law is there to guide and support them. Federal funding comes with the ESEA. This financial assistance aids in elevating the quality of education in schools across America.

The law has measures designed to protect teachers' rights as school employees, as well as teachers' academic freedoms. One major vehicle for protecting teacher rights is teachers' unions, which, with collective bargaining, set standards on how long a teacher can work and what duties they may undertake. The section on teachers' rights has more information on education law as it applies to teachers.

Getting Legal Help with Education Law

Understanding education law can be complex. If you believe someone has violated your or your child's rights, it's essential to seek legal advice. Some legal professionals concentrate on education law. They can guide you through the protections, rights, and due process to which you're entitled. They can also help you understand the state laws that apply to your situation. They can help you advocate for special education services and fight for your students' civil rights.

Talk to an  education attorney  about your legal issue today.

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Federal Education Statutes

Most of the education-related federal statutes are codified in Title 20 (Education) of the United States Code, some are codified in Title 42 (Public Health and Welfare). The U.S. Department of Education has a policy page  that includes legislation, regulations, guidance, and other policy documents for topics from adult education to vocational education. For information on statutory research more generally, see the library's Statutory Research Tutorial and Legislative History Research Tutorial .

Where to Find Federal Statutes

For an introduction to statutory research, see our Statutes Research Guide guide. The following is a list of sources for the full text of federal laws:

Major Federal Education Statutes

Below is a list of some important federal statutes related to education law:

• Elementary and Secondary Education Act (ESEA) P.L. 89-10, 79 Stat. 27 (1965).
• Every Student Succeeds Act (ESSA) P..L. 114-95, 129 Stat. 1802 (2015). Like NCLB, ESSA is a reauthorization of the ESEA.
• Higher Education Act of 1965 P.L. 89-329, 79 Stat. 1219 (1965), codified as amended in 20 U.S.C. §1001 et seq. Allocated additional federal funding for higher education and provided additional low-interest loans to students.
• Individuals with Disabilities Education Act (IDEA), P.L. 101-476, 104 Stat. 1142 (1990), codified as amended at 20 U.S.C. §1400 et seq.
• McKinney-Vento Homeless Assistance Act, P.L. 100-77, 101 Stat. 482 (1987). Subtitle B of Title VII of the act covers education and youth programs for homeless children, codified as amended in 42 U.S.C. §11431 et seq.
• No Child Left Behind Act of 2001 (NCLB) P.L. 107-110, 115 Stat. 1425 (2001). NCLB is mainly codified in Chapter 70 of Title 20, 20 U.S.C. § 6301 et seq. NCLB revamped the Elementary and Secondary Education Act of 1965, listed below, incorporating new provisions in areas such as standardized testing, accountability, and parental choice.
• Serviceman's Readjustment Act of 1944 (GI Bill), P.L. 78-346, 58 Stat. 284 (1944). Commonly known as the G.I. Bill, provided many benefits for veterans of World War II, including specific allocations of funding for tuition payments..

Federal Legislative History

If you want to investigate the legislative intent behind a piece of legislation, you will need to review some or all of the documents created during the process of enacting that piece of legislation. For many federal education laws, there are compiled legislative histories available through the library on a number of different platforms. A compiled legislative history will usually include all the bills, Congressional Record debates, committee reports and hearings that were generated in the legislative process. For complete legislative history information, read our Legislative History Research Guide or work through our Legislative History Tutorial . 

Immigrant student rights and education laws

There are laws that protect all student rights in the USA. Learn about the rights of immigrant students, including English language support and free expression. Find out how to report bullying and discrimination.

Federal and State Education Laws

Federal and state laws protect students’ rights in public schools across the USA. While they mostly apply to elementary, middle, and high schools, some federal laws also extend to colleges and universities, particularly regarding equal opportunities for students of all genders and students with disabilities.

State laws vary. Each state sets its own rules on what students learn, who can teach, and how schools are funded.

Right to public education 

All children have the right to get free public education and get a high school diploma anywhere in the United States. Everyone has the right to attend public schools, regardless of immigration status. 

The right to public education also comes with requirements:

• Parents and guardians are responsible for enrolling their children in public or private schools. 
• All children have to attend school for a certain number of years. Most states require children between 5 and 16 years old to go to school.
• State laws set the requirements for when students can drop out of school. In most cases, students must be at least 16 years old and have permission to stop attending school. 

Right to equal opportunity 

All state and local schools are required to give students equal access to public education.

• Federal law requires schools to provide students an equal chance to succeed in school, regardless of their race, ethnicity, color, national origin, religion, sex, immigration status, or family income. 
• Schools must provide the same opportunities for all students in terms of classes, school activities, sports, financial aid, health benefits, and employment.
• Schools must make reasonable changes to classes and activities to accommodate students with different needs. These include language skills, disabilities, gender identities, and religion.
• Students with disabilities have the right to special education and related services . This can include physical therapy, speech-language therapy, a sign-language interpreter, a notetaker, readers, special computer equipment, and extra time to take a test. 
• Parents can contest the placement of their child in certain programs or levels of learning.

English language support 

Students who do not speak English have the right to free language assistance. All public schools are required to identify students who need language support. English learner students can sign up for English language classes and get bilingual resources. Parents can also request an interpreter or translated materials.   

Protection from discrimination

Discrimination is the unfair treatment of people based on their actual or perceived characteristics. It can take place in many areas of education, including:

• Admission and enrollment
• Assignments and activities
• Financial aid
• Discipline 

Discrimination can take many forms. It can include:

• Name-calling and insults
• Verbal threats or physical harm
• Exclusion from activities  
• Unequal treatment of students

All public schools, colleges, and universities cannot discriminate against students , parents and guardians, employees, and applicants based on their:

• Race, color, national origin, ethnicity, or ancestry
• Language ability  
• Sex, sexual orientation, and gender identity  
• Disability (physical or mental impairment)
• Pregnancy, marital status, or having children
• Immigration status 
• Economic status
• Housing situation    
• Religion 

Teachers, administrators, and students cannot target, harass, or profile specific groups of people based on these characteristics.

All schools must provide access to public education for students who are experiencing homelessness. Students who do not have a permanent home can enroll in school even if they cannot provide the required documents, such as proof of residence.

All public schools are required to investigate reported discrimination and take steps to end it, address its effects, and prevent it from happening again.

Right to free expression

All students have the right to express themselves at school as long as it does not break school policies or disrupt school activities. This includes speaking, writing, or expressing yourself through symbolic messages. 

Students have the right to express and practice their faith at school. Students can observe religious activities such as praying in school in a non-disruptive environment. Students are free to talk about religious topics. Schools must excuse students from school to celebrate religious holidays.

Public school dress codes cannot prevent students from expressing their beliefs. Students have the right to wear religious clothing, including headscarves, turbans, and yarmulkes. Students can wear clothing that matches their gender identity. School dress code policies can only prohibit certain clothing if it is considered disruptive or distracting.

Public schools cannot promote religious beliefs or practices, including prayers in school or at school activities. 

Students have the right to remain silent and seated during the Pledge of Allegiance. 

Right to privacy

All students have the right to privacy inside and outside of school. 

Schools cannot:

• Ask about a student’s immigration status, including questions about their place of birth, birth certificate, or social security number. 
• Disclose students’ personal information to unauthorized third parties without the permission of the student or their parent or guardian. 
• Disclose students’ education records, without the permission of the student’s parent or guardian. 
• Release student records to ICE officials without consent or a warrant. 

School staff and police can search school property, including student lockers and desks if they have a reasonable suspicion that a student broke a rule. However, school staff and police cannot search students’ personal belongings, including backpacks and phones, without the student’s permission or a warrant. 

Police and ICE at school

Students have specific rights when it comes to police and immigration officials. 

Immigration Customs Enforcement (ICE) is prohibited at schools that are considered sensitive locations. This includes preschools, primary schools, secondary schools, colleges and universities, and other institutions of learning. ICE and CBP are generally not allowed to arrest, interview, search, or monitor immigrants at a school, school bus stop, or school activities. 

School officials cannot assist immigration officers in removing immigrant students , including those with undocumented status, from school. Schools must not allow immigration enforcement inside schools unless they have a judicial warrant signed by a judge. In cases where immigration authorities detain a student, the school district must immediately notify the student’s parents or guardians. 

School police can stop, question, and search students at school if they suspect they are breaking any laws or school rules. They have the right to remain silent and should not answer any questions without first talking to a parent, guardian, or lawyer. 

School police cannot use excessive force against students.  

School police cannot search a student, their backpack, phone, or other property without permission or a warrant. However, they may search lockers or school property if they have reasonable suspicion, which is a lower standard than the probable cause required for law enforcement outside of school.

School police can arrest a student if they have evidence they likely committed a crime . If your child is detained or arrested, make sure they know to ask to speak to a lawyer. Do not answer any questions or sign any documents without talking to a lawyer. 

Protection from bullying 

Bullying is verbal or physical acts that harass, intimidate, or harm other students. Threats, teasing, intimidation, stalking, physical violence, humiliation, and theft are all forms of bullying. Cyberbullying is bullying that takes place online. 

Bullying is not allowed in schools. States have different laws prohibiting bullying in schools and online. Schools are required to have policies on how they will prevent bullying and address acts of bullying, particularly when it involves discrimination. 

All school teachers and administrators have to take steps to protect students from bullying and harassment and resolve any incidents, particularly when it involves discrimination. Learn more at www.stopbullying.gov

Speak up for your child and report violations  

You have the right to speak up for your child’s needs. If they are having problems at school or with school work, you can speak to their teacher to figure out ways to support your child. If you do not get help, you can speak with a school counselor or administrator such as the principal.

You can request an interpreter if you do not speak English fluently. Some schools have a community or cultural liaison who can advocate for immigrant families. 

If you believe your rights or your child’s rights have been violated, you can file a complaint with your school teacher, counselor, principal, and school district superintendent. It is important for authorities to investigate the incident and help you take legal action if needed. 

You can also report discrimination to the Department of Education, Office for Civil Rights. 

The information on this page comes from Department of Education, ACLU, and other trusted sources. We aim to offer easy to understand information that is updated regularly. This information is not legal advice.

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Please join us in Orlando, Florida, November 6-9, 2024 . We will celebrate the association’s 70th birthday and the anniversary of the U.S. Supreme Court’s unanimous decision, Brown v. Board of Education , that found racially segregated public schools unconstitutional. Presenters will examine the impact of this landmark decision and evaluate trends in education law and its subdisciplines.

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Education law: an overview.

Education law is a broad topic that encompasses several legal subjects. Education exists as a government function, which is administered through the public school system by the  Department of Education . The states, however, have primary responsibility for the maintenance and operation of public schools. 

Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education.

There is a strong concern with equality in education. Within states this leads to efforts to assure that each child no matter where they are situated receives an adequate education. The  Equal Education Opportunities Act of 1974  provides that no state shall deny equal educational opportunity to an individual on the basis of race, color, sex, or national origin.

Parents have a fundamental right to direct the education of their children, including the right to choose a private school. However, states have the power to regulate private schools. That power is limited because many private schools are religious institutions. The  U.S. Constitution  restricts public funding of private schools. See  Establishment Clause . Consequently, there have been numerous Supreme Court opinions delineating the bounds of what is and is not considered public funding.

For children with disabilities special education is available. To qualify for special education a child's disability must adversely affect the child's educational performance. The Individuals with Disabilities Education Act ( 20 U.S.C. §§ 1400 et seq ) establishes a process for evaluating a child's special needs and for providing an individualized education program. The Federal Act is binding on all states. In addition, most states have their own laws which parallel the Act. Under the Act, parents and families of special education children have specific rights such as the right to inspect the child's school records.

Lastly, homeschooling is an option for some families. Homeschooling is legal in all fifty states, but it requires a large time commitment on the part of the family. In some states parents need to register their intent to homeschool with the department of education or the local district school board. In addition, many states require yearly proof of progress. States do not provide many services to homeschools, though some allow students to attend public school classes and to participate in public school activities.

[Last updated in October of 2022 by the Wex Definitions Team ]

Federal Material

U.s. constitution and federal statutes.

• 20 U.S.C. §§ 1400 et seq.  - Individuals with Disabilities Education Act
• 20 U.S.C. §§ 1701-1721  - Equal Education Opportunities Act
• Family Educational Rights & Privacy Act  or  20 U.S.C. § 1232g
• CRS Annotated Constitution

Federal Agency Regulations

• 34 C.F.R. §§ 300.1 et seq.  - Special Education
• 34 C.F.R. §§ 99.1 et seq.  - Family Educational Rights & Privacy Act

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• Recent Decisions on Education  

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• New York State law pertaining to Education -  New York Education Code
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Your Right to Equality in Education

Getting an education isn't just about books and grades - we're also learning how to participate fully in the life of this nation. (We're tomorrow's leaders after all!)

But in order to really participate, we need to know our rights - otherwise we may lose them. The highest law in our land is the U.S. Constitution, which has some amendments, known as the Bill of Rights. The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law. Many federal and state laws give us additional rights, too.

The Bill of Rights applies to young people as well as adults. And what I'm going to do right here is tell you about EQUAL TREATMENT .

DO ALL KIDS HAVE THE RIGHT TO AN EQUAL EDUCATION?

Yes! All kids living in the United States have the right to a free public education. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school. The ACLU is fighting hard to make sure this right isn't taken away.

In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status.

In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have. The Supreme Court said this in the landmark Brown v. Board of Education case when it struck down race segregation in the public schools.

If you believe you or someone you know is being discriminated against in school, speak up! Talk to a teacher, the principal, the head of a community organization or a lawyer so they can investigate the situation and help you take legal action if necessary.

ARE TRACKING SYSTEMS LEGAL?

Yes, as long as they really do separate students on the basis of learning ability and as long as they give students the same basic education.

Many studies show, however, that the standards and tests school officials use in deciding on track placements are often based on racial and class prejudices and stereotypes instead of on real ability and learning potential. That means it's often the white, middle-class kids who end up in the college prep classes, while poor and non-white students, and kids whose first language isn't English, end up on "slow" tracks and in vocational-training classes. And often, the lower the track you're on, the less you're expected to learn - and the less you're taught.

Even if you have low grades or nobody in your family ever went to college, if you want to go to college, you should demand the type of education you need to realize your dreams. And your guidance counselor should help you get it! Your local ACLU can tell you the details of how to go about challenging your track placement.

CAN STUDENTS BE TREATED DIFFERENTLY IN PUBLIC SCHOOL BASED ON THEIR SEX?

Almost never. Public schools may not have academic courses that are just for boys - like shop - or just for girls - like home economics. Both the Constitution and federal law require that boys and girls also be provided with equal athletic opportunities. Many courts have held, however, that separate teams for boys and girls are allowed as long as the school provides students of both sexes the chance to participate in the particular sport. Some courts have also held that boys and girls may always be separated in contact sports. The law is different in different states; you can call your local ACLU affiliate for information.

CAN GIRLS BE KICKED OUT OF SCHOOL IF THEY GET PREGNANT?

No. Federal law prohibits schools from discriminating against pregnant students or students who are married or have children. So, if you are pregnant, school officials can't keep you from attending classes, graduation ceremonies, extracurricular activities or any other school activity except maybe a strenuous sport. Some schools have special classes for pregnant girls, but they cannot make you attend these if you would prefer to be in your regular classes.

CAN SCHOOLS DISCRIMINATE AGAINST GAY STUDENTS?

School officials shouldn't be able to violate your rights just because they don't like your sexual orientation. However, even though a few states and cities have passed laws against sexual orientation discrimination, public high schools have been slow to establish their own anti-bias codes - and they're slow to respond to incidents of harassment and discrimination. So while in theory, you can take a same-sex date to the prom, join or help form a gay group at school or write an article about lesbian/gay issues for the school paper, in practice gay students often have to fight hard to have their rights respected.

WHAT ABOUT STUDENTS WITH DISABILITIES?

Although students with disabilities may not be capable of having exactly the same educational experiences as other students, federal law requires that they be provided with an education that is appropriate for them. What is an appropriate education must be worked out individually for each student. For example, a deaf student might be entitled to be provided with a sign language interpreter.

In addition to requiring that schools identify students with disabilities so that they can receive the special education they need in order to learn, federal law also provides procedures to make sure that students are not placed in special education classes when they are not disabled. If you believe you're not receiving an appropriate education, either because you are not in special classes when you need to be, or because you are in special classes when you don't need to be, call the ACLU!

And thanks to the Americans with Disabilities Act (ADA), students who are HIV positive have the same rights as every other student. People with HIV are protected against discrimination , not only in school but in many other public places such as stores, museums and hotels.

People with HIV aren't a threat to anyone else's health, because the AIDS virus can't be spread through casual contact. That's just a medical fact. Your local ACLU can provide information on how to fight discrimination against people with HIV.

CAN I GO TO PUBLIC SCHOOL IF I DON'T SPEAK ENGLISH?

Yes. It is the job of the public schools to teach you to speak English and to provide you with a good education in other subjects while you are learning. Students who do not speak English have the right to require the school district to provide them with bilingual education or English language instruction or both.

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." --Title IX, Education Amendments of 1972

We spend a big part of our life in school, and our voices count. Join the student government! Attend school meetings! Petition your school administration! Talk about your rights with your friends! Let's make a difference!

Produced by the ACLU Department of Public Education. 125 Broad Street, NY NY 10004. For more copies of this or any other Sybil Liberty paper, or to order the ACLU handbook The Rights of Students or other student-related publications, call 800-775-ACLU or visit us on the internet at https://www.aclu.org .

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Aspen Leading Edge: A conversation with UC Dean Haider Ala Hamoudi

Legal education podcast allows hamoudi to recap his first year at cincinnati law.

Dean Haider Ala Hamoudi spoke with Patty Roberts, a podcaster for Aspen Leading Edge about his first year leading the University of Cincinnati College of Law. 

Hamoudi, a graduate of Columbia Law School, came from the University of Pittsburgh where he served for 16 years as a professor and various administrative dean positions before coming to Cincinnati Law in August 2023.  He is the 27th dean since the founding of Cincinnati Law in 1833, which is the fourth oldest law school in the nation and the first in Ohio.

A native of Columbus, Ohio, Hamoudi told Aspen Leading Edge that when he learned of an opening for a new dean at Cincinnati Law it appealed to him for many reasons.

“Cincinnati Law enjoyed leadership from a university that was really dedicated to advancing and supporting it and an external community that was really committed to making sure the University of Cincinnati could take the next step forward,” explains Hamoudi.

“We have a faculty and staff that is very proud of its heritage, the fourth oldest law school in the United States. We are really student-centered and student-focused and married to a Research-1 institution and academic excellence at the highest level,” says Hamoudi. “Our faculty really put students first in making sure they are successful and that was the combination that I was really excited about and delighted that I have not been disappointed with.”

UC Law students have enjoyed a new digs since the building's $45 million renovation and grand reopening in 2022. Photo by Andrew Higley/UC Marketing + Brand.

Hamoudi.says he received great feedback from a faculty-staff retreat that occurred just a couple weeks after his appointment that offered great direction for Cincinnati Law going forward.  Strengths, opportunities and areas to watch were identified and additional listening sessions with community stakeholders were held to gather other perspectives as well.

This led to identifying several key priorities for Cincinnati Law.

“The first of those is student success, that is making sure that students have the skills they need to not only pass the bar, but the skills they need to thrive in the legal profession. The second was a commitment to experiential learning. The University of Cincinnati is the home of cooperative education,” Hamoud told listeners.

He said Cincinnati Law has a vibrant externship program and a strong clinical program with more than 95% of law students participating in these programs. 

Hamoudi says a third priority is to bolster Cincinnati Law’s centers of excellence: the Urban Morgan Institute for Human Rights ; Jones Center for Race, Gender and Social Justice ; the Ohio Innocence Project; the Corporate Law Center ; and the Cincinnati Center for the Practice of Global Law .

Focusing on international comparative law is also a priority and Cincinnati Law has a vibrant LLM program. It supports a city that has several mult-national corporations such as Procter & Gamble, Fifth Third Bank, Kroger, Duke Energy and others.

“There is a lot of desire to see us embrace the idea of a global legal education,” says Hamoudi. “We can take advantage of the resources of a large Research 1 institution that the University of Cincinnati offers.”

Hamoudi says Cincinnati Law is also dedicated to helping working professionals interested in legal education that is short of a JD. The law school has an MLS program and is in the process of creating standalone certificate programs. 

“There is a lot of interest within the community for legal education in areas such as corporate compliance, amateur sports law, IT and cyberspace technology,” says Hamoudi. “There is interest in professionals within those fields such as human resources management who are interested in a legal education. We want to really lean into that presence.”

Listen to Dean Hamoudi’s entire podcast discussion online .

Learn more about Hamoudi’s background online .

Featured top image of UC Law Dean Haider Ala Hamoudi. Photo by Andrew Higley/UC Marketing + Brand.

UC Law, the fourth oldest law school in the nation, is dedicated to creating a student-centered environment. Photo by Andrew Higley/UC Marketing + Brand.

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Harvard Youth Poll

Introduction.

A national poll released today by the Institute of Politics (IOP) at the Harvard Kennedy School indicates that among 18-to-29-year-olds nationwide, Vice President Kamala Harris holds a commanding 31-point lead over former President Donald Trump among likely voters in a multi-candidate matchup. The 48th Harvard Youth Poll shows Harris leading Trump 64% to 32% among likely voters in a two-way hypothetical scenario with her advantage expanding as young people become more engaged in the electoral process.

The poll also finds:

• A significant enthusiasm gap between young Democrats and Republicans, with 74% of young Democrats saying they will "definitely" vote, compared to 60% of young Republicans.
• A widening gender gap, nearly doubling from 17 points in the Spring poll to 30 points now, with Harris leading 70% to 23% among likely female voters.
• Harris outperforming Trump on key personal qualities and issues, with substantial leads in empathy (+33), relatability (+24), honesty (+22), climate change (+32), abortion (+31), health care (+26), and gun violence prevention (+25) among all young adults.
• Harris's job approval as Vice President has significantly improved, increasing from 32% in the Spring poll to 44% now.
• Strong support for progressive policies among young Americans, with 74% favoring capping prescription drug prices and 59% supporting a nationwide law to legalize abortion.
• Overwhelming rejection of Project 2025 among young Americans, with only 6% viewing it favorably compared to 48% unfavorably. Even among Republicans, we find 14% viewing it favorably and 23% unfavorably.
• The impact of social media, with 53% of young adults encountering memes about Harris online in the last month, 34% of whom say it positively influenced their opinion. Conversely, 56% have seen memes about Trump, with 26% reporting a negative impact on their perception.

Since 2000, the Harvard Public Opinion Project (HPOP) has provided the most comprehensive look at young Americans' political opinions and voting trends. It provides essential insight into the concerns of young Americans at a time when the nation is confronting numerous challenges both at home and abroad. President Kennedy once said, "It is a time for a new generation of leadership, to cope with new problems and new opportunities." The IOP is preparing a new generation of political leaders to confront these very challenges and gain the ability to successfully lead in today's complicated political landscape. Identifying areas of concern through the Harvard Youth Poll lets tomorrow's political leaders get started on ideas, strategies, and solutions, and allows them to decide today what the next generation of political leadership needs to look like.

The first Fall 2024 Harvard Youth Poll surveyed 2,002 young Americans between 18 and 29 years old nationwide, and was conducted between September 4-16, 2024.

"As we head into the final weeks of the 2024 presidential election season, the 48th Harvard Youth Poll serves as a critical barometer about the attitudes, concerns, excitement, and candidate preferences of our nation's young people," said IOP Director Setti Warren . "From climate change, abortion, gun violence, and more, young people are ready yet again to make their voices heard."

"This poll reveals a significant shift in the overall vibe and preferences of young Americans as the campaign heads into the final stretch," said John Della Volpe, IOP Polling Director . "Vice President Harris has strengthened the Democratic position among young voters, leading Trump on key issues and personal qualities. Gen Z and young millennials' heightened enthusiasm signals a potentially decisive role for the youth vote in 2024."

"In just a few weeks, Vice President Harris has drummed up a wave of enthusiasm among young voters. The shift we are seeing toward Harris is seismic, driven largely by young women. Our poll provides a deep dive into the values of this generation that will drive them to the polls in November," said Anil Cacodcar, Chair of the Harvard Public Opinion Project . "Harris is enjoying a perfect storm of personal appeal, policy support, and positive reach on social media."

Five key findings from the 48th poll in the series are below.

Key Takeaways

Kamala Harris holds a 23-point lead over Donald Trump among registered voters under 30 in a multi-candidate matchup; among likely voters, the Vice President's lead extends to 31 points.

Kamala Harris has established a commanding lead among young voters in both 5-way and 2-way matchups at this stage of the 2024 campaign. According to the Fall 2024 Harvard Youth Poll, Harris leads Donald Trump by 17 percentage points among young adults under 30 in a multi-candidate field. Her advantage expands to 23 points among registered voters and a substantial 31 points among likely voters.

These figures represent a significant improvement over Joe Biden's position earlier in the election cycle. The Spring 2024 edition of the Harvard Youth Poll had shown Biden leading Trump in a multi-candidate field by 3 percentage points among young adults under 30, 7 points among registered voters, and 13 points among likely voters. Harris's current numbers demonstrate a marked strengthening of the Democratic position among young Americans as the election approaches.

Notably, the gender gap, which stood at 17 points in the Spring poll, has nearly doubled to 30 points. While both men and women are moving toward Harris, the rate of female support eclipses male support.

• Likely male voters: Harris 53% - Trump 36%
• Likely female voters: Harris 70% - Trump 23%

The impact of independent and third-party candidates has dwindled since Spring 2024. Such candidates captured 17% of the vote (likely voters: 14%) in March but only receive 5% (likely voters: 3%) in this poll.

In a two-way contest, Kamala Harris leads Trump 54%-33% among all young adults, 59%-33% among registered voters, and 64%-32% among likely voters.

For context, exit polls in 2020 reported President Biden winning the youth vote, 60% to 36%.

A majority of young Americans report that they will "definitely" vote; young Democrats are more engaged than Republicans and independents.

Fifty-six percent (56%) of young Americans tell us they plan to "definitely" vote in the upcoming election. Among registered voters, the number rises to 72%. In the Spring edition of the poll, there was not a meaningful partisan gap. Democrats and Republicans were roughly as likely to say they would be voting (Democrats +2). Today, we find Democrats are far more enthusiastic (+14) than their Republican counterparts.

• March 2024: 66% of Democrats and 64% of Republicans responded that they would "definitely" vote in the November election
• September 2024: 74% of Democrats and 60% of Republicans responded that they would "definitely" vote in the November election

Much of this increased enthusiasm among Democrats is tied to Kamala Harris as their party's nominee. More than four-in-five (81%) of Harris supporters in a direct match-up with Trump are enthusiastic about voting for her, nearly doubling the 43% of Biden supporters who said the same in March.

Harris dominates Trump on personal qualities and the key issues facing young Americans in 2024.

Young Americans give Kamala Harris strong ratings relative to Donald Trump on the important presidential qualities of empathy (+33) , relatability (+24), honesty (+22), and competence (+19).

Among likely voters, Harris's lead on personal qualities becomes even more pronounced, with a 43-point advantage on empathy and a 36-point lead on relatability.

On which candidate is more trusted on the issues, the Vice President holds at least 20-point margins among all young adults on climate change (+32), abortion (+31), education (+28), health care (+26), gun violence protection (+25), and protecting democracy (+23). The Harris lead expands on every quality and issue when considering those most likely to vote.

The economy remains a contentious issue, with Trump holding a slim 1-point lead among all voters, highlighting an area where campaigns may focus future efforts.

Young Americans show strong support for progressive policies; Democrats, Republicans, and independent voters reject Project 2025.

The survey, which asked respondents about their stance on a range of six policies that are relevant to the 2024 presidential contest, revealed:

• Prescription Drug Price Caps: An overwhelming 74% of young Americans support capping prescription drug prices, with 54% strongly in favor.
• Tax-Free Tips: 66% support eliminating taxes on tips, with 45% strongly supporting this measure.
• Abortion Rights: A nationwide law to legalize abortion in most cases garnered 59% support, with 45% strongly in favor.
• First-Time Homebuyer Assistance: 55% support providing $25,000 to first-time homebuyers.
• Immigration Policy: Mass deportation was opposed by a plurality, with 47% against compared to 37% in support; 13% were unsure.
• Foreign Policy: An arms embargo with Israel received 32% support, but notably, 44% of respondents indicated they "don't know" their stance on this issue.

We found that Project 2025 held a name recognition of 54% among young Americans, with only 6% reporting favorable views and 48% rating the concept unfavorably. When we narrow the lens to registered voters, we find that name recognition is twice as high among Democrats (73%) as Republicans (36%). The breakdown of favorability among political affiliations is as follows:

• Democrats: 4% favorable, 69% unfavorable
• Republicans: 14% favorable, 23% unfavorable
• Independents: 5% favorable, 43% unfavorable

Views of Harris's job approval have improved since the Spring; majorities have encountered memes about Harris or Trump online in the past month.

While President Biden's job approval rating among young Americans remains steady at 32% (31% in Spring 2024), views of Kamala Harris's job performance as Vice President have increased significantly, from 32% in the Spring poll to 44% now. Overall, 47% of young adults view Harris favorably, 42% unfavorably, giving her a net favorability of +5. Her running mate Tim Walz also enjoys a positive net favorability of +14. In contrast, Donald Trump and JD Vance face significant unfavorability among young people, with net ratings of -30 and -28 respectively.

Fifty-three percent (53%) of young adults under 30 have encountered memes about Kamala Harris online in the last month; and 56% have said the same about Donald Trump. When asked what impact the memes had on opinions of the candidates, we found that 34% of young adults said it positively influenced their opinion of Harris, 16% negative — and 50% no effect.

The reaction to the Trump memes had the opposite effect. Only 13% of those who saw the memes say it positively impacted their view of the former president, 26% say it negatively impacted their opinion — while 61% say it had no effect.

Methodology

This poll of 2,002 18-to-29-year-olds was organized with undergraduate students from the Harvard Public Opinion Project (HPOP) and supervised by John Della Volpe, Director of Polling. Data were collected by Ipsos Public Affairs using the KnowledgePanel. KnowledgePanel provides probability-based samples with an “organic” representation of the study population for measurement of public opinions, attitudes, and behaviors. Interviews were conducted in English and Spanish between September 4 and 16, 2024. The target population for this survey is U.S. residents between the ages of 18 and 29. Data are weighted to reflect population estimates based on age, race/Hispanic ethnicity, education, household income, census region by metropolitan area, and primary language within Hispanics. The margin of error for the total sample is +/- 2.65%.

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Press Release

Cna applauds governor newsom for signing medical debt bill into law.

S.B. 1061 removes medical debt from credit reports

California Nurses Association (CNA) applauds Governor Gavin Newsom for signing S.B. 1061, which  would prevent medical debt collectors and health care providers from sharing medical debt information with credit reporting agencies. The bill, authored by Senator Monique Limón (D-Santa Barbara) and sponsored by CNA, Attorney General Rob Bonta, and a diverse coalition of organizations, would also prohibit consumer reporting agencies from including medical debt on credit reports.

“With ballooning out-of-pocket health care costs, we need a fair credit system that does not punish California’s patients for seeking health care when they need it,” said CNA President Michelle Gutierrez Vo, RN . “As a nurse, I’ve seen patients who delay care because they are afraid of going into debt. We appreciate Governor Newsom signing S.B. 1061 into law. This is a significant step towards removing all medical debt from credit reports and addressing the ruinous impacts of medical debt on our patients.”

“I am proud to author legislation to provide relief to Californians suffering from the burden of medical debt,” said Senator Monique Limón . “No Californian should be unable to secure housing, a loan, or even a job because they accessed necessary medical care. California is stepping up to protect consumers impacted by the effects of medical debt."

"When someone is scared and in pain, the last thing they should think about is whether seeking care will take away their ability to buy a house or land a job. Unfortunately, medical debt appearing on credit reports makes this a common experience for far too many people,” said Attorney General Rob Bonta . “California today chose to put a stop to this unnecessary and outdated practice. SB 1061 supports Californians’ fair access to essential economic opportunities and a brighter future.”

Nurses have long witnessed patients delay care or forgo essential medical care because of medical debt. At least 1 in 5 (more than 6 million) California adults have medical debt that would not be included in their credit reports because of this bill.

Medical debt has a deep impact on people’s lives:

• Californians with medical debt are twice as likely to skip care due to costs compared to those without medical debt.
• More than half of low-income Californians report that they postponed health care due to cost concerns. One in two low-income Californians have medical debt

Many patients who face damaging medical debt on their credit reports are uninsured or underinsured when they receive hospital or other care. Moreover, medical debt disproportionately impacts marginalized communities. Existing racial and socioeconomic health disparities are exacerbated when health care providers and medical debt collectors report unpaid medical bills to credit reporting agencies.

To enforce the prohibition of medical debt on credit reports, that debt would be voided if the information is provided to a credit reporting agency. 

California Nurses Association/National Nurses United is the largest and fastest-growing union and professional association of registered nurses in the nation with more than 100,000 members in more than 200 facilities throughout California and nearly 225,000 RNs nationwide.