Case-law summary: Center for Civil and Human Rights v ŠM Primary and Nursery School

The Prešov Regional Court, one of the courts of appeals of the Slovak Republic, affirmed a lower court’s decision that schools cannot discriminate against children based on their ethnic origin or socially disadvantaged background. The Prešov Regional Court held that the defendant school was discriminating against children of Romani ethnic origin by placing those kids in separate Romani classes. It ordered that the school rectify the situation by the beginning of the next school year.

Judgment T-363/16 (Colombia)

In this action brought by a transgender student against the National Service of Education (SENA), the Constitutional Court defended the right to education and the free development of the person by ordering that the student be allowed to wear a male uniform, that he be treated in accordance with his identity as a transgender man, and that the SENA implement a plan that promotes the respect and free development of the person, particularly regarding expressions of gender identity and sexual orientation.

Judgment T-008/16

In this decision, the eighth chamber of review of the Constitutional Court of Colombia found that the State had violated the fundamental rights to education and equality of four children who lived outside the urban centre by not providing transportation to the closest secondary education institution.

League of Women Voters of Wash. V State

The Washington Supreme Court ruled that an Act establishing and funding charter schools as common schools was unconstitutional. The Court held that charter schools are not ‘common schools’ under Article IX of Washington’s Constitution. Thus, the use of funds restricted by the Washington Constitution to support common schools under the Act was unconstitutional. Also, because the funding provisions were integral to, and not severable from, the Act, the Court held the Act to be unconstitutional in its entirety.

Gannon v State

In these three related decisions, the Kansas Supreme Court held that legislative changes to K-12 school funding, which reduced state-aid payments augmenting funds generated through property taxation in school districts with lower property values, violated the Kansas constitution. Article 6 of the Kansas constitution has previously been interpreted by the Kansas Supreme Court to require equity and adequacy in the provision of financing for education.

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