A non-profit organization called COPE (Citizens for Objective Public Education) filed suit against the State Board of Education in Kansas over the curriculum standards for science. COPE alleged that the Kansas board was “seeking to establish a non-religious worldview in the guise of science education. It argues that such a worldview will be inculcated in children throughout their thirteen-year public school experience by requiring students, beginning in kindergarten, to answer questions about the cause and nature of life with only scientific, non-religious explanations.” According to the suit, this is all part of a plan that is “driven by a covert attempt to guide children to reject religious beliefs.”
The federal court tossed the case out, and now the 10th Circuit has affirmed that ruling. The court held that COPE had failed to establish “standing” to sue. The suit alleged injuries that the court found to be speculative, based on what might happen in the future. Thus with no “standing” the court did not have jurisdiction to consider the merits of the case.
However, the court’s opinion casts considerable doubt on the validity of any curriculum-based attack as broad as this one. As a general rule, federal courts have always been reluctant to “constitutionalize” decisions about the curriculum to be taught in the public schools. There are plenty of avenues for concerned citizens to have their voices heard about curriculum standards. Those fights will continue to be fought before textbook committees, school boards and state agencies. Judges generally stay out of the fray.
The case is COPE v. Kansas State Board of Education, decided by the 10th Circuit Court of Appeals on April 19, 2016. We found it at 2016 WL 1569621.
DAWG BONE: JUDGES DON’T LIKE TO “CONSTITUTIONALIZE” CURRICULUM DEBATES.
File this one under: GOVERNANCE
Are you planning to attend the Summer Leadership Institute in San Antonio? If so, the Dawg recommends that you catch the two presentations done by attorneys with our firm. On June 16 at 11:15, Elizabeth Neally and Robb Decker present “WTFNG: Effectively Navigating District Grievances.” Then on June 17 at 9:30 you can hear Mark Goulet and Joey Moore on “Freedom of Tweets: School Board Members and Social Media.” And don’t forget to stop by the Walsh Gallegos table!
TOMORROW: CAN YOU BAN ADULTS FROM THE FELLOWSHIP OF CHRISTIAN ATHLETES MEETINGS?