The US Court of Appeals for the Third Circuit [court website] on Monday upheld an order [text, PDF] that refugee students in Lancaster, Pennsylvania, be allowed to attend the public high school, even with limited English skills. The students had been placed by the school district in Phoenix Academy, which is an accelerated credit recovery high school. The refugees sued, alleging that the school district was in violation of the Equal Educational Opportunities Act of 1974 (EEOA) [text, PDF] and requested to be allowed to attend McCaskey High School’s International School. The court upheld a district court ruling, finding the school district in violation of the EEOA, but not state law. Maura McInerney, attorney at Philadelphia-based Education Law Center representing the students said in a statement [ACLU report] “The decision sends a clear and unequivocal message to all public schools that they have a duty to provide sound and effective English language services.” The School District says that it is proud to serve its immigrant community, serving more than 600 refugee students. This ruling will allow this case go to full trial, where the students are suing for damages against the school district.

Education remains a controversial issue in the US. In Endrew F. v. Douglas County School District [SCOTUSblog materials] the Supreme Court recently heard arguments [JURIST report] on required education benefits for students with disabilities under the Individuals with Disabilities Education Act [text, PDF]. In November 2016,the Supreme Court declined to review [JURIST report] a Kansas educational case in which a group was alleging that teaching scientific evolution was skewed, leading students to anti-religious tendencies.