School Business Insider: Supreme Decisions – How the High Court Is Shaping Public Education
Released on July 15, 2025
In this compelling episode of ASBO International's School Business Insider, host John Brucato engages in a deep-dive conversation with Sonya Trainor, Executive Director of the National School Attorneys Association. Together, they explore the profound impact recent Supreme Court decisions are having on public education, dissecting key cases and their implications for school business leaders across the nation.
Introduction: Navigating the Evolving Legal Landscape
John Brucato sets the stage by highlighting the increasing influence of Supreme Court decisions on public education, emphasizing the necessity for school business leaders to stay informed about these legal shifts.
John Brucato [00:01]: "Supreme Court decisions are increasingly reshaping how we fund, manage, and operate our schools, and it's crucial for school business leaders to understand what's changing and why."
Guest Introduction: Sonya Trainor’s Expertise
Sonya Trainor introduces herself and the mission of the National School Attorneys Association, a relatively new organization dedicated to supporting public K-12 school attorneys through advocacy, resource sharing, and collective wisdom.
Sonya Trainor [01:45]: "Our most important mission is to provide a network for public K-12 school attorneys across the country so that they can talk to one another, share resources, and share wisdom about how best to advise schools."
Supreme Court Term Overview: A Blockbuster Season
Sonya describes the current Supreme Court term as exceptionally active, with numerous decisions affecting not just education but broader governmental functions. She underscores the significance of rulings on issues like Title IX and agency authority.
Sonya Trainor [03:26]: "This Supreme Court term was a blockbuster... Title IX is one of those big, big decisions on big legal concepts that will affect how schools... structure their policy and their legal liability risk management for years to come."
Key Cases and Their Implications
1. Mahmoud vs. Taylor: Curriculum and the First Amendment
This landmark case involves Montgomery County, Maryland, and its inclusion of LGBTQ-supportive materials in K-5 classrooms. The school district's initial opt-out policy for religious objections was deemed burdensome, leading to legal challenges from conservative parents.
Sonya Trainor [06:50]: "Mahmoud versus Taylor... involved storybooks... contains LGBTQ supportive themes... school district allowed religious objections and opt-outs... stopped because it was burdensome... led to a lawsuit."
The Supreme Court ruled 6-3 in favor of the parents, asserting that the district's curriculum choices substantially interfered with the parents' religious upbringing.
Sonya Trainor [11:28]: "The majority... said parents were entitled to both notice and opt out... the district's curricular choices substantially interfered with parents' religious upbringing."
Implications: School districts nationwide may need to reassess their opt-out policies, ensuring they accommodate religious objections without overburdening administrative processes.
2. US vs. Scremetti: Transgender Rights and Equal Protection
This case challenges a Tennessee law banning gender dysphoria treatments for minors. The Supreme Court ruled that the law was not a sex-based categorization, thereby denying heightened scrutiny under the Equal Protection Clause.
Sonya Trainor [16:30]: "Supreme Court decided it wasn't a sex-based categorization... Justices... believe transgender status is not a protected category under the Constitution."
Implications: Transgender students may face increased challenges in accessing rights related to athletics and facility use, as the Court may not recognize transgender status as a separate gender category under Title IX.
3. Drummond vs. Oklahoma Charter School Board: Religious Charter Schools
This pivotal case examined whether the Oklahoma Charter School Board could grant a charter to a religious (Catholic) virtual school. The Oklahoma Supreme Court ruled it violated the Establishment Clause.
Sonya Trainor [20:56]: "The Oklahoma Supreme Court decided that the board's decision to allow a religious institution to run a public charter school violated... the establishment clause."
The U.S. Supreme Court tied 4-4 due to Justice Barrett's recusal, leaving the lower court's decision intact.
Implications: States may reassess their charter school frameworks, particularly regarding religious affiliations, potentially limiting the establishment of religious charter schools.
4. Trump vs. Casa: Executive Orders and Universal Injunctions
This case involves the Trump administration’s executive order on birthright citizenship, which faced multiple injunctions from district courts. The Supreme Court's decision effectively limited the ability of courts to issue universal injunctions against such executive actions.
Sonya Trainor [25:19]: "The Supreme Court decided that the Trump administration can go ahead with its directive... limiting how universal injunctions can be issued by district courts."
Implications: Federal policy changes via executive orders may proceed with less judicial interference, affecting regulations that impact education, such as those related to Title IX.
5. AJT vs. Sao Area Public Schools: Expanding Disability Rights
This unanimous Supreme Court decision lowered the standard for monetary damages under Section 504 and the ADA from "gross bad faith" to "deliberate indifference."
Sonya Trainor [35:09]: "Now we have a nationwide rule... it's deliberate indifference for money damages. It... makes the special ed environment even more litigious."
Implications: School districts face increased legal and financial risks regarding disability claims, necessitating more robust compliance with IDEA and ADA standards.
6. E Rate Program: Upholding Essential Funding
The Supreme Court upheld the legality of the E Rate program, which provides significant funding for school technology and connectivity.
Sonya Trainor [43:19]: "E Rate lives to tell another tale... upheld. Safe for the time being from the constitutional perspective."
Implications: School districts can continue to rely on E Rate funding without immediate constitutional threats, ensuring ongoing support for essential technological infrastructure.
Future Outlook: Navigating Upcoming Supreme Court Decisions
Looking ahead, Sonya highlights pending cases, particularly those concerning transgender athletic participation and Title IX interpretations. She advises school business leaders to stay connected with legal networks to navigate these evolving policies effectively.
Sonya Trainor [45:29]: "I think the biggest cases are the two transgender athletic participation cases... make sure your school attorney is connected to a network..."
Conclusion: Staying Informed and Adaptable
The episode underscores the critical role of the Supreme Court in shaping public education policies. With courts actively redefining rights and regulations, school business leaders must remain vigilant and adaptable to navigate the changing legal landscape successfully.
Sonya Trainor [47:32]: "Make sure your school attorney is connected to a network where they're getting this news from Washington and they're getting insights from their peers..."
John Brucato wraps up by emphasizing the importance of these discussions for school business officials navigating complex legal challenges.
John Brucato [47:55]: "Thank you for joining me today."
This thorough examination of Supreme Court decisions offers invaluable insights for school business leaders, ensuring they are well-equipped to handle the legal intricacies shaping the future of public education.
