Policy & Advocacy

The Voice for Leaders in the Field of Special Education 

• Routinely engages with federal agencies and legislators to benefit students with disabilities and provide a voice to leaders in the field of special education
• Prepares, organizes, and inspires units (subdivisions) to engage with legislators in advocacy at every level
• Expands partnerships with fellow national organizations and other individual stakeholders 

CASE joined amicus (“friend of the court”) briefs in two cases before the U.S. Supreme Court in its 2024-25 session.  For CASE members, these two cases resulted in a “split decision” – one decided for CASE and its partners and the other the opposite.

A.J.T. v. Osseo Area Schools (S.Ct., 2025):  The question before the Court was whether in discrimination cases against school districts under Section 504 and the Americans with Disabilities Act, families should be required to show the school engaged in “bad faith or gross misjudgment.  In other contexts, such cases are decided on a “deliberate indifference” standard.”  CASE and  its partners argued in favor of the higher standard in the educational context.

                  The Court’s decision:  In a unanimous ruling, the Court rejected the higher standard. 

Oklahoma Statewide Charter Sch. Bd. V. Drummond (S.Ct., 2025):  The question before the Court was whether the First Amendment Free Exercise clause is violated if a state excludes privately run religious schools from the state’s charter school program solely because the schools are religious institutions.  CASE and its public school partners argued against allowing religious schools to be public charter schools.

                  The Court’s decision:  On a split decision, with Justice Barrett recusing herself, the Court said it is unconstitutional for a religious school to be considered a  “public” charter school.  Since this was a 4-4 decision, the ruling only applies in Oklahoma, but certainly this case will be cited when similar cases move forward.

U.S. Supreme Court Case: Oklahoma Statewide Virtual Charter School Board v. Drummond

The U.S. Supreme Court is set to hear Oklahoma Statewide Virtual Charter School Board v. Drummond, a pivotal case concerning the intersection of public education funding and religious institutions. The dispute centers on the proposed St. Isidore of Seville Catholic Virtual School, which would be the nation's first publicly funded religious charter school.​ The case raises questions about whether publicly funded charter schools can be considered private entities and thus exempt from constitutional restrictions on state-sponsored religion. The Supreme Court's decision could have implications for the funding of religious schools within the public education system.

US Department of Education Updates

CASE has a dedicated webpage in the Members Only section to provide real-time updates and important announcements from the U.S. Department of Education, ensuring members stay informed on the latest developments.