Scavella v. School Board of Dade County
The court upheld the right to free public education and the right to equal protection under the law. This judgement supports the use of public funding to subsidise private schools while cautioning that this should only be done in extraordinary situations where no alternative is available. Further, the court in this case permits states to reasonably regulate and cap the amount of public funding going into private schools. Read More
Ashina Mtsumi
Zelman v. Simmons-Harris
The Court clarified that in a voucher system offering participants a true choice of schools to attend including religious, non-religious and public schools, the preference for religious schools in a context where most of private schools are religious, cannot be considered an endorsement of such schools. The choice made by parents was distinguished from the state’s endorsement of religious private schools. Read More
Ashina Mtsumi
Norwood v. Harrison
The court affirmed that while private schools may operate, there is no obligation to the state to provide assistance to private schools equivalent to the assistance provided to public schools. Further, where there is a constitutional provision prohibiting financial support to students in private schools that discriminate on the basis of race, the state could not provide resources (in this case textbooks) to private schools that discriminate on the basis of race. Read More
Ashina Mtsumi
Mohini Jain v. State of Karnataka and Others
The case upholds education as a fundamental right guaranteed under the Constitution of India and supports the fact that the state must not discriminate against learners regardless of circumstances such as low income. The Court emphasized that the State must ensure that the conditions of entry into institutions of learning are designed to promote equity and equality for all learners. The Court further stated that private institutions are agents of the State in the provision of education and therefore have a duty to ensure equal access to, and non-discrimination in the delivery of, higher education. Read More
Ashina Mtsumi
Society for Unaided Private Schools of Rajasthan v. Union of India and Another
This case illustrates the obligations of the state to protect and fulfil the right to education, even when it is being delivered by private actors. It also upholds the responsibility of private actors to respect human rights, particularly the rights to equality and non-discrimination, and adhere to minimum educational standards established by the state. This case also upholds the rights minority groups to establish their schools and protect their culture by determining that the school population quotas could not be enforced in private minority schools. Read More
Ashina Mtsumi
Ford v. Browning
The case emphasised that complying with due process is imperative when proposing constitutional amendments that would impact public funding of education, and which may make it possible to transfer public funds into private educational institutions. Such proposed amendments must be accurately communicated to the voters and explicitly formed in the documents. Transfer of public funds into private educational institutions was considered to be an important decision that cannot be taken without taking all the system of democracy into account. Read More
Michael Mashai
Gabriel Nyabola v. Attorney General & 2 Others
This case clarified that under international human rights law there is no obligation on the state to fund private schools. The provision of resources to public schools only does not amount to a violation of the right to education or discrimination against children in private schools. The distinction is acceptable as it seeks to achieve a legitimate aim: the progressive realisation of the right to education for all children. Read More
Ashina Mtsumi
Bush v. Holmes
The decision in this case illuminates the extent of the state’s responsibility of provision of free education. Parents’ freedom to choose to send their children to private school was upheld but clarification was made on the implications of such choice - public funds could not be set aside to fund private education. Read More
Ashina Mtsumi
Governing Body of Juma Musjid Primary School & Others v. Ahmed Asruff Essay & Others
The Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution. The court was clear that the right to basic education is an immediately realizable right and under the South African Constitution non-State actors have a negative obligation to refrain from acts that would infringe on the right to education. Read More
Ashina Mtsumi
Forest Grove School District v. T. A.
The case illustrates the role of the State in ensuring access to appropriate education by all learners, including those with special needs. The reimbursement of costs for private education although not ideal, is an illustration of the responsibility the state retains to provide education to all learners even where its own institutions may lack the requisite capacity. Read More
Ashina Mtsumi
Environmental & Consumer Protection Foundation v. Delhi Administration and Others
This case illustrates the importance of adequate infrastructure for the enjoyment of the right to quality education. Education must be administered in a clean and safe environment for the right to education to be properly realized. In addition, this case reinforces the government’s role in monitoring private actors who provide public services and ensuring their compliance with national legislation. Read More
Ashina Mtsumi