DECEMBER 2023 | VOLUME I NUMBER 4
Welcome to the December 2023 ACCS Legal Update! I hope this message finds you all rejoicing in the season and enjoying your Advent and Christmas traditions. As Edith Schaeffer wrote:
There is something about saying, ‘We always do this,’ which helps keep the years together. Time is such an elusive thing that if we keep on meaning to do something interesting, but never do it, year would follow year with no special thoughtfulness being expressed in making gifts, surprises, charming table settings, and familiar, favorite food. Tradition is a good gift intended to guard the best gifts.
This time of year, as the semester winds down and the celebration of Christmas nears, school legal matters are likely the last thing on your minds. However, the end of the semester also means planning, not just for the new calendar year, but for the next academic year as well. So, with that in mind, here are a couple of items to consider:
Review of Admissions Policies
The Supreme Court’s (SCOTUS) recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College has led to a barrage of similar law suits against Western Kentucky University, State University of New York (SUNY) at Buffalo, the University of North Dakota, the University of Nebraska-Lincoln, Kansas State University, West Point, and more. SCOTUS concluded that a “student must be treated based on his or her experiences as an individual—not on the basis of race.”
And while those specific lawsuits involve the admissions policies of schools receiving and administering federal financial aid, the legal precedent could eventually affect private schools who do not accept federal funds. In other words, given the current legal climate, it would be wise to review your school’s admissions policies.
- What demographic information is required on your application forms or financial aid forms? Is it necessary? Could it imply that race or ethnicity may affect admission?
- Does your school give preference to a specific “subset” of children (children of alumni, donors, athletes, etc.) in a way that could constitute an unfair advantage?
- Some legal advisors have also suggested not requiring or requesting photographs in the admissions process.
Financial Information for Parents
As reenrollment opens, many parents find themselves pondering how they will pay for another year of tuition for their child(ren). And though 529 savings plans have been available for several years, many are unaware that those accounts are no longer restricted to paying for college. As of 2019, the vast majority of states authorized use of 529 funds for K-12 tuition.
Terms and restrictions vary by state, so here are some resources to help you determine how your school families could benefit:
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.