ICAP successfully represented the Board of Education of Howard County, Maryland, in a federal constitutional challenge to the role of the Student Member of the Board (SMOB). The plaintiffs, a group of parents, argued that allowing a student to hold a voting seat on the Board violated the Fourteenth Amendment’s “one-person, one-vote” principle by diluting the voting power of adult residents. They further alleged a First Amendment violation, claiming the selection process discriminated against students in religious or private schools who are ineligible to vote for or serve as the SMOB.
The litigation concluded with a significant victory for student representation in governance. In February 2024, the Fourth Circuit Court of Appeals affirmed the dismissal of the lawsuit. The court ruled that the SMOB position is “basically appointive” rather than elective in a constitutional sense, as the selection process is heavily shepherded by school officials and requires final board confirmation. Consequently, the “one-person, one-vote” rule did not apply. The court also rejected the First Amendment claim, finding the policy was a neutral and generally applicable rule that applied to all non-public school students regardless of their religious status. This decision secured the continued right of students to participate as voting members of their local educational governing bodies
