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MAY 2026 | VOLUME 4 | NUMBER 5
“He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?”
– Micah 6:8
Welcome to the May edition of the ACCS Legal Update. For many of you, the school year is winding down, spring fever has ramped up, and everyone is ready for a break. I am right there with you all!
In this edition, I will introduce you to a significant First Amendment case in Virginia, provide an encouraging update on Maryland HB 649, and end with more tips to consider as your school journeys through enrollment and re-enrollment season for the 2026-2027 school year.
Johnson v. Fleming
Alliance Defending Freedom has taken up a First Amendment case on behalf of three students who have been denied college grants due to the religious nature of their chosen majors. While the initial complaint was filed nearly a year ago (May 28th, 2025), the case is currently before the U.S. Court of Appeals for the 4th Circuit.
ADF Legal Counsel Jacob Reed summarized their argument:
“The First Amendment prohibits the government from excluding students from otherwise available grants solely because they picked religious programs that they believe God has called them to pursue. These policies treat Cameron Johnson, Luke Thomas, and Trace Stevens as second-class citizens and have no place in our laws. The U.S. Supreme Court has ruled three times in the last eight years that otherwise available public benefits cannot be withheld from people because of their religious character, exercise, and use of the benefits. We are urging the court to uphold the First Amendment and allow students in Virginia to pursue their goals without fear that their religion will create financial barriers for their education.”
On March 31st of this year, the Virginia District Court ruled against the three students, concluding that the state can exclude students who are pursuing “religious training or theological education” from the Virginia Tuition Assistance Grant (VTAG) program, prompting an appeal from the students, filed on April 17th.
UPDATE on Maryland HB 649
In last month’s Legal Update, I warned you about Maryland’s HB 649 (“Advancing Equal Educational Opportunities for All Students in Maryland”), which had officially passed the state House by a vote of 100-35, with an initial hearing in the Senate scheduled for April 1st. The bill would have prohibited any school – public or private – that receives public funds from discriminating based on “race, color, national origin, ethnicity, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, disability, age, or marital status.”
While HB 649 paid lip service to religious schools by permitting them to discriminate on the basis of religion, it prohibited them from discrimination on the other bases, including “sexual orientation” and “gender identity.” The allowance for civil lawsuits created by the bill, would have exposed religious schools to severe legal and financial consequences.
For now, however, you may have noticed that I am writing about HB 649 in the past tense. The 2026 Maryland legislative session officially ended on April 13th, with the bill having stalled in committee. Insiders feel confident that this bill will be reintroduced in the 2027 session, so keep praying!
Hiring & Enrollment Season
School life follows a semi-predictable pattern. Re-enrollment and new enrollment open around the same time(s) each year. Hiring needs become clear during “intent to return” season. And, of course, the February blahs, spring fever, and “senioritis” join in their due seasons. Allow me to add another (though likely more boring) event to the school calendar – policy review season. Every school needs to intentionally set aside time to review and safeguard your application process, hiring policies, and overall school documentation to better protect your school’s culture and mission.
Evaluate all policies and documentation to ensure you have explicit statements expressing the Christian identity, beliefs, and practices of the school – the absence of which may challenge a school’s ability to claim religious exemption against charges of discrimination, whether in the hiring or admission processes.
Examine school policies and action plans to determine if they are adequate in the event of legal challenges. Does the code of conduct (or similar policies for faculty, students, and families) address issues like sexual orientation, gender identity, and sex characteristics (all of which are topics of current legal challenges)?
Things to consider:
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Though HB 649 is, for now, not moving forward, school leaders in Maryland should remain diligent, as it seems likely the bill will be reintroduced in the 2027 legislative session. Contact representative(s) and voice your concerns regarding HB 649. You can search for them here.
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During enrollment and hiring season, take time to review how effective your policies and processes are in accurately reflecting your school’s culture and mission. Is it clear that your school is an explicitly Christian school? Are expectations and requirements for students and families made clear early in the admissions process? What can be done to improve the vetting process for both admissions and hiring?
Grace & Peace,
Brian Phillips, Ed.D.
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC) and teaches History & Literature at Scholé Academy and Oaks Classical Christian Academy (Albemarle, NC). He 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, Tales of Wonder (Vol. I & II) 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.