NSBA Amicus Briefs

Resources

• Christian Legal Society v. Martinez (U.S. Sup. Ct.) [PDF 241,339kb]
  First Amendment: ability of public school to condition official recognition status on student group’s adoption of school’s non-discrimination policy. Filed March 15, 2010.
  
• Meadows v. Lake Travis Independent Sch. Dist. (5th Cir.) [PDF 186,136kb]
  Parental rights: Access to school premises to monitor child’s education; reasonableness of visitor policies to ensure student safety. Filed February 25, 2010.
  
• City of Ontario v. Quon (U.S. Sup. Ct.) [PDF 355,797kb]
  Fourth Amendment: Right to search employee’s messages transmitted via public employer’s electronic communication devices. Filed February 12, 2010.
  
• Perdue v. Kenny A. (U.S. Sup. Ct.) [PDF 363,146kb]
  Section 1988: Attorneys’ fees--Enhancement award based on quality of representation and results achieved. Filed June 29, 2009.
  
• Chart indicating whether the side NSBA supported won or lost in the Supreme Court [DOC 340,480kb]
• Horne and Speaker of the Arizona House of Representatives v. Flores (U.S. Sup. Ct.) [PDF 2,117,079kb]
  Equal Educational Opportunities Act: Adequacy of State funding of English Language Learner programs—interpretation of “appropriate action” requirement; effect of NCLB on EEOA. Filed March 25, 2009.
  
• El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.) [PDF 137,010kb]
  IDEA: Settlement offer –enforceability without court review; mootness of lawsuit seeking same relief as rejected settlement offer. Filed 3/12/09.
  
• Gross v. FBL Financial Services (U.S. Sup. Ct.) [PDF 2,710,374kb]
  Age Discrimination in Employment Act: burden of proof--mixed motive instruction. Filed 3/4/09.
  
• Forest Grove School Dist. v. T.A. (U.S. Sup. Ct.—Merits) [PDF 2,464,929kb]
  IDEA: tuition reimbursement—child who has not received special education services from school district. Filed 3/4/2009.
  
• Safford Unified School Dist. #1 v. Redding (U.S. Sup. Ct.—Merits) [PDF 1,897,305kb]
  Fourth Amendment: strip searches for prescription drugs; qualified immunity. Filed 3/4/2009.
  
• Committee for Educational Equality v. State of Missouri (Mo.) [PDF 168,241kb]
  Finance: Adequacy of state funding of schools under Missouri constitution; how other state courts have evaluated funding adequacy claims under state constitutions. Brief filed by Missouri School Boards’ Association, prepared by Education Justice at Education Law Center, and also joined by the Rural Schools and Community Trust. Filed 1/26/2009.
  
• Safford Unified Sch. Dist. #1 v. Redding (U.S. Sup. Ct.) [PDF 1,312,963kb]
  Fourth Amendment: strip searches for prescription drugs; qualified immunity
  
• Fitzgerald v. Barnstable School Committee (U.S. Sup. Ct.) [PDF 1,974,354kb]
  Sex discrimination: Title IX pre-emption of section 1983 constitutional claims in peer harassment case
  
• Disability Law Center of Alaska v. Anchorage School District (9th Cir.) [PDF 1,662,533kb]
  FERPA/ IDEA: authority of P&A groups to access confidential student records protected by federal law
  
• Forest Grove School District v. T.A. (U.S. Sup. Ct.) [PDF 155,872kb]
  IDEA: tuition reimbursement—child who has not previously received special education services from school district
  
• Abbeville County School District v. South Carolina (S.C.) [PDF 160,372kb]
  Finance: How state courts have evaluated funding adequacy claims under state constitutions.
  
• Crawford v. Metropolitan Government of Nashville and Davidson County (U.S. Sup. Ct.) [PDF 2,520,534kb]
  Employment: Title VII—scope of opposition and participation anti-retaliation protection
  
• Dean Transportation, Inc. v. National Labor Relations Board (D.C. Cir.) [PDF 2,593,456kb]
  Labor: National Labor Relations Act—union representation after privatization—maintaining options for school boards
  
• Meacham v. Knolls Atomic Power Laboratory (U.S. Sup. Ct.) [PDF 137,810kb]
  Employment: Age Discrimination in Employment Act—burden of proof for reasonable factor other than age.
  
• Engquist v. Oregon Department of Agriculture (U.S. Sup. Ct.) [PDF 181,880kb]
  Employment: Equal protection—application of class of one analysis to public employment.
  
• Nurre v. Whitehead (9th Cir.) [PDF 238,934kb]
  First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.
  
• Cain v. Horne (Ariz. Ct. App.) [PDF 884,738kb]
  Separation of church and state: constitutionality of Arizona voucher programs—Blaine Amendments
  
• Colorado Christian University v. Baker (10th Cir.) [PDF 90,732kb]
  First Amendment: Establishment Clause—state provisions prohibiting public funding of religious education
  
• Alexandria City Schools v. A.K. (U.S. Sup. Ct.) [PDF 256,881kb]
  IDEA: Individualized education program—definition of “location” of services—denial of free appropriate public education
  
• Kentucky Retirement Systems v. EEOC (U.S. Sup. Ct.) [PDF 144,855kb]
  ADEA: Age as factor in retirement plans—facial discrimination
  
• Page v. Lexington County School District One (4th Cir.) [PDF 115,303kb]
  First Amendment: Government speech—school district statements on proposed legislation—hyperlinks on school web sites
  
• Thompson R2-J School Dist. v. Luke P. (10th Cir.) [PDF 178,172kb]
  IDEA: substantive standard for FAPE--self sufficiency
  
• Busch v. Marple Newton School District (3d Cir.) [PDF 60,372kb]
  First Amendment: curriculum control--free speech rights of parent volunteers
  
• M.A.L. v. Kinsland (6th Cir.) [PDF 325,919kb]
  First Amendment - student distribution of literature - time, place and manner regulations
  
• John M. v. Board of Education of Evanston Township High School District 202. (7th Cir.) [PDF 72,233kb]
  IDEA: current educational placement
  
• Bd. of Educ. of the City Sch. Dist. of the City of New York v. Tom F. (U.S. Sup. Ct.) [PDF 110,729kb]
  IDEA: tuition reimbursement
  
• TSSAA v. Brentwood Academy (U.S. Sup. Ct.) [PDF 143,311kb]
  First Amendment—standard for free speech challenge to contractual terms promoting educational mission.
  
• BCI Coca-Cola Bottling Co. of Los Angeles v. EEOC (U.S. Sup. Ct.) [PDF 107,523kb]
  Employment—Title VII—Final decisionmaker liability for racial animus of subordinates.
  
• Winkelman v. Parma City School District (U.S. Sup. Ct.) [PDF 202,277kb]
  IDEA: Parent representing child pro se in court.
  
• Morse v. Frederick (U.S. Sup. Ct.) [PDF 187,116kb]
  First Amendment: student expression – classification of speech, i.e. Tinker, Fraser, or Kuhlmeier – qualified immunity.
  
• Unified School District No. 259 v. Disability Rights Center of Kansas (10th Cir.) [PDF 174,123kb]
  FERPA: disclosure of student records to protection and advocacy groups.