NSBA files amicus brief in Busch v. Marple Newtown Sch. Dist.
NSBA and the Pennsylvania School Boards Association (PSBA) have filed an amicus brief, below, with the U.S. Court of Appeals for the Third Circuit in Busch v. Marple Newtown Sch. Dist. The case involves an appeal of a ruling by a Pennsylvania federal district court, summarized at the second link below, that school officials did not violate a student’s or his parent’s First Amendment rights by insisting that the parent refrain from reading Bible verses to the child’s kindergarten class as part of a program to involve parents in their children’s classes. Lead author on the brief was PSBA Deputy Chief Counsel Emily J. Leader. The brief urges the appeals court to (1) refrain from undermining the ability of school districts to ensure that classroom instruction is consistent with the district’s curriculum based on legitimate pedagogical considerations; (2) recognize that public schools do not automatically transform classrooms into limited public fora when volunteers assist teachers during instructional time, and that a ruling to the contrary would create a powerful legal disincentive for schools to utilize this important form of parental and community engagement; and (3) find that school officials had a legitimate concern that this exercise could expose the school to an Establishment Clause lawsuit and issue clear guidance to avoid further litigation in this area.
NSBA/PSBA brief
Summary of district court opinion in Busch v. Marple Newtown Sch. Dist.