Amicus Brief

M.R. v. Ridley School District (3d. Cir. Pet. for rhrg en banc)

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys' fees

Gloucester County School Board v. G.G. (U.S. Sup. Ct. - Merits Brief)

Equity & Discrimination: Whether informal agency guidance in the form of a letter intrepreting Title IX as applying to gender identity is entitled Auer deference by courts

NSBA Asks Court to Uphold the Law that Enables More Than 6 Million Children with Disabilities to Receive Individual Educational Opportunities

Alexandria, Va. (December 22, 2016) - The National School Boards Association (NSBA) along with the California School Boards Association and its Legal Alliance Fund, the Colorado Association of School Boards, and the Horace Mann League have filed an amicus brief in Endrew F. v. Douglas County School District RE-1 asking the court to uphold the standard the Court established in the Rowley case decades ago that provides for students to receive an educational benefit from their special education. A ruling in favor of Endrew F. would create confusion that would jeopardize the level of educational benefits school districts provide students with disabilities, endangering the ability of schools to meet individual student needs.

Endrew F. v. Douglas County School District (U.S. Sup. Ct. – Merits Brief)

Special Education & Disabilities:  What level of education benefit must be provided to meet the IDEA’s free appropriate public education requirement?

NSBA Urges the U.S. Supreme Court to Uphold Long-Standing Processes that Encourage Parent-School Collaboration in Special Education

October 14, 2016 – The National School Boards Association (NSBA), joined by the Michigan Association of School Boards (MASB), the School Superintendents Association (AASA), Association of School Business Officials International (ASBO), and National Association of State Directors of Special Education (NASDSE), filed a “friend of the court” (amicus) brief in the U.S. Supreme Court case of Fry v. Napoleon Community Schools.

“IDEA’s due process procedures were put in place for the benefit of students with disabilities,” said Thomas J. Gentzel, National School Boards Association Executive Director and CEO. “Parents and schools working collaboratively to address the individual educational needs of students produces the best outcomes for students with and without disabilities, their parents, and their local school districts. We encourage the Court to discourage any resolution that encourages more litigation and diverts precious funds away from the classroom.”

M.L. v. Bowers (4th Cir.)

Special Education & Disabilities: Whether a school district must provide  a student with religious/cultural instruction in order to satisfy IDEA's  free appropriate public education requirement   

NSBA and IMLA Urge High Court to Hear Employment Case, Citing Operational Realities of School Boards

Alexandria, Va. (February 10, 2016) — The National School Boards Association (NSBA) joined the International Municipal Lawyers Association in filing a “friend of the court” (amicus) brief Monday in the U.S. Supreme Court, supporting the employer’s request for review in the case of City of Houston v. Zamora...."Such a rule levies an unfair and onerous burden on boards as employers given that no amount of internal process would protect them from liability if a jury later finds that the credited employee had a discriminatory motive,” said Thomas J. Gentzel, Executive Director, NSBA.

NSBA Urges U.S. Supreme Court to Rein in Federal Agencies’ Discretionary Power

Alexandria, Va. (February 9, 2016) — The National School Boards Association (NSBA), joins the State and Local Legal Center (SLLC) in filing a “friend of the court” (amicus) brief, urging the U.S. Supreme Court to review the Seventh Circuit’s decision in Bible v. United Student Aid Funds, Inc. The amici ask the Court to limit the power of federal agencies to interpret their own regulations when changing their position, and without first providing affected stakeholders with notice and an opportunity to comment on such a change.

NSBA Urges Court to Maintain Injunction on Nevada Voucher Scheme

Alexandria, Va. (February 1, 2016) —The National School Boards Association (NSBA) applauds the recent Nevada District Court decision granting a preliminary injunction in the case of Lopez v. Schwartz, halting the state’s Education Savings Account Program (ESAP), that would divert general funds appropriated for public schools to fund private school tuition.

NSBA Urges Nevada Court to Prohibit the Diversion of Public Dollars from Public Education

Alexandria, Va. (November 24, 2015) - The National School Boards Association (NSBA), joined by the Nevada Association of School Boards (NASB), filed a “friend of the court” (amicus) briefin the First Judicial District Court of Nevada in the case of Lopez v. Schwartz, urging the Court to grant a preliminary injunction to halt the pre-registration process Nevada has initiated to use public funds to provide savings accounts for private education.

“It is NSBA’s longstanding position to oppose diverting public funds away from public education to fund private schools,” stated Thomas J. Gentzel, Executive Director, National School Boards Association. “If the Court does not rule against these voucher schemes, it will strengthen efforts that seek to erode school board members’ ability to prepare all students for success in the 21st century.”


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