Amicus Brief

Court urged to maintain school district flexibility in responding to disability harassment complaints

The National School Boards Association (NSBA), joined by the Maryland Association of Boards of Education (MABE), filed a "friend of the court” (amicus) brief in the Fourth Circuit Court of Appeals (MD, NC, SC, VA, WV) in SB v. Board of Education of Harford County, urging the Court to uphold the district court’s decision in favor of the school board.

Court Urged to Maintain School District Flexibility in Responding to Disability Harassment Complaints

Alexandria, Va. (September 23, 2015) - The National School Boards Association (NSBA), joined by the Maryland Association of Boards of Education (MABE), filed a “friend of the court” (amicus) brief in the Fourth Circuit Court of Appeals (MD, NC, SC, VA, WV) in SB v. Board of Education of Harford County, urging the Court to uphold the district court’s decision in favor of the school board.

“It’s important to guard against any precedent that would allow a school district to be found deliberately indifferent if bullying or harassment by others continues, despite a district’s efforts to address reported misconduct,” said Thomas J. Gentzel, Executive Director, National School Boards Association. “Changing the standard from deliberate indifference to strict liability would rob school districts of the flexibility they need in responding to claims of harassment based on their educational judgments and knowledge of the school environment.”

NSBA leads education groups urging Supreme Court to protect teachers required to report child abuse

The National School Boards Association (NSBA), joined by the Ohio School Boards Association (OSBA), and 15 other national organizations filed an amicus brief, “friend of the court” in the U.S. Supreme Court in Schott v. O’Reilly (formerly Wenk v. O’Reilly) urging the Court to protect teachers and other school officials from claims arising out of their mandatory obligation to report instances of suspected child abuse.

NSBA Leads Education Groups Urging Supreme Court to Protect Teachers Required to Report Child Abuse

Alexandria, Va. (August 13, 2015) - The National School Boards Association (NSBA), joined by the Ohio School Boards Association (OSBA), and 15 other national organizations filed an amicus brief, “friend of the court” in the U.S. Supreme Court in Schott v. O’Reilly (formerly Wenk v. O’Reilly) urging the Court to protect teachers and other school officials from claims arising out of their mandatory obligation to report instances of suspected child abuse. The case concerns whether teachers or other school personnel - required by state law to serve as mandatory reporters of suspected child abuse - are entitled to qualified immunity.

Schott v. Wenk (U.S. - Petition Brief)

Liability: §1983 liability of mandatory reporters of suspected child abuse or neglect; even when (a) there is a reasonable basis to suspect abuse and (b) the report is not materially false—impermissibly chill child abuse reporting across the nation; (2) Can a First Amendment retaliation claim be maintained under Section 1983 against a statutorily mandated reporter of known or suspected child abuse when there is evidence in the record that would support a reasonable basis to suspect abuse and the report is not materially false; (3) Is a statutorily mandated reporter of known or suspected chi

NSBA Applauds the U.S. Supreme Court’s Decision Recognizing Protective Role of School Personnel in Child Abuse Reporting

Alexandria, Va.  (June 18, 2015) - The National School Boards Association (NSBA) praises today’s decision by the U.S. Supreme Court to reverse the Ohio Supreme Court’s decision in the case of Ohio v. Clark. Consistent with NSBA’s position as outlined in its “friend of the court” (amicus) brief, Justice Samuel Alito delivered the Court’s unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the “primary purpose of creating an out-of-court substitute for trial testimony.”

Education groups urge court to protect the interests of children with disabilities

Education Groups Urge Court to Protect the Interests of Children with Disabilities

Alexandria, Va. (June 9, 2015) - The National School Boards Association (NSBA), joined by the Louisiana School Boards Association (LSBA), the Mississippi School Boards Association (MSBA), the Texas Association of School Boards’ (TASB) Legal Assistance Fund, and the National Association of State Directors of Special Education (NASDSE), filed a “friend of the court” (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit (LA, MS, TX) in support of the school district in Seth B. v. Orleans Parish School District.

Seth B. v. Orleans Parish School Board (5th Cir.)

Special Education & Disabilities: Whether IDEA requires publicly-funded independent educational evaluations (IEEs) to meet state and local school district evaluation criteria

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