Council of School Attorneys

Campaign for Fiscal Equity v. State of New York, No. 74 (N.Y. June 26, 2003)

The New York Court of Appeals, New York’s highest court, has ruled that the state’s system of funding public education fails to provide New York City public school students with an opportunity for a meaningful high school education as mandated by the state constitution.

Perdue v. Kenny A. (U.S. Sup. Ct.)

Section 1988:  Attorneys’ fees--Enhancement award based on quality of representation and results achieved. Filed June 29, 2009.

Marshall Joint School District No. 2 v. C.D. (7th Cir.)

IDEA: eligibility for special education—determination of whether child’s health condition adversely affects educational performance.  Filed August 21, 2009.

Horne and Speaker of the Arizona House of Representatives v. Flores (U.S. Sup. Ct.)

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. 

NSBA Amicus Brief - Gross v. FBL Financial Services (U.S. Sup. Ct.)

Age Discrimination in Employment Act:  burden of proof--mixed motive instruction.  Filed 3/4/09.

NSBA Amicus Brief - Forest Grove School Dist. v. T.A. (U.S. Sup. Ct.—Merits)

IDEA: tuition reimbursement—child who has not received special education services from school district.  Filed 3/4/2009.

NSBA Amicus Brief - El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.)

IDEA: Settlement offer –enforceability without court review; mootness of lawsuit seeking same relief as rejected settlement offer. Filed 3/12/09.

NSBA Amicus Brief Committee for Educational Equality v. State of Missouri (Mo.)

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.

Cain v. Horne, No. 07-0143 (Ariz. App. Div. Two, May 15, 2008)

An Arizona intermediate court of appeals has struck down two new state voucher programs for foster and disabled children as violating the state constitution’s “Aid Clause.” That clause provides: “No tax shall be laid or appropriation of public money made in aid of any church, or private or sectarian school, or any public service corporation.” However, the court ruled the programs did not violate the state constitution’s “Religion Clause,” which provides: “No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of

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