Council of School Attorneys

Staub v. Proctor Hospital (U.S. Sup. Ct.)

USERRA:  Vicarious liability of employer for discriminatory animus of subordinate without decision-making authority; available defenses to “cat’s paw” claims. Filed 9/7/10.

R.K. v. Board of Education of Scott County, Kentucky (6th Cir)

ADA/Section 504: Right of student receiving disability-related services to attend neighborhood school - financial burden on school district. Filed October 14, 2011 By Guy Colson

Purdham v. Fairfax County School Board (4th Cir.)

Fair Labor Standards Act:  Interpretation of nominal fee—Payment of stipends to school support staff who volunteer as coaches/advisors for athletic and extracurricular activities. Filed June 17, 2010. By Francisco Negron

Peninsula Sch. Dist. v. D.P. (U.S. Sup. Ct. - Petition Brief)

IDEA: exhaustion of administrative remedies requirement - seeking to avoid requirement by artful pleading based on remedy sought. Filed November 23, 2011 By Francisco Negron

Payne v. Peninsula School District (9th Cir.)

IDEA:  Exhaustion of administrative remedies—implementation of behavioral modification interventions. Filed October 13, 2010 By Francisco Negron

NSBA Amicus Cases Win/Loss Chart - Current Term

Scorecard of NSBA amicus efforts in federal and state appellate courts.

Niehaus v. Huppenthal (Ariz. App. Ct., Div. One)

Establishment Clause - prohibition on public funding of religious institutions: Whether Arizona's tuition-tax credit program violates the state costitutional provisions mandating separation of church and state and prohibiting the use of public funds to aid religious institutions, such as schools. Filed October 31, 2012  By Francisco Negron

Morgan v. Swanson (5th Cir.)

First Amendment:  Establishment Clause and Free Speech Clause—qualified immunity for school officials making decisions that require reconciling free speech and government endorsement of religion concerns. Filed March 16, 2011. By Christopher Gilbert

Meadows v. Lake Travis Independent Sch. Dist. (5th Cir.)

Parental rights:  Access to school premises to monitor child’s education; reasonableness of visitor policies to ensure student safety.  Filed February 25, 2010. By Francisco Negron 

Johnson v. Poway Unified School District (9th Cir.)

First Amendment:   Employee free speech—authority of school district to regulate teacher classroom expression.  Filed July 23, 2010. By Thomas Hutton 

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