Council of School Attorneys

Fisher v. University of Texas at Austin (U.S. Sup. Ct. - Merits Brief)

Fourteenth Amendment - Equal Protection Clause: Whether the U.S. Supreme Court's decisions interpreting the Equal Protection Clause of the 14th Amendment, including Grutter v. Bollinger, 539 U.S. 306, 71 U.S.L.W. 1788 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions decisions. Filed August 13, 2012 By C. Mitchell Brown

Filarsky v. Delia (U.S. Sup. Ct. - Merits Brief)

Qualified immunity: Is a lawyer retained to work with government employees in conducting an internal affairs investigation precluded from asserting qualified immunity solely because of his status as a "private" lawyer rather than a government employee . Filed November 22, 2011 By Geoffery Eaton

Dydell v. Taylor (Mo. Sup. Ct.)

Coverdell Teacher Protection Act: applicability to school administrators for acts and omissions in disciplining students; interaction with state official immunity laws.  Filed 9/1/10.

Doe v. Covington Cnty. Sch. Dist. (5th Cir.)

Fourteenth Amendment: Due Process - special relationship theory of liability for acts of third parties - state created danger exception based on school district's ID check policy for visitors. Filed December 30, 2011 By Lisa Brown

D.L. v. Baltimore Cnty. Bd. Sch. Commissioners (4th Cir.)

Section 504 of the Rehabilitation Act of 1973: Whether disabled student enrolled in private school is entitled to services under Section 504 on the same basis as a disabled student enrolled in public school. Filed April 9, 2012 By Francisco Negron

City of Ontario v. Quon (U.S. Sup. Ct.) - Merits Brief

Fourth Amendment:  Right to search employee’s messages transmitted via public employer’s electronic communication devices.  Filed February 12, 2010. By Peter Fagen

C.H. v. Heyward (4th Cir.)

First Amendment:  Student free speech—Authority of school district to regulate wearing of apparel displaying Confederate flag.  Filed June 1, 2010.By Francisco Negron

Blue Mountain Sch. Dist. v. J.S./Hermitage Sch. Dist. v. Layshock (U.S. Sup. Ct. - Petition Brief)

First Amendment: Student speech - does Tinker and/or Fraser apply to offcampus, online student speech - school officials authority to regulate, restrict such speech without offending student's free speech rights. Filed November 2, 2011 By Francisco Negron

Bon Voyage! A Legal and Policy Making Guide for School Boards on International Student Travel

The guide explains the three types of international student travel, which include school sponsored and school district managed, school sponsored and tour-company managed, and non-school sponsored/private trips, providing guidance on recommended district-led policies for each. In addition, the report promotes improved understanding of outside tour companies, insurance policies, liability issues, and academic credit programs.

NSBA issues student data privacy guide in cloud computing era

As school districts increasingly move to cloud computing instead of on-site data storage, the National School Boards Association (NSBA) and its Council of School Attorneys (COSA) have released a guide for school boards introducing the legal issues associated with protecting student data and suggesting best practices.

The guide, “Data in the Cloud,” seeks to raise awareness of student data privacy concerns, and to provide a framework for comprehensive student data privacy approaches in school districts.

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