Legal Advocacy

SB v. Board of Education of Harford County (4th Cir.)

Legal System: Section 504 claims seeking monetary damages for alleged peer harassment based on disability are subject to Title IX standard set forth in the U.S. Supreme Court in Davis

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.

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

OCR June 2015 Response to NSBA's March 2015 Letter RE: OCR's November 2014 "Dear Colleague Letter" Title II "effective communication" Regulatory Guidance

On June 15, 2015, the U.S. Department of Education's Office for Civil Rights (OCR) sent a letter to the National School Boards Association’s (NSBA) General Counsel Francisco M. Negrón, Jr. responding to his March 5, 2015 letter to OCR regarding the regulatory guidance it issued in November 2014 on the subject of the Americans with Disabilities Title II "effective communication" regulation. 

NSBA Takes Lead in Helping School Districts Implement Landmark Same-Sex Marriage Decision

Alexandria, Va. (June 26, 2015) – On Friday, June 26, 2015, the United States Supreme Court issued an historic decision in Obergefell v. Hodges. In the opinion, the Court held that the Fourteenth Amendment of the United States Constitution requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when that marriage was lawfully licensed and performed out-of-state. 

In keeping with the work done in the DOMA case, NSBA will be leading the charge in helping school districts understand the impact of the holding in Obergefell and will be releasing a publication, within the next week, which will help school districts understand the impact that the holding in the case will have on their operations

The DOMA FAQ can be found at: http://www.nsba.org/dos-and-donts-doma

Detailed legal analysis on this case can be found by clicking:  NSBA’s Legal Clips

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

NSBA Applauds Ruling in Favor of School Discretion in Maintaining Safe, Harassment-Free Learning Environments

Alexandria, Va. (April 9, 2015) - The National School Boards Association (NSBA) applauds the ruling by the U.S. Court of Appeals for the Fourth Circuit in support of schools’ discretion in maintaining safe, harassment-free learning environments. At stake in the case of Doe v. Board of Education of Prince George’s County was the standard by which school districts could be held liable for monetary damages under Title IX [1] in cases of alleged student-on-student harassment.

NSBA and CSBA Urge Court to Use Fairness Principles in Awarding Attorneys’ Fees in Special Education Litigation

K.G. v. Irvine Unified School District (9th Cir.)

Special Education & Disabilities: IDEA - is a prevailing party entitled to "automatic attorneys' fees and costs or is a court required to consider the degree of success achieved by the “prevailing party” in determining the size and appropriateness of the award of attorneys’ fees and costs 

Filed March 25, 2015

Pages

Subscribe to RSS - Legal Advocacy
Go to top