School Law

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

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 Letter to House Education Committee Regarding Family Education Rights and Privacy Act (FERPA)

In this letter to the House Committee on Education and the Workforce, NSBA Executive Director Thomas Gentzel commends Chairman Kline and Senior Democratic Member Scott for proposing a bold and comprehensive new look at the Family Educational Rights and Privacy Act (FERPA), now over forty years old. School boards and their attorneys recognize that the law needs a fresh approach, one that reflects the new and emerging reality of how schools collect, store, manage and work with student information in the 21st century.

Hamilton Cnty. Sch. Bd. v. Haslam

HCBOE's response to state's motion to dismiss school funding equity suit.

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

NSBA Letter to House Education Committee Regarding Family Education Rights and Privacy Act (FERPA)

In this letter to the House Committee on Education and the Workforce, NSBA Executive Director Thomas Gentzel commends Chairman Kline and Senior Democratic Member Scott for proposing a bold and comprehensive new look at the Family Educational Rights and Privacy Act (FERPA), now over forty years old. School boards and their attorneys recognize that the law needs a fresh approach, one that reflects the new and emerging reality of how schools collect, store, manage and work with student information in the 21st century. 

Bryner v. Canyons School District

Utah Court of Appeals holds that videotape from security camera at middle school was subject to disclosure restrictures pursuant to FERPA because the tape constituted a educational record within the meaning of FERA.

COSA Director to discuss student data privacy at Harvard

This Wednesday, The Berkman Center for Internet & Society at Harvard Law School will be hosting a working meeting on “Emerging & Future Privacy Issues in K-12 Connected Learning.” Attending and participating in the discussion will be Sonja Trainor, Director of the Council of School Attorneys (COSA), National School Boards Association (NSBA). Ms.

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