School Law

Newsome v. Albemarle County School Board

The U.S. Court of Appeals for the Fourth Circuit has ruled that a student who is challenging a school district’s dress code prohibiting the wearing of any apparel associated with weapons and violence is entitled to a preliminary injunction preventing the district from enforcing the code with regard to his wearing a t-shirt bearing the initials NRA and depicting three gunmen. 

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

NSBA Asks N.C. Supreme Court to Strike Down State Voucher Program

Alexandria, Va. (Feb. 2, 2015) — The National School Boards Association (NSBA) filed a “friend of the court” (amicus) brief today in the North Carolina Supreme Court case Richardson v. North Carolina. The brief supports a lawsuit by the North Carolina School Boards Association asking the Court to strike down as unconstitutional the state’s law that provides vouchers for students to attend private schools.

NSBA’s brief points out that the voucher program’s lack of accountability measures means parents will be denied the ability to assess the quality of the education their students receive. Under the program, private schools in the state do not have to comply with state accountability, academic, and curricular standards, are not required to employ minimally qualified teachers, and do not have to report their low performance.

Richardson v. State of North Carolina (N.C. Sup. Ct.)

Privatization & School Choice: Vouchers – whether state’s private school voucher program violates state constitution

NSBA and Leading State and Local Government Organizations Ask U.S. Supreme Court to Reject New EEOC “Standard” in Religious Discrimination Cases

Alexandria, Va. (Jan. 29, 2015) — The National School Boards Association (NSBA) joined a “friend of the court” (amicus) brief filed today by the leading state and local government organizations asking the High Court to affirm the Tenth Circuit decision in Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch, that an employer is not liable under federal law for failing to provide a religious accommodation to a prospective employee who did not ask for an accommodation. 

EEOC v. Abercrombie & Fitch Stores (U.S. Sup. Ct. - Merits Brief)

Employment Discrimination: Title VII – duty to provide religious accommodation in the absence of actual notice of need for accommodation

Ohio v. Clark (U.S. Sup. Ct. - Merits Brief)

Legal System: Sixth Amendment Confrontation Clause - teacher/school staff requirement to report suspected child abuse under state mandatory reporting law - are teachers/staff agents of law enforcement for purposes of Confrontation Clause - does a minor student's out-of-court statements to a teacher in response to teacher's concern about potential child abuse qualify as "testimonial" statements subject to the Confrontation Clause

NSBA Urges the U.S. Supreme Court to Require a Notice-and-Comment Period Before Federal Agencies Change Significant Interpretive Rules

Alexandria, Va. (Oct.17, 2014) — The National School Boards Association (NSBA) joined a “friend of the court” (amicus) brief filed by the State and Local Legal Center (SLLC) and multiple signatories that asks the High Court to affirm the District of Columbia Circuit’s holding in the case of Perez v. Mortgage Bankers Association. At issue is whether state and local governments should be notified and allowed to comment before federal agencies change interpretations of their own regulations.

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