Supreme Court

City of San Gabriel v. Flores (U.S. Sup. Ct. - Petition Brief)

Employment & Labor: Does the Fair Labor Standards Act allow employers, when calculating the overtime rate, to exclude payments to an employee that are entirely unrelated to his hours of employment

Endrew F. v. Douglas County School District (U.S. Sup. Ct. – Merits Brief)

Special Education & Disabilities:  What level of education benefit must be provided to meet the IDEA’s free appropriate public education requirement?

Carcano v. McCrory

District court order continuing discovery and staying proceedings for 90 days.

NSBA Urges U.S. Supreme Court to Rein in Federal Agencies’ Discretionary Power

Alexandria, Va. (February 9, 2016) — The National School Boards Association (NSBA), joins the State and Local Legal Center (SLLC) in filing a “friend of the court” (amicus) brief, urging the U.S. Supreme Court to review the Seventh Circuit’s decision in Bible v. United Student Aid Funds, Inc. The amici ask the Court to limit the power of federal agencies to interpret their own regulations when changing their position, and without first providing affected stakeholders with notice and an opportunity to comment on such a change.

U.S. Supreme Court Urged to Uphold Public Education Diversity Efforts

Alexandria, Va. (November 3, 2015) - The National School Boards Association (NSBA), joined by the Texas Association of School Boards Legal Assistance Fund (TASB LAF) and five other leading education groups filed a “friend of the court” (amicus) brief in the U.S. Supreme Court in Fisher v. University of Texas at Austin (UT), urging the Court to uphold the Fifth Circuit Court’s decision in favor of the university.

“The Court’s ruling has the potential to affect all public schools seeking to promote diversity,” stated Thomas J. Gentzel, Executive Director, National School Boards Association. “We urge the Court to uphold the precedence set by current Supreme Court standards and maintain public schools’ ability to adopt and implement diversity policies that promote educational goals.”

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

Supreme Court Update

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By Leza Conliffe, Senior Staff Attorney, and Alexandra Garcia, NSBA Law School Intern, National School Boards Association, Alexandria, VA

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

NSBA Applauds the U.S. Supreme Court’s Decision Recognizing Protective Role of School Personnel in Child Abuse Reporting

Alexandria, Va.  (June 18, 2015) - The National School Boards Association (NSBA) praises today’s decision by the U.S. Supreme Court to reverse the Ohio Supreme Court’s decision in the case of Ohio v. Clark. Consistent with NSBA’s position as outlined in its “friend of the court” (amicus) brief, Justice Samuel Alito delivered the Court’s unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the “primary purpose of creating an out-of-court substitute for trial testimony.”

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