Establishing state authority in public school employment claims

Public schools across the country work to ensure that every one of their students receives a high-quality education and the tools, resources, and supports needed to succeed. To help accomplish this mission, public schools must employ thousands of administrative, instructional and support workers subject to a vast array of federal and state employment laws, regulations, local ordinances, and district policies. 

In the case of Window Rock School District v. Reeves, NSBA and the Arizona School Boards Association (ASBA), filed an amicus (friend of the court) brief urging the Court to accept review of the Ninth Circuit decision over this public school employment claim and establish the state’s authority.

Left intact, by permitting the exercise of concurrent jurisdiction, the Ninth Circuit’s decision threatens to create legal uncertainties over the established authority of state and federal law to regulate public education.

NSBA's amicus brief is available here.  

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