Amicus Brief

NSBA Amicus Brief - El Paso Indep. Sch. Dist. v. Richard R. (5th Cir.)

IDEA: Settlement offer –enforceability without court review; mootness of lawsuit seeking same relief as rejected settlement offer. Filed 3/12/09.

NSBA Amicus Brief - Earls v. Tecumseh (U.S. Sup. Ct.)

Fourth Amendment: search and seizure - mandatory drug testing of studnets participating in extracurricular activities.

Dydell v. Taylor (Mo. Sup. Ct.)

Coverdell Teacher Protection Act: applicability to school administrators for acts and omissions in disciplining students; interaction with state official immunity laws.  Filed 9/1/10.

NSBA Amicus Brief DeRolph v. State (U.S. Sup. Ct.)

School Finance: state constitutional right to public education - availability of remedy - jurisdiction

Comfort v. Lynn School Committee, No. 03-2415 (1st Cir. October 20, 2004)

The U.S. Court of Appeals for the First Circuit has ruled that a Massachusetts school district’s use of race as a factor in its student assignment plan violates the Fourteenth Amendment’s Equal Protection Clause. Because race is a suspect classification under the Equal Protection Clause, the First Circuit applied the two-pronged strict scrutiny test to determine if the school district’s plan is constitutional. The first prong requires the government to demonstrate that the use of race serves a compelling governmental interest.

NSBA Amicus Brief - Comfort v. Lynn School Committee (1st Cir.)

Diversity: use of student race as factor in school assignments; supplemental brief; lead amicus Council of the Great City Schools. 

NSBA Amicus Brief - C.N. v. Ridgewood Board of Education (3rd Cir.)

First Amendment: compelled speech – privacy – anonymous student survey on sensitive subjects.

Christian Legal Society v. Martinez (U.S. Sup. Ct.)

First Amendment: ability of public school to condition official recognition status on student group’s adoption of school’s  non-discrimination policy. Filed March 15, 2010.

Child Evangelism Fellowship of Maryland v. Montgomery County Public Schools, No. 03-1534 (4th Cir. June 30, 2004)

The U.S. Court of Appeals for the Fourth Circuit has ruled that the refusal by Maryland’s Montgomery County Public Schools (MCPS) to distribute materials promoting an after-school "Good News Club" run by the Child Evangelism Fellowship of Maryland (CEF) constituted impermissible viewpoint discrimination in violation of CEF’s free speech rights. MCPS elementary school teachers and students distributed materials for other groups, such as the Four-H and the Boy Scouts.


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