Amicus Brief

NSBA Urges Court to Maintain Injunction on Nevada Voucher Scheme

Alexandria, Va. (February 1, 2016) —The National School Boards Association (NSBA) applauds the recent Nevada District Court decision granting a preliminary injunction in the case of Lopez v. Schwartz, halting the state’s Education Savings Account Program (ESAP), that would divert general funds appropriated for public schools to fund private school tuition.

NSBA Urges Nevada Court to Prohibit the Diversion of Public Dollars from Public Education

Alexandria, Va. (November 24, 2015) - The National School Boards Association (NSBA), joined by the Nevada Association of School Boards (NASB), filed a “friend of the court” (amicus) briefin the First Judicial District Court of Nevada in the case of Lopez v. Schwartz, urging the Court to grant a preliminary injunction to halt the pre-registration process Nevada has initiated to use public funds to provide savings accounts for private education.

“It is NSBA’s longstanding position to oppose diverting public funds away from public education to fund private schools,” stated Thomas J. Gentzel, Executive Director, National School Boards Association. “If the Court does not rule against these voucher schemes, it will strengthen efforts that seek to erode school board members’ ability to prepare all students for success in the 21st century.”

Lopez v. Schwarz (1st Jud. Dist. Ct. Nev.)

Privatization & Choice: Nevada Education Savings Accounts Program - unconstitutional diverting of state funding intended for public education to private schools  intended for to a free, public education - failure of state to meet its constitutional duty to provide free public education

U.S. Supreme Court urged to uphold public education diversity efforts

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.

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.”

Fisher v. University of Texas at Austin (U.S. Sup. Ct. - Merits Brief 2015)

Whether the Fifth Circuit’s re-endorsement of the University of Texas at Austin’s use of racial preferences in undergraduate admissions decisions can be sustained under this Court’s decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Fisher v. University of Texas at Austin, 133 S. Ct. 2411 (2013)

Salazar v. South San Antonio Independent School District (5th Cir.)

Equity & Discrimination: Whether a school district may be held liable under Title IX of the Education Amendments of 1972 for the sexual assault of a student by a school principal when the abuser was the only school official with actual knowledge of the wrongdoing

Supreme Court standard should dictate school districts’ liability under Title IX assert Ed Leaders

The National School Boards Association (NSBA), joined by the Texas Association of School Boards (TASB) filed a “friend of the court” (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court’s decision.

Education Leaders Assert Supreme Court Standard Should Dictate School Districts’ Liability Under Title IX

Alexandria, Va. (September 30, 2015) - The National School Boards Association (NSBA), joined by the Texas Association of School Boards (TASB) filed a “friend of the court” (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit regarding Salazar v. South San Antonio Independent School District, urging the Court to overturn the trial court’s decision. The Court will consider whether a school district may be held liable under Title IX of the Education Amendments of 1972 for the sexual assault of a student by a school principal when the abuser was the only school official with actual knowledge of the offense. . .

“If the Court of Appeals affirms the lower court’s decision, it will create a precedent where a district can be found liable based solely on wrongdoing by a school official, regardless of how vigilant a school district is in monitoring employees, and without the district being given the opportunity to address the harassment in question,” stated Thomas J. Gentzel, Executive Director, National School Boards Association. “It has been our long held position that Title IX liability of school districts should be determined strictly in keeping with the standards established by the U.S. Supreme Court.”

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

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