Amicus Brief

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.”

Education groups urge court to protect the interests of children with disabilities

Education Groups Urge Court to Protect the Interests of Children with Disabilities

Alexandria, Va. (June 9, 2015) - The National School Boards Association (NSBA), joined by the Louisiana School Boards Association (LSBA), the Mississippi School Boards Association (MSBA), the Texas Association of School Boards’ (TASB) Legal Assistance Fund, and the National Association of State Directors of Special Education (NASDSE), filed a “friend of the court” (amicus) brief in the U.S. Court of Appeals for the Fifth Circuit (LA, MS, TX) in support of the school district in Seth B. v. Orleans Parish School District.

Seth B. v. Orleans Parish School Board (5th Cir.)

Special Education & Disabilities: Whether IDEA requires publicly-funded independent educational evaluations (IEEs) to meet state and local school district evaluation criteria

NSBA and CSBA Urge Court to Use Fairness Principles in Awarding Attorneys’ Fees in Special Education Litigation

K.G. v. Irvine Unified School District (9th Cir.)

Special Education & Disabilities: IDEA - is a prevailing party entitled to "automatic attorneys' fees and costs or is a court required to consider the degree of success achieved by the “prevailing party” in determining the size and appropriateness of the award of attorneys’ fees and costs 

Filed March 25, 2015

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.

NSBA asks NC Supreme Court to strike down state voucher program

The National School Boards Association (NSBA) filed a “friend of the court” (amicus) brief  Feb. 2 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.

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