Fitzgerald v. Barnstable School Committee (U.S. Sup. Ct.)

Sex discrimination: Title IX pre-emption of section 1983 constitutional claims in peer harassment case.

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.


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