Legal Advocacy

City of Houston v. Zamora (U.S. Sup. Ct. Petition Brief 2016)

Whether the Fifth Court erred in applying the "cat's paw" theory of liability to Title VII

United Student Aid Funds, Inc. v. Bible (U.S. Sup. Ct. - Petition Brief 2016)

Federal agency notice and comment rulemaking: Whether Auer v. Robbins, 519 U.S. 452 (1997), nd Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), should be overruled

NSBA Urges U.S. Supreme Court to Rein in Federal Agencies’ Discretionary Power

Alexandria, Va. (February 9, 2016) — The National School Boards Association (NSBA), joins the State and Local Legal Center (SLLC) in filing a “friend of the court” (amicus) brief, urging the U.S. Supreme Court to review the Seventh Circuit’s decision in Bible v. United Student Aid Funds, Inc. The amici ask the Court to limit the power of federal agencies to interpret their own regulations when changing their position, and without first providing affected stakeholders with notice and an opportunity to comment on such a change.

Court urged to maintain halt on Nevada's Education Savings Account Program

Nevada’s First Judicial District Court Judge James Wilson granted a preliminary injunction in the case of Lopez v. Schwartz earlier this month, halting the state’s Education Savings Account Program (ESAP) established by Senate Bill (SB) 302. In its ruling, the court explained that as the bill diverts general funds appropriated for public schools to fund private school tuition, it violates sections of Nevada’s constitution.

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 Comments - RE: ED Request for Information; Docket ID: ED-2015-OESE-0130 Title of Collection: Implementing Programs Under Title I of the Elementary and Secondary Education Act

This letter builds on my testimony at the Department’s hearing on ESSA implementation in Washington, D.C. on January 11, 2016.  Through our comments, NSBA underscores the importance of community leadership and ownership of our nation’s public schools, while the Department considers regulations and non-regulatory guidance to implement ESSA.  NSBA believes education is a civil right, and advocates for equity and excellence in public education through local school board governance. 

Lopez v. Schwartz

Order issuing preliminary injunction prohibiting State of Nevada from implement the educational savings account (ESA) program, known as SB 302.

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)

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.”

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