School Law Resources

Legal Issues for School Districts Related to the Education of Undocumented Children

his booklet discusses 13 legal questions commonly asked by school board members and school administrators related to undocumented students. Unfortunately, few of the questions have definitive answers. Plyler directly addressed only the narrow question of whether undocumented children are entitled to receive a free public school education. Plyler is the sole U.S. Supreme Court case dealing with the rights of undocumented children in public schools. Moreover, lower court cases and state laws rarely address the questions raised in this booklet. By John Borkowski

Does v. Board of Educ. of Prince George's County (4th Cir.)

Legal System: Davis standard - deliberate indifference - agency enforcement guidance - bullying/harassment. Filed June 4, 2014.

Bon Voyage! A Legal and Policy Making Guide for School Boards on International Student Travel

The guide explains the three types of international student travel, which include school sponsored and school district managed, school sponsored and tour-company managed, and non-school sponsored/private trips, providing guidance on recommended district-led policies for each. In addition, the report promotes improved understanding of outside tour companies, insurance policies, liability issues, and academic credit programs.

Long v. Murray Cnty. Sch. Dist. (11th Cir.)

Section 504 of the Rehabilitation Act of 1973/Americans with Disabilities Act: Whether summary judgment was properly granted on the claim of disability discrimination under Section 504 and the ADA based on the district court‘s finding that the school district was not deliberately indifferent as a matter of law to the alleged peer harassment. Filed November 28, 2012 

University of Texas Southwestern Medical Center v. Nassar (U.S. Sup. Ct. - Merits Brief)

Title VII: Whether the application of the mixed-motive standard in Title VII retaliation cases would unduly burden public schools. Filed March 11, 2013 

NSBA Comments to ED’s March 2014 Data Collection Request on the Impact of Professional Development on Fourth Grade Student Achievement in Fractions

The National School Boards Association (NSBA) offered formal comments to the Notice of the "Impact of Professional Development in Fractions for Fourth Grade" from the U.S. Department of Education (ED) on April 7, 2014.  NSBA's comments noted NSBA's support for teachers continually receiving professional development. However, NSBA's comments expressed concern for the method by which ED seeks to obtain the identified data about student achievement, the data’s usefulness, and the significant cost and validity issues associated with the proposal.

Moss v. Spartanburg County Sch. Dist. No. 7

Federal district in South Carolina has ruled that a school district's award of academic credit for of-campus religious instriction does not violate the First Amendment's Establishment Clause. The court concluded that the school district through the adoption and implentation of its release time policy had not offended the establishment Clause.

Teacher Liability Protection Act

On January 8, 2002, President Bush signed the Elementary and Secondary Education Act (the Act), Public Law 107-110. The Act contains the Paul D. Coverdell Teacher Protection Act of 2001, Sections 2361 through 2368 of the ESEA. These provisions take effect on April 8, 2002. The Act applies not only to teachers but to all officers (i.e., school board members) and employees of the school district.

Privacy and Technology

Learn more about legal issues related to Internet, email, video, and other emerging technology. 

Student Achievement

Learn more about legal information on standardized tests, high-stakes testing, and academic honors.


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