School Law

2016 COSA School Law Seminar Registration Form

This is the registration for the 2016 School Law Seminar to be held at the Sheraton Boston Hotel on April 7-9, 2016. 

If you cannot register for the Seminar online, you can download, fill out, and mail or fax the form.

Mail

NSBA
P.O. Box 1807
Merrifield, VA 22116-8007.

Fax

703-519-6497
Attn:School Law Seminar Registration

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

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.”

Court Urged to Maintain School District Flexibility in Responding to Disability Harassment Complaints

Alexandria, Va. (September 23, 2015) - The National School Boards Association (NSBA), joined by the Maryland Association of Boards of Education (MABE), filed a “friend of the court” (amicus) brief in the Fourth Circuit Court of Appeals (MD, NC, SC, VA, WV) in SB v. Board of Education of Harford County, urging the Court to uphold the district court’s decision in favor of the school board.

“It’s important to guard against any precedent that would allow a school district to be found deliberately indifferent if bullying or harassment by others continues, despite a district’s efforts to address reported misconduct,” said Thomas J. Gentzel, Executive Director, National School Boards Association. “Changing the standard from deliberate indifference to strict liability would rob school districts of the flexibility they need in responding to claims of harassment based on their educational judgments and knowledge of the school environment.”

NSBA leads education groups urging Supreme Court to protect teachers required to report child abuse

The National School Boards Association (NSBA), joined by the Ohio School Boards Association (OSBA), and 15 other national organizations filed an amicus brief, “friend of the court” in the U.S. Supreme Court in Schott v. O’Reilly (formerly Wenk v. O’Reilly) urging the Court to protect teachers and other school officials from claims arising out of their mandatory obligation to report instances of suspected child abuse.

NSBA Leads Education Groups Urging Supreme Court to Protect Teachers Required to Report Child Abuse

Alexandria, Va. (August 13, 2015) - The National School Boards Association (NSBA), joined by the Ohio School Boards Association (OSBA), and 15 other national organizations filed an amicus brief, “friend of the court” in the U.S. Supreme Court in Schott v. O’Reilly (formerly Wenk v. O’Reilly) urging the Court to protect teachers and other school officials from claims arising out of their mandatory obligation to report instances of suspected child abuse. The case concerns whether teachers or other school personnel - required by state law to serve as mandatory reporters of suspected child abuse - are entitled to qualified immunity.

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

OCR June 2015 Response to NSBA's March 2015 Letter RE: OCR's November 2014 "Dear Colleague Letter" Title II "effective communication" Regulatory Guidance

On June 15, 2015, the U.S. Department of Education's Office for Civil Rights (OCR) sent a letter to the National School Boards Association’s (NSBA) General Counsel Francisco M. Negrón, Jr. responding to his March 5, 2015 letter to OCR regarding the regulatory guidance it issued in November 2014 on the subject of the Americans with Disabilities Title II "effective communication" regulation. 

NSBA Letter to House Education Committee Regarding Family Education Rights and Privacy Act (FERPA)

In this letter to the House Committee on Education and the Workforce, NSBA Executive Director Thomas Gentzel commends Chairman Kline and Senior Democratic Member Scott for proposing a bold and comprehensive new look at the Family Educational Rights and Privacy Act (FERPA), now over forty years old. School boards and their attorneys recognize that the law needs a fresh approach, one that reflects the new and emerging reality of how schools collect, store, manage and work with student information in the 21st century.

Hamilton Cnty. Sch. Bd. v. Haslam

HCBOE's response to state's motion to dismiss school funding equity suit.

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