School Law

NSBA Takes Lead in Helping School Districts Implement Landmark Same-Sex Marriage Decision

Alexandria, Va. (June 26, 2015) – On Friday, June 26, 2015, the United States Supreme Court issued an historic decision in Obergefell v. Hodges. In the opinion, the Court held that the Fourteenth Amendment of the United States Constitution requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when that marriage was lawfully licensed and performed out-of-state. 

In keeping with the work done in the DOMA case, NSBA will be leading the charge in helping school districts understand the impact of the holding in Obergefell and will be releasing a publication, within the next week, which will help school districts understand the impact that the holding in the case will have on their operations

The DOMA FAQ can be found at:

Detailed legal analysis on this case can be found by clicking:  NSBA’s Legal Clips

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. 

Bryner v. Canyons School District

Utah Court of Appeals holds that videotape from security camera at middle school was subject to disclosure restrictures pursuant to FERPA because the tape constituted a educational record within the meaning of FERA.

COSA Director to discuss student data privacy at Harvard

This Wednesday, The Berkman Center for Internet & Society at Harvard Law School will be hosting a working meeting on “Emerging & Future Privacy Issues in K-12 Connected Learning.” Attending and participating in the discussion will be Sonja Trainor, Director of the Council of School Attorneys (COSA), National School Boards Association (NSBA). Ms.

Newsome v. Albemarle County School Board

The U.S. Court of Appeals for the Fourth Circuit has ruled that a student who is challenging a school district’s dress code prohibiting the wearing of any apparel associated with weapons and violence is entitled to a preliminary injunction preventing the district from enforcing the code with regard to his wearing a t-shirt bearing the initials NRA and depicting three gunmen. 

NSBA Applauds Ruling in Favor of School Discretion in Maintaining Safe, Harassment-Free Learning Environments

Alexandria, Va. (April 9, 2015) - The National School Boards Association (NSBA) applauds the ruling by the U.S. Court of Appeals for the Fourth Circuit in support of schools’ discretion in maintaining safe, harassment-free learning environments. At stake in the case of Doe v. Board of Education of Prince George’s County was the standard by which school districts could be held liable for monetary damages under Title IX [1] in cases of alleged student-on-student harassment.

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

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.

Richardson v. State of North Carolina (N.C. Sup. Ct.)

Privatization & School Choice: Vouchers – whether state’s private school voucher program violates state constitution

NSBA and Leading State and Local Government Organizations Ask U.S. Supreme Court to Reject New EEOC “Standard” in Religious Discrimination Cases

Alexandria, Va. (Jan. 29, 2015) — The National School Boards Association (NSBA) joined a “friend of the court” (amicus) brief filed today by the leading state and local government organizations asking the High Court to affirm the Tenth Circuit decision in Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch, that an employer is not liable under federal law for failing to provide a religious accommodation to a prospective employee who did not ask for an accommodation. 


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