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New York Court Finds Schools Not Constitutionally Underfunded

On September 19, 2016, an Albany, New York trial court in Maisto v. New York rejected plaintiffs’ claims that the state was constitutionally underfunding eight small-city school districts. Stinson Leonard Street attorneys...more

Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

National Anthem Protests: How Should Schools, Colleges, And Universities Respond?

It’s the night of the big game. Parents, students, and fans fill the stands. The marching band takes the field, but as the band begins to play the national anthem, the football team’s star player drops to one knee – similar...more

The Aftermath Of The CCJEF Ruling: What Is Next For Public Education In Connecticut?

On September 7, 2016, Superior Court Judge Thomas G. Moukawsher issued a lengthy decision in Connecticut Coalition for Justice in Education Funding v. Rell. As its name would suggest, this case involved a challenge to...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

Superior Court Judge Rules Connecticut Education System Unconstitutional

On Wednesday, September 7, 2016, Hartford Superior Court Judge Thomas G. Moukawsher ruled in the case of Connecticut Coalition for Justice in Education Funding v. Rell, x07 HHD 14-5037565-S, that the current Connecticut...more

California Ballot 2016: Pros and Cons of Props 57-61

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...more

New Complaint Challenges Constitutionality of Connecticut Educational System

On August 23, 2016, four Connecticut parents, on behalf of themselves and their seven children, filed a 71-page complaint in the United States District Court for the District of Connecticut against Governor Dannel Malloy and...more

NLRB issues two key decisions affecting higher ed

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

D.H. v. Clayton County School District - A Federal Appeals Court Reaffirms New Jersey v. TLO

In the light of Riley v. California and United States v. Wurie, which imposed a warrant requirement for the search of cellular phones incident to lawful arrest, some legal commentators believed the courts were poised to...more

A look at the legal issues in the transgender bathrooms debate

On Wednesday, the U.S. Supreme Court signaled that it may take up the question of whether and to what extent educational institutions are required to permit transgender individuals to use the bathroom that corresponds to...more

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

Natasha Baker Breaks Down Fisher II on Law360

On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin (Case No. 14–981)(Fisher II), ending nearly eight years of litigation involving UT’s use of race as a factor...more

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a...

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions. The result was somewhat surprising...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Governor Paul LePage Signs Executive Order to Pay for Bills Passed in Second Regular Session of...more

U.S. Supreme Court Upholds Race-Conscious Admissions Program

In a decision sending waves through the tertiary education community and beyond, the U.S. Supreme Court upheld—by a four to three vote—the University of Texas’ (the University) race-conscious admissions program as lawful...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

High Court Finds UT Austin Race-Conscious Admissions Process Constitutional

In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect...more

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

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