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Education Constitutional Law

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Social Media and Student Discipline – Where Are We?

The United States Supreme Court stated nearly 50 years ago that public school students do not shed their rights to free speech at the schoolhouse gate. In Tinker v. Des Moines Indep. Cmty. Sch. Dist., the Court struck down...more

Fifth Circuit Revives Outspoken Professor’s Retaliation Case: Anti-Tenure Speech is a Matter of Public Concern

by Saul Ewing LLP on

Plaintiff James Wetherbe, a professor in Texas Tech University’s business school, is not your typical professor. While universities are no stranger to lawsuits from unhappy professors passed over for tenure, few see lawsuits...more

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

by Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

by Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Saskatchewan will use notwithstanding clause to protect school choice for parents and students - Decision being appealed

by Dentons on

Both defendants have appealed the ruling of the Saskatchewan Court of Queen’s Bench, which held that government funding of non-Catholics in Catholic schools is unconstitutional. The trial judge ruled that the Saskatchewan...more

New Jersey Township’s Recently Enacted Ordinances Alleged to Violate RLUIPA

Earlier this month, Agudath Israel of America Inc. (“Agudath Israel”) sued the Township of Jackson, New Jersey (“Jackson”), challenging Jackson’s recently-enacted land use ordinances restricting schools from all but three...more

When Can a School Search a Student’s Bag?

by Reminger Co., LPA on

Last week the Ohio Supreme Court unanimously ruled that a school’s intrusive search of an unattended bag did not violate a student’s 4th Amendment right to be free from illegal search and seizures because the examination of...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

Govt Funding of non Catholics in Catholic schools held Unconstitutional

by Dentons on

This recent decision of the Saskatchewan Court of Queen’s Bench, Good Spirit School Division No. 204 v. Christ the Teacher Roman Catholic Separate School Division No. 212 interprets the age-old constitutional guarantees for...more

CAS Legal Mailbag Question of the Week – April, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening...more

Latest Legal Developments On Student Searches

by Tucker Arensberg, P.C. on

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

Ericsson Tests Scope of the PTAB’s Sovereign Immunity Holding

by Knobbe Martens on

On January 25, 2017, a panel of the Patent Trial and Appeal Board (PTAB) held that “Eleventh Amendment Immunity bars the institution of an inter partes review against an unconsenting state that has not waived sovereign...more

An Omitted Inventor Can’t Correct Inventorship of a Patent Owned by a Government Agency

In a non-precedential opinion in Ali v. Carnegie Institution of Washington, [2016-2320] (April 12, 2017), the Federal Circuit affirmed the dismissal, on grounds of sovereign immunity, of Ali’s lawsuit to be added as a...more

NLRB Asserts Jurisdiction Over Non-Teaching Employees of a Private Religious University

by FordHarrison on

In an April 6, 2017, decision, Saint Xavier University, 365 NLRB No. 64 (2017), the National Labor Relations Board (NLRB) determined that it was appropriate to exercise jurisdiction over a petitioned-for unit of housekeeping...more

The NLRB Rules That It Will Assert Jurisdiction Over Nonteaching Employees of Religious Institutions And Nonprofit Religious...

by Franczek Radelet P.C. on

In its 2014 landmark decision in Pacific Lutheran University (PLU), the National Labor Relations Board (NLRB) held that it will assert jurisdiction over faculty at religious colleges and universities unless the college or...more

School Districts not Exempt from Paying Assessments to Fund Flood Control Services - California Appellate Court Finds...

by Best Best & Krieger LLP on

An assessment to fund flood control and drainage services imposed by a county reclamation district on a school district was upheld Friday by a California appellate court. The court found that the trial court erred in...more

Appellate Court Holds That Constitution Overrides Statutory Exemption Related to Proposition 218 Assessments; Reclamation...

by Downey Brand LLP on

In a reversal of a lower court decision, the Third District Court of Appeal has held that the California Constitution’s provisions related to Proposition 218 override a statutory exemption that a school district argued...more

See You In Court! - April 2017

by Shipman & Goodwin LLP on

The Nutmeg Board of Education was frustrated and dismayed this budget season by the need to cut programs and reduce costs. However, given various warnings from Seymour Dollars, the irascible Chairperson of the Nutmeg Board of...more

United States Supreme Court Defines Standard For Special Education: Endrew F. v. Douglas County School District RE-1

In a unanimous decision, the United States Supreme Court held that the Individuals with Disabilities Education Improvement Act (IDEA) requires school districts to provide special education students with “an educational...more

U.S. Supreme Court Clarifies Standards for Free Appropriate Public Education

by Hinshaw & Culbertson LLP on

In a unanimous decision, the U.S. Supreme Court issued its decision today on the appropriate standard for determining what constitutes a Free Appropriate Public Education (FAPE) in Endrew F. v. Douglas Cty. Sch. Dist. RE-1,...more

The Endrew Decision: A Better Educational Standard for Special Needs Students.

by Nexsen Pruet, PLLC on

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this...more

Supreme Court Clarifies FAPE Standard in Endrew F. Case

by Shipman & Goodwin LLP on

For the first time in nearly 35 years, the Supreme Court of the United States has addressed the legal standard by which courts determine whether a school district has provided a student with a disability a “free appropriate...more

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